Camelia Pasandaran – Undeterred by previous failed efforts to sack the General Elections Commission, lawmakers and officials from the Elections Supervisory Board on Monday said they hoped to skirt or change the country's Election Law in a new bid to remove the body for alleged incompetence.
The 2007 election law states that members of the commission, known as the KPU, can only be sacked if they are ill, die, or are expelled by an honorary council for violating a code of conduct. However, the five-member honorary council can't be established without the acquiescence of the KPU, and any such council would include three KPU commissioners.
Lawmaker Arif Wibowo of the Indonesian Democratic Party of Struggle (PDI-P) said the House of Representatives (DPR) would consider asking the government to issue a regulation in lieu of law (perppu) to change the way KPU members are removed.
Meanwhile, the Elections Supervisory Board (Bawaslu), will file a request for a judicial review with the Constitutional Court asking that it change the election law relating to removing KPU leaders, Bawaslu member Bambang Eka Cahya Widodo said. Bambang said the board wanted to be able to establish an honorary council without the KPU's agreement.
"If our lawyers have finished drafting [the request for a review], we will register it with the court by next week," he said.
Bawaslu has attempted to establish an honorary council to sack the KPU three times but the KPU rejected the move each time. Bawaslu also reported the KPU to the National Police, which declined to investigate.
KPU member Syamsul Bahri said any attempt to remove commission members should be based on the current law.
"We have the Election Law that states if we violate the code of conduct, there will be an honorary council established," he said. "If it's related to the election results, people can complain to the Constitutional Court. But if it's related to a crime, it should be in a state court."
Arif said members of the House of Representatives's Commission II, which oversees internal affairs, will summon KPU officials to testify about their performances during the legislative and presidential elections this year.
Both polls were marred by problems, including millions of people being left off voter lists, mix-ups of ballot papers and numerous other logistical and planning problems.
"We will start discussions on the plan to terminate KPU members by summoning them to provide an evaluation of... the elections to the House," Arif said.
"We will continue with the recommendation to fire all the KPU members," he added. "If all the [House's] factions are consistent [in supporting] this plan, then we hope that all KPU members will be removed by next year."
Syamsul said KPU members would appear before the House commission if summoned.