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Law blamed for partisan poll bodies

Source
Jakarta Post - July 22, 2010

Ridwan Max Sijabat – One reason behind the various flaws in the election body – in the words of its own chief – is that the body is staffed by people with partisan agendas.

In a recent hearing with the House of Representatives' Commission II on home affairs, General Elections Commission (KPU) chairman Hafiz Anshary blamed the rife elections troubles on the 2007 Election Law, which he said led to constraints on the supposedly impartial local elections committees.

"In setting up provincial and regental election commissions, the law has allowed regional administrations to nominate candidates, who are selected by provincial and regental legislatures.

"Most members of local polling bodies [KPUD] were candidates nominated by regional administrations and are actually loyal to the regional heads financing their operation," Hafiz said.

"Many KPUD officers are partial and make policies benefiting incumbent candidates in organizing local elections". He declined to comment on why the polling bodies have made different policies on similar election disputes in the regions.

Outcry over the KPU's incompetence has resulted in the proposed dismissal of commissioner Andi Nurpati.

She was accused of backing an aspiring regent whose running mate unexpectedly died, a controversial decision that led to the burning of a KPUD office and 18 boxes of ballot papers in Toli-toli, Central Sulawesi, in June. The Honorary Council also recommended Andi's dismissal when it was revealed that she had joined the Democratic Party's executive board.

Nur Hidayat Sardini, chairman of the Election Supervisory Body (Bawaslu), said the "ad-hoc nature" of the board means it cannot work effectively.

"According to the law, it works as a linesman rather than a referee. It has the authority to report violations and conflicts to the people but no powers to process violations committed by contestants, incumbent candidates or election commissioners," Nur Hidayat said.

In the past three months, complaints over the elections were related to voter enrollment lists, inaccurate verification of candidates and vote counting – all of which led most defeated candidates to file lawsuits against the polling body at the Constitutional Court.

Bawaslu found suspected voter enrollment fraud and administrative violations among 1,600 violations it reported to the police in the last three months, but only a few have been processed.

Voter enrollment fraud was discovered in North Sumatra, Riau Islands, Central Kalimantan, Bali and East Nusa Tenggara. Instances included double registration of eligible voters and the registration of minors and deceased people to vote, while many newly enrolled voters were not listed.

Bawaslu revealed that instances of voter roll fraud were chiefly due to voter databases not being updated prior to the elections.

"Many regional polling bodies used the 2009 fixed voter rolls without updating them. In compliance with the law, the KPU has to update the 2009 fixed voter roll in coordination with the civil and birth registration office; and the list has to be verified with political parties and the government at all levels to ensure its accuracy," Nur Hidayat said.

The KPUD also failed to draw up regulations and guidelines on candidates' eligibility, allowing businesspeople suspected of corruption, inexperienced celebrities and the spouses of incumbents to run for office.

On top of this, with direct elections, businesses tend to invest in whoever is likely to win as early as possible, to ensure relatively easy arrangements for various permits once the new government has been established.

The absence of rigid election regulations from the KPU has also allowed for the rise of candidates criticized for allegedly abusing the system and "riding coattails" into power – as reflected in reports of the Kediri regent's wives and the incumbent Bone Mongalo regent's first wife, who ran for regent in the local elections.

The Bawaslu also found falsified university degrees belonging to aspiring mayors and regents; but the local KPUD took no action in disqualifying the candidates.

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