Dessy Sagita – The Constitutional Court and the National Police signed a landmark agreement on Tuesday that is expected to aid in resolving electoral disputes, while offering more flexibility for government agencies to investigate and prosecute electoral fraud.
"This agreement has profound repercussions for our democracy, because it addresses regional election disputes and violations through the upholding of the supremacy of law," said National Police Chief Gen. Bambang Hendarso Danuri.
The agreement, signed by police chief of detectives Comr. Gen. Ito Sumardi and Constitutional Court secretary general Janedjri M Gaffarre, stipulates that electoral complaints filed with the court must be categorized and then handed over to the relevant state institution for processing.
Previously, the court was the sole authority responsible for dealing with electoral complaints, but Chief Justice Mahfud MD said that situation led to a widespread misconception of the court's actual powers.
"People think we decide on how to punish people who commit electoral violations, but that authority belongs to other institutions, such as the police force and local legislatures. That notion is wrong," he said.
The Constitutional Court is not charged with handing down verdicts. It should only rule on whether a violation has occurred and then report those findings to the government body that has jurisdiction over the matter.
"If we hear cases that are linked to criminal acts, such as fraud, we will hand the case over to the police so they can take the appropriate action," Mahfud said.
He added fraud was high on the list of the most common electoral complaints. A number of regional head candidates have been cited for faking their school diplomas, petitions and even voter lists.
"The administrative aspect of such violations must be handled by the KPU [General Elections Commission]," Mahfud said.
There are 244 regional elections scheduled for this year and next to choose governors, district heads and mayors across the country. As of July, 174 have been held, with only isolated reports of violations, police chief Bambang said.