On Tuesday, November 21st 2017, members of the Elections Monitoring Body (Bawaslu) pay a visit to the House of Representatives to consult the newly-issued Bawaslu’s Regulations (Perbawaslu) on the use of Integrated Center for Elections Law Enforcement (Sentra Gakkumdu) with members of the Commission II of the Parliament. The new Perbawaslu contains several novel provisions.
Here’s what Fritz Edward Siregar, a Bawaslu member, has to say about the new regulations.
What’s substantially new from this regulations?
Firstly, new regulation which states that the establishment of Gakkumdu at central, province, regency/municipality level, and at abroad shall be conducted by Central Bawaslu by issuing official decree. Previously, the establishment of Gakkumdu was regulated by a joint regulation between Bawaslu, judicial body, and the police.
Secondly, with the new regulations, the leading sector of Gakkumdu is Bawaslu. However, there is still a problem.
What’s the problem?
The issuance of investigation and prosecution letter is still an authority of other institutions, not ours. The Elections Law does not bestow Bawaslu with the authority to independently initiate investigation and prosecution on an electoral violation case. Unlike the Elections Commission (KPU) who have such authority, we don’t.
Without such authority, we cannot easily process a violation case and submit it to the judiciary body. As the result, we will have to neglect the case and let the perpetrator free without having to pay for consequence.
We have expresses this concern to the parliament members to let them know our difficulties in handling electoral violations. We have recommended them to invite the police and members of state attorney to discuss this matter immediately.
Do the Parliament members agree to the recommendation?
Yes. The Parliament members will invite head of national police and other concerned state institutions to discuss this matter.
What other novel provisions are in the new Perbawaslu?
Gakkumdu elements, such as investigative polices and attorneys, shall be working full-time at Gakkumdu secretariat. Gakkumdu at national or central level will be working at the office in Central Bawaslu, meanwhile, provincial Gakkumdu at office in provincial Bawaslu, regency/municipality Gakkumdu at office in regency/municipality Gakkumdu, and Gakkumdu abroad will be at Elections Monitoring Committee’s office in respective country.
Gakkumdu elements will be assisted by Gakkumdu secretary which is selected and dismissed exclusively by Bawaslu’s General Secretary.
How many investigative polices and attorneys will be working at Gakkumdu Secretariat?
At national or central level there are six personnel, at provincial level four personnel, and at regency/municipality level four personnel.
Is there any specific requirement for the police and attorney working at Gakkumdu?
For investigative police officers, there are three qualifications. First, any officer is allowed to work at Gakkumdu if he/she has completed a course on investigation on electoral crimes. Second, the officer must hold moral integrity and value at highest standard. Third, the officer never have been banned or sentenced to disciplinary punishment by his/her superior. Meanwhile, the requirement for attorney is that he/she has to be working as district attorney for at least three years.
Will there be Bawaslu members working at Gakkumdu?
Of course. We will assigned a member who is specialized at law enforcement. So, there are three elements to Gakkumdu: elections overseer (Bawaslu member), police officer, and attorney.