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Replacement Intertemporal of KPU Commissioners

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The passing of KPU commissioner is a requirement of interim replacement. Law No. 15 of 2011 on General Election Organizer reads requirements of interim replacement of KPU commissioners.  The Law also caters ordinances of replacement.

“Under the law, Hasyim Asyari will replace Husni Kamil Manik,” said executive director of the Association for Elections and Democracy (Perludem), Titi Anggraini (7/12).

Titi refers to Law No.15 / 2011 that in general, the absence / cessation of membership of KPU described in Paragraph 5 of the Termination. Article 27 Paragraph (1) reads, members of KPU, Provincial KPU, and Regency / City temporarily quit because: a. die; b. resigned for reasons that are acceptable; c. other remains incapacitated; or d. dishonorably discharged.

Then, Paragraph (5) reads, interim replacement member of the Commission referred to in paragraph (1) shall be conducted as follows: a. KPU members are replaced by a candidate member of the Commission following rank order of the results of the election conducted by the House of Representatives.

Provision b and c describes the interim replacement of Provincial and Regency / City commissioner. Provision b reads, Provincial KPU commissioners are replaced by a prospective member of Provincial KPU the next rank order of the results of the election conducted by KPU. While provisions c reads, commissioners of the Regency/City KPU replaced by Regency/City candidates of next rank order of the results of the election conducted by the Provincial KPU.

Hasyim Asyari as mentioned by Titi is based on monitoring of the selection and election of members of the Commission from 2012 to 2016. Perludem that affiliated in Secure Elections Coalition conducted data collection and monitoring documentation, including fit and proper test phase and the election by the members of Commission II of DPR RI.

Based on the votes, the order of elected commissioners of KPU 2012-2016 is: Sigit Pamungkas (45 votes); Ida Budhiati (45); Arief Budiman (43); Husni Kamil Manik (39); Ferry Kurnia Rizkiansyah (35); Hadar Nafis Gumay (35); and Juri Ardiantoro (34).

While seven people out of the seven elected commissioners based on votes are: Hasyim Asyari, a lecturer in public administration (32); Ari Darmastuti, a lecturer of political studies (Fisipol) (31); Enny Nurbaningsih, a lecturer in public administration (23); M.Najib, Provincial KPU commissioner (3); M.Adhy Syahputra Aman, an election researcher and activist (1); Zainal Abidin, a member of Komite Independen Pemilu (1), and Evie Ariadni Shinta, a professor of political communication (0).

Votes came from members of Commission II of DPR RI totaling 53 people, consisting of 9 (nine) fraction. In turn, all members of Commission II cast their votes on paper containing 14 names of KPU member candidates. After that, the results were read out, and immediately counted.

Both Sigit and Ida gained 45 votes. Ferry and Hadar also obtained same votes, 35 votes. Sigit is sorted first because he got the votes from 53 council members, while Ferry is sorted first as the initial letter in the name.

“Each council member can pick seven names in one ballot paper,” said Titi.

Law No.15 / 2011 also explain the position of chairman as well as commissioner. Part Two on Status, Structure and Membership, Article 6 establishes the number of KPU commissioners and the procedure of chairman election. Subsection (1) part a states the number of KPU commissioners are 7 (seven). Subsection 2 explains KPU membership shall consist of a chairman doubles as members. Subsection 3 explains, KPU chairman is elected from and by the members

After one vacant member of KPU is filled, the members re-elect new chairman. Previously, Husni was elected by the Plenary Meeting in KPU Meeting Room, Jl. Imam Bonjol, Jakarta.

The selection mechanism is divided into two stages. The first phase, the election is in the form of majority votes that technically each member gives two different names. Arief Budiman and Husni Kamil Manik were selected. The second phase, the election is in a form of consensus without involving Arief and Husni. []

USEP HASAN SADIKIN/Translated by SL

Related Article: http://www.rumahpemilu.org/in/read/11538/Pasal-pasal-Terkait-Posisi-dan-Kewenangan-Ketua-KPU

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