Campaign laws 'full of loopholes'<\/p>\n
A. Junaidi and Dadan Wijaksana, Jakarta<\/p>\n
Various loopholes in the campaign regulations are not only
\nproviding presidential candidates with ample opportunity to try
\nto influence voters with gifts, but also making it difficult to
\nproperly punish them, according to experts.<\/p>\n
The General Elections Supervisory Committee (Panwaslu) and a
\nlegal expert agreed on Thursday that little can be done to deal
\nwith the many \"gray areas\" in what constitutes buying votes.<\/p>\n
The rulings say that presidential candidates found guilty of
\ntrying to buy votes will not only be instantly disqualified, but
\nwill also face a maximum sentence of 12 months and a maximum fine
\nof Rp 10 million (US$1,176).<\/p>\n
Yet, the handing out of basic commodities to low-income
\npeople, along with free medical services, transportation fees and
\nother \"donations\" during the campaign -- all of which could be
\nconsidered illegal -- has been going on with impunity on a daily
\nbasis nationwide, and is reportedly being done by all five
\npresidential candidates' campaign activists.<\/p>\n
They have been called \"sympathetic campaigns\" by the
\norganizers.<\/p>\n
The presidential election law states that candidates and their
\nrunning mates or their campaign team members \"are forbidden from
\npromising or\/and giving money or other forms of material items to
\ninfluence voters.\"<\/p>\n
Free medical service is neither money nor a material item --
\nunless one counts the pills handed out to patients -- and the
\ncandidates would say they had no intention of influencing voters.<\/p>\n
Audience members at campaign rallies have come to expect
\n\"transportation fees\" enough, say, for a week's transportation,
\nregardless of whether they intend to even vote on July 5.<\/p>\n
\"Ethically, many cases could be categorized as 'money
\npolitics', but legally they could not been handled as such,\"
\nPanwaslu chairman Komarudin Hidayat told legislators during a
\nmeeting with the House Commission II on legal affairs. He was
\nresponding to questions of why there was little, if any, action
\nbeing taken despite many reports of suspected irregularities from
\nvarious election watchdogs.<\/p>\n
Didik Supriyanto, a Panwaslu member, said that the campaign
\nregulations only defined \"money politics\" as handing over cash or
\nmaterial items during an actual campaign event.<\/p>\n
\"So if money (or other handouts) are given outside the rally
\nvenue or a day earlier or later, legally it would not be a
\nviolation,\" Didik explained. He added that the regulations did
\nnot mention the current trend of family members of candidates
\ndonating money to charity foundations or schools.<\/p>\n
Noted legal expert Frans Hendra Winarta blamed \"years of
\nunhealthy processes of democratization\" and the fact that
\npoliticians \"had no qualms\" in abusing the legal loopholes.<\/p>\n
\"Money politics ultimately comes down to political ethics.
\nEven if the regulations contain loopholes, it would not happen if
\nthey possessed a high degree of political ethics.<\/p>\n
\"It's impossible for us to create a perfect ruling without any
\nloopholes, especially when we're still in an early stage of
\ndemocracy,\" said Frans.<\/p>\n
But the rampant reports of trying to influence voters with
\nhandouts \"will show us that improvements must be made -- be it in
\nthe form of regulations or in learning about ethics -- if we want
\nto have a better form of democracy.\"<\/p>\n
Those involved in it may easily get away with their actions,
\nbut Frans warned of the prospect of the real punishment from the
\nvoters.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/campaign-laws-full-of-loopholes-1447893297",
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