Bawaslu says harmonising Criminal Code and Criminal Procedure Code prevents electoral legal uncertainty
The Election Supervisory Body (Bawaslu) has emphasised the importance of harmonising the Election Law with the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) to prevent legal uncertainty in handling electoral offences. As an institution mandated by law to prevent, supervise, and handle election violations, Bawaslu is keen to ensure that the renewal of national criminal law does not create uncertainty in electoral law enforcement, but instead strengthens the effectiveness of protecting the integrity of the democratic process, said Bawaslu member Puadi at the Bawaslu office in Jakarta on Monday.
The statement was made during a harmonisation meeting on handling election crimes under the Election Law, the KUHP, and the KUHAP. Puadi assessed that changes to the KUHP and KUHAP will have implications for criminal law handling in Indonesia, including election crimes which have so far been specifically regulated in the Election Law. He said that handling election crimes is not only related to law enforcement, but is also an instrument to protect citizens’ constitutional rights and to oversee a fair and integral political competition.
Puadi revealed five focus issues in the harmonisation of these regulations. The first is clarity on the application of the lex specialis and lex generalis principles. The second is strengthening the position of the Integrated Law Enforcement Centre (Gakkumdu). The third is the application of a restorative justice approach. The fourth is strengthening evidence in the digital era, and the fifth is the balance between accelerating case handling and the principle of due process of law. He also noted that technological developments have changed the pattern of election violations, and therefore, electoral criminal procedure law must be able to adapt so that law enforcement remains effective. Puadi expressed hope that all relevant stakeholders can provide concrete recommendations to be used as input in discussions on revising the Election Law and national legal policies in the electoral field.