Bawaslu Urges Study of Restorative Justice in Election Law Amid New Criminal Code
The Election Supervisory Body (Bawaslu) believes the potential application of a restorative justice approach in handling electoral crimes requires in-depth study as the Election Law is synchronised with the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP). This review is considered crucial to ensure that the national criminal law reform remains capable of safeguarding the public interest and democratic integrity.
Bawaslu member Puadi stated that changes to the KUHP and KUHAP will impact the electoral crime regime, which is currently regulated specifically in the Election Law. Therefore, any updates must be formulated carefully to avoid legal uncertainty. “Bawaslu has a vested interest in ensuring that the reform of national criminal law does not create uncertainty in electoral law enforcement, but rather strengthens the effectiveness of protecting the integrity of the democratic process,” Puadi said at the Bawaslu office in Jakarta on Monday (29/6).
He noted that one of the key issues in this harmonisation is the possibility of applying restorative justice to electoral crime cases. Puadi revealed that Bawaslu has previously employed approaches that prioritise restoring justice in handling certain violations. However, the application of this concept to electoral crimes still requires deeper discussion. “We in the Violations Handling Division have also handled cases through mechanisms that affirm justice. At the very least, we have made efforts to affirm justice. Now, this also needs to be thought through deeply,” he stated.
He further emphasised that the application of restorative justice cannot be equated with common crimes because electoral offences are intrinsically linked to the public interest and the quality of democracy. “The question is whether this approach can be applied to electoral crimes, which fundamentally concern the public interest and democratic integrity,” he said.
Puadi added that the synchronisation of the Election Law with the new KUHP and KUHAP must also address several other challenges. These include clarifying the relationship between special provisions (lex specialis) and general criminal law, strengthening the role of the Integrated Law Enforcement Centre (Gakkumdu), anticipating the development of violations in the digital era, and ensuring that swift case handling remains consistent with the principles of due process of law and human rights protection.
To support this harmonisation process, Puadi requested that all levels of Bawaslu identify norms of electoral crime affected by the enactment of the new KUHP and KUHAP, map out provisions that must remain specific to electoral law, and prepare recommendations to serve as input for the revision of the Election Law.