Fast action promised for poll violations
Moch. N. Kurniawan and Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The Election Supervisory Committee (Panwaslu), the Attorney General's Office and the National Police signed an agreement on Thursday to ensure speedy investigation into and prosecution in cases of electoral violations.
The agreement stated that a speedy investigation and prosecution was imperative to cope with possible violations in the 2004 elections, which will run in several stages.
The speedy investigation is expected to ensure that the election schedule runs smoothly, which "is expected to take place amid a hostile political situation," the agreement says.
Under the agreement an indictment must be made 72 days after an alleged violation is reported to Panwaslu. In the past elections many reports of violations were never investigated.
According to the agreement, Panwaslu must obtain reports on electoral violations seven days at the most after they occur. If Panwaslu considers that a case fits the criteria of an electoral violation, it must submit the report to the police within seven days after obtaining the report.
The police must investigate the case within 30 days after Panwaslu submits the report and hand it over to the prosecutors within seven days after the investigation is completed.
The prosecutors must file an indictment against the perpetrators within 14 days of obtaining the police report.
Meanwhile, Chief Justice Bagir Manan, who witnessed the agreement signing, told reporters the Supreme Court would soon issue a regulation that would enable a speedy trial of violations of the Elections Law.
"We would assign special judges to hear such cases," he said.
The court is proposing that a case is heard by one judge, instead of three as in criminal or civilian cases.
Bagir added that a violation which carries a light sentences of less than an 18-month jail term would be heard in a district court, while violations that carry heavier sentences would be heard in the high court.
"The verdict is final, no appeals," he said, quoting Law No. 13/2003 on elections.
However, Bagir questioned whether a convict may ask the Supreme Court to review the conviction, given that the current Elections Law fails to provide for such a scenario.
Bagir also explained that suspects in cases that are not stipulated in the Elections Law, would be charged under the Criminal Code.
Panwaslu Chairman Komaruddin Hidayat said that Panwaslu has so far reported 20 cases involving electoral violations across the country. Three of the cases have been heard in courts.
"This agreement only ensures the efficient settlement of cases involving electoral violations," he said.
Earlier in the day, Panwaslu deputy chairman Saut H. Sirait warned political parties not to make an early start in the election campaign by flying their flags and banners or displaying their symbols and names to the public. The election campaign will only take place between March 11 and April 1.
"We will give them until Dec. 28 to take down their flags that have been installed in public places. Beyond that date, we will report it to the police as an electoral violation," he said.
Currently, some of the 24 political parties which will contest next year's elections are flying their flags and banners in public places. Some of the banners display the pictures of their presidential candidates.
According to the Elections Law, the General Elections Commission (KPU) and the government must regulate locations where political parties can place their symbols during the campaign period.