Fast action promised for poll violations

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.