Is PPP entitled to file a lawsuit?

Is PPP entitled to file a lawsuit?

By Bambang Widjojanto

JAKARTA (JP): The election is behind us, leaving only the
memory of the hurly-burly of campaigning and the excitement of
voting. Now, we are waiting on the final results of ballot
counting.

Meanwhile, protests questioning the validity of ballot
counting and the election process are rife.

The United Development Party (PPP) representatives have
instructed their branch leaders to gather all legal evidence to
prosecute violations in the recent vote counting.

This is a surprising move. Even before these charges were
made, PPP campaign teams in the Sampang, Pamekasan and West
Sumatra regions were convinced that voting was rigged.

Suspicions of deceit drew outrageous reaction from the public,
who moved resolutely and swiftly. The party's West Sumatra
regional board refused to endorse the voting results while the
PPP branch management in Madura refused to go over another
reelection count.

The monitoring conducted by the Foundation of the Indonesian
Legal Aid Institute confirmed that cheating had taken place
during voting and during the vote counting.

Examples of outright cheating during voting and ballot
counting included vote collectors (KPPS) rejecting witnesses
without any valid reason, voting forms not being provided to
voters, voters casting their ballot twice, voters bribed to vote
for a certain party and empty ballot boxes which were not
publicly displayed before voting time.

Other forms of deception were the counting of votes in
locations not stipulated, misleading voters' registration, vote
collectors not calling out the right voting results, vote
collectors doctoring voting forms rendering them invalid, and
other irregularities which disturbed the voting procedure.

Based on findings which strongly suggest deceit during voting,
we have concluded that voting procedures and the counting of
votes were rife with problems. This situation could mar the
results of voting itself. Unfortunately, the chairman of the
election committee has made it clear that whatever the results of
the election, those responsible can not be taken to court.

This statement may be acceptable in a political context but it
has a serious legal defect. In legal terms, whoever commits
something detrimental to others can be taken to court.

Based on PPP's statement and their conduct, those charged with
electoral fraud can be taken to court on the grounds of downright
treachery. Still, the question has to be asked whether or not PPP
leaders are courageous enough to proceed with the court case. Is
it a mere political maneuver? And if they are serious, would
legal action be necessary?

There are several points to consider. The reaction to possible
electoral fraud should be appreciated. PPP leaders are not doing
this for their personal political interests. Support should be
given to the leaders because as a nation based on law we have to
uphold the law. An ideal law-abiding nation should be cultivated
in a fight against the government's abuse of power. One way to do
this is to take the issue to court.

Despite public cynicism of our judicial system, taking the
issue to court should be the last resort. The objective is not to
win or lose the case, but the whole process should be a
principled move.

Two things are behind this principle. First, the legal move
will reflect the responsibility of the leaders toward their
voters. It is an attempt to rid the party of deceit plaguing
itself as well as others. If a party is unable to clean its own
house, how can it defeat fraud elsewhere in the nation?

Second, the intended court action is a moral act to draw a
line between the cheaters and the cheated. If the plan does not
materialize, the party might be accused of taking part in the
fraud. In legal terms it is a duty to report a crime. Failing to
do so amounts to supporting the crime.

Third, the rampant violations during voting threw the door
open to legal actions. The election laws qualify several acts as
criminal offenses. Several acts which have been brought to
attention here could fall into the category of creating disorder,
obstructing and disturbing election procedures.

Based on the experience of the Foundation of the Indonesian
Legal Aid Institute, it is possible to take cases of power abuse
by the government to court. Any deviation to voting regulations
should be addressed.

It is only hoped that PPP leaders' plan to take the case to
court will materialize. This will not only be historically
significant but will also inspire those responsible for drafting
the regulations to improve their work because we aspire to have a
nation whose individuals are law-abiding citizens.

The writer is director of the Foundation of the Indonesian
Legal Aid Institute.