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.