KPU asked to void memo on ballot counting

The Jakarta Post, Jakarta

The election supervisory body called on the General Elections Commission on Tuesday to retract an official memo, which states that the counting of dozens of ballot papers intended for other electoral districts was legal, arguing that such a measure was in violation of the Election Law.

As of noon on Tuesday, data from the Election Supervisory Committee (Panwaslu) showed that cases involving ballot papers that were used in the wrong electoral districts were found in 189 polling stations in 20 provinces.

For instance ballot papers intended for Jember in East Java were used in Klaten in Central Java.

"Elections in such cases should be repeated", Panwaslu said.

Committee member Topo Santoso said the memo issued on the evening of April 5 could give rise to lawsuits from legislative candidates contesting seats in those areas. Topo said it could also lead to a legal dispute on the validity of the overall election result.

The KPU memo says it is legal for local election administrators to validate a perforation that was made on a ballot paper intended for other electoral districts.

However, the memo's stipulations apply only if there was the consent of political party representatives the polling station stations as witnesses/monitors. Otherwise, balloting for legislative candidates at both provincial and regental levels would have to be repeated.

Topo said the likelihood that a legislative candidate would file an objection to the Constitutional Court is high. "We can understand if the court approves the objection and declares the vote illegal, as such ballot counting violates the principles of proportionality and openness," he added.

The People's Voters Education Network (JPPR), which involves over 10,000 observers, said that despite a lack of violence or intimidation, there were a significant number of cases of electoral fraud and cheating occurred in many areas.

"Four percent of the JPPR observers reported instances of electoral fraud and cheating, the worst being in Karawang regency, West Java, in Lebak regency in Banten province and Lima Puluh Koto regency in West Sumatra," the JPPR's spokesperson stated.

However, "Approximately 96 percent of our observers stated that the election was free and fair," JPPR said.

Despite several violations of election procedures by KPU, legal experts warned that political parties should not use them as justification to simply annul the election result.

M. Fadjrul Falaakh and Maria Farida Indrati said annulling the election result was possible only if substantial issues were violated. "Failure to deliver election materials is only technical," Fadjrul said.

One day after the polls, in a number of provinces the Committee reported rampant violations of balloting rules in polling stations.

In Minahasa regency, North Sulawesi, the Committee reported violations ranging from a shortage of ballot papers which meant some people were denied the right to vote, to distribution of money prior to the balloting.

In Batam, Riau province, Committee officials found bogus polling stations, which cause serious problems for the tabulation of votes.