Tue, 29 Jun 2004

KPU fails to make time for electoral disputes

Muninggar Sri Saraswati, Jakarta

Owing to its tight schedule, the General Elections Commission (KPU) has failed to allocate sufficient time for the Constitutional Court to hear possible disputes in vote-counting during the presidential election, particularly after a possible second round of voting.

"It is possible that disputes could occur more in the first round. We don't anticipate them in the second round," Ramlan Surbakti, KPU deputy chairman, told reporters on Monday.

In accordance with the Law on Presidential Elections, the KPU has set the announcement date for results on Oct. 6 and the inauguration on Oct. 20.

Five presidential candidates are vying to win in the country's first direct presidential election, to be held on July 5 with a possible runoff between the top two on Sept. 20.

Legislation on the presidential election and the constitutional court stipulate that the candidates have to file complaints within three days after the results are announced and the Constitutional Court has to resolve the disputes within 14 days.

"We really don't have time to set 14 days for the Court to finish possible cases. We hope they'll finish it in just a few days," said Ramlan.

Campaign managers for all five candidates said last week that they were prepared to report possible violations to the Constitutional Court.

Each team has chosen a significant number of activists to witness the ballot-counting and to secure written documentation from local KPU (KPUDs) about the results, which would be important evidence in court.

Most political parties lost their electoral lawsuits in the wake of the April 5 legislative election due mostly to a lack of firm evidence.

Going by the official timeline, the KPU has also not allocated sufficient time for the Constitutional Court to settle possible disputes after the first round of the presidential election either.

KPU is set to announce the results of the first round on July 26 and the "three-day" election campaign for the second round is slated to start on Aug. 14.

"We wouldn't have sufficient time for the printing and distribution of ballot papers for the second round because we plan to start on Aug. 8 while, if we wait for the court they would not be obliged to finish until Aug. 12.

"Indeed, it is very hard to conduct three elections in a year," Ramlan said.

Constitutional Court chief Jimly Asshidiqie has said that KPU has failed to allot sufficient time for the court to settle possible electoral disputes during the presidential election.

"We must talk about it carefully because it may affect the legitimacy of the elected president. People tend to be more emotional during the presidential election. They will do their best to win the race," he said.

The Constitutional Court, Jimly explained, is expected to invite the KPU and the government representatives to settle the problem this week.

The Constitutional Court received as many as 273 complaints filed by 23 of the 24 political parties participating in the April 5 legislative election.