Poll commission seeks new legal basis for election delay

Poll commission seeks new legal basis for election delay

Moch. N. Kurniawan and Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The General Elections Commission (KPU) says it would need a
presidential decree or government regulation in lieu of law to
postpone a poll in a particular area if the necessary election
materials were not delivered.

KPU deputy chairman Ramlan Surbakti said there was no article
in the Election Law (Law No. 12/2003) that could justify an
election delay because of logistical problems.

"This new legal basis would be additional as the law does not
provide for any delay due to logistical problems," Ramlan said
before a plenary KPU meeting.

A government regulation in lieu of law is usually only issued
in emergencies.

Article 119 of the Election Law says a vote may be delayed in
case of riot, security disturbances or natural disasters that
disrupt parts of or the whole election process.

The law also stipulates that a delay in the holding of the
national poll shall be decided upon by the President at the
request of the KPU.

But if the election is to be delayed in one or more provinces,
the decision can made by the KPU based on a proposal from
provincial elections commissions. A delay in the elections in a
regency/municipality, or a number of these jurisdictions, can be
decided upon by the provincial elections commission at the
request of regental/municipal KPUs.

However, Ramlan said the KPU would do its utmost to ensure the
elections would take place simultaneously across the country on
April 5 as scheduled.

Fellow KPU member Valina Singka Subekti concurred, saying the
commission had so far not found any convincing reasons to delay
the polls in particular areas.

She said 22 of the country's 32 provinces had received all the
ballot papers needed for the elections to the House of
Representatives (DPR), Regional Representative Council (DPD),
provincial legislatures (DPRD I) and regental/municipal
legislatures (DPRD II).

The Election Law says polling materials must reach all polling
stations across the country 10 days before polling day, or Friday
March 26 in the case of this year's election.

"We will meet again tomorrow (Friday) to decide whether we
will consult the President and the House regarding the matter.
But we will make every possible effort to hold the elections
simultaneously on April 5," Valina said after a plenary meeting.

Ramlan said several areas in 12 provinces were facing
difficulties in obtaining polling materials. The areas in
question were the Mentawai islands in West Sumatra, the Natuna
and Lingga islands in Riau, Kapuas Hulu regency in West
Kalimantan, Central Kalimantan, Malino in East Kalimantan, the
Sangihe Talaud islands in North Sulawesi, Central Sulawesi,
Southeast Sulawesi, West Southeast Maluku, North Maluku, Kaimana
and Bintuni in West Irian Jaya and Puncak Jaya in Papua.

"The question now is how to deliver the materials from the
regencies to the districts and villages as a number of areas have
transportation difficulties," he said.

The Indonesian Military has deployed aircraft to help the KPU
distribute polling materials in remote areas. The President has
also issued a decree to allow for the use of emergency funds to
assist the KPU.

Separately, constitutional law expert Sri Sumantri said both
the government and the KPU could not postpone the legislative
elections without the approval of the Supreme Court or the
Constitutional Court.

"The Election Law allows for an election postponement in case
of social unrest, natural disasters or other security
disturbances. Is the failure to provide ballot papers and ballot
boxes considered as being social unrest or a natural disaster?"
he asked.

Sumantri suggested that the government seek a ruling from the
Supreme Court as a legal foundation for any postponements.

As a last resort, he said, the President could issue a
government regulation in lieu of law to replace the existing
Election Law. The approval of the Constitutional Court would also
be necessary.

"Otherwise, it would not be constitutional. We must abide by
the law, and never violate it," he told The Jakarta Post.