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Electoral justice is an important instrument for the legitimacy and credibility of elections

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Written by   330
1 month ago

Election Supervisory Body - Election quality is reflected in, among other things, the Legitimacy and Credibility of Elections. An election process is said to be democratic when in its implementation it has put the meaning of electoral justice as the main spirit in organizing elections.

Puadi stated that if the process of upholding election justice is carried out consistently and responsibly, then the implementation of a democratic election with integrity can be realized and foster public confidence in the quality of the election itself.

In order to realize an election justice, the policy direction for handling violations in Bawaslu, in the future, must be guided by the principle of restorative justice. "In the process of handling violations, which leads to the principle of recovery," said Puadi.

According to this former member of the DKI Jakarta Provincial Election Supervisory Body, realizing election justice itself is an inherent part of the existence of the Election Supervisory Body. The implementation of the election supervisory and law enforcement functions that are played by the Election Supervisory Body is nothing but part of the efforts of the Election Supervisory Body to ensure the realization of election justice in an election process to build rehabilitation and fostering and restoration can build the realization of justice.

Furthermore, Puadi emphasized that the Election Oversight Body has the duty and authority to prevent various irregularities in the election process, provide a mechanism for public complaints, and provide a fair and transparent mechanism for resolving violations and disputes. Even within certain limits provide appropriate penalties for violators who cause disruption of the election process.

Puadi further explained that in realizing the various targets above, Bawaslu is currently improving the quality of its Human Resources and improving regulations (Election Supervisory Body Regulations) through evaluation of several Election Supervisory Body Regulations.

There are three Perbawaslu that are currently in the process of adjustment and evaluation, namely Perbawaslu on findings and reports, Perbawaslu on handling administrative violations and the Election Supervisory Body Regulation on integrated law enforcement centers (Gakkumdu).

The Coordinator of the Division for Handling Violations, Data, and Information of the Election Supervisory Agency Puadi, also said that he would evaluate several Election Supervisory Body regulations related to handling violations. There are three Election Supervisory Body Regulations that are continuously evaluated, namely Election Supervisory Body Regulation Number 7 of 2018 concerning findings and reports on handling election violations, Election Supervisory Body Regulation Number 8 of 2018 concerning settlement of election administration violations, and Election Supervisory Body Regulation Number 31 of 2018. 2018 concerning an integrated law enforcement center.

"Before it is harmonized, we will conduct a public test first, then the harmonization will be promulgated," said the man who has served as election supervisor since 2012.

"My message is, the most important thing is to build strong consolidation, coordination between the Election Supervisory Body and the General Elections Commission so that cases that have occurred in the past, such as differences in interpretation of the convicts in Boven Digoel, can be minimized," added Puadi.

The Coordinator of the Division for Handling Violations, Data and Information of the Puadi Election Supervisory Agency, said that the independence of the Election Supervisory Body in handling violations is very important so that there is a basic guideline. "So we have to stand up straight, so in that principle (independence) Bawaslu is not under the influence or in relation to parties interfering with the influence of members of the Election Supervisory Body to do or not do something," he said.

Puadi said that what often happens in the field is that there are differences of opinion between the Election Supervisory Body, the Police, and the Prosecutor's Office. According to him, this difference has an impact on not passing on the findings/reports to the level of investigation. He is of the opinion that if it refers to the principle of independence, the decision on whether or not findings or reports can be forwarded to the level of investigation becomes one area or can also become the authority of the Election Supervisory Body, not be decided together.

"In the future, the role of the police and prosecutors should only be coordinating in giving suggestions and input, then Bawaslu in processing the study. This must be sharpened so that which ones are the areas of the Election Supervisory Body, which are the areas of the police and which are the jurisdictions of the prosecutors themselves," explained the former member. The DKI Jakarta Election Supervisory Body.

The second issue, related to restorative justice, Puadi wants a criminal sanction approach in tackling election violations should be used as a last step. Instead of imposing criminal sanctions he agreed to prioritize recovery.

"I always say that certain actions must continue to prioritize criminal sanctions such as money politics or manipulation of the vote. But other approaches as long as they can be solved by matters such as administrative or ethical violations, why not, so that later we can sort out which is restorative," he explained.

"Is it true that a KPPS member who does not announce the provisional voter list (DPS) then we have to punish? As long as it can be brought to administration or ethics, why not," added Puadi.

He emphasized that the two crucial issues above are a record of handling violations in the future. Puadi hopes that the revisions to the Regulation of the Election Supervisory Body regarding the integrated law enforcement center can serve as a sharpener and a grand design for the policy direction for handling violations in the future.

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