Political Parties Taking Names Are Evidence That the Party Lacks Members

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2 years ago

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Profitability of Non-Party Names in the Political Party Information System

The Background

The stages of registration and verification of political parties for candidates for the 2024 Election Contestants enter a new phase. Problems regarding administrative requirements related to political party membership have led to allegations of profiteering of names and/or population identification numbers (NIK).

Bawaslu recorded at least 121 public reports claiming that their names and NIK were used by political parties to be included in the Political Party Information System (Sipol) as displayed on the https://infopemilu.kpu.go.id/Pemilu/Cari_nik page. The names were obtained from reports submitted through the community complaint post.

In addition, there are 282 election supervisors whose names are listed in Sipol as members or administrators of political parties. Other related information, the KPU said that there were 98 election organizers in provinces and districts/cities who were suspected of being used by political parties.

Profiteering from a criminal perspective is a complaint offense. So, everyone personally who feels his name has been used and is harmed as a result of this act. So, that person can file a complaint with the authorities about the alleged profiteering. However, profiteering in matters of political parties participating in the election has another dimension.

Everyone whose name or NIK is quoted must contact the relevant political party. Then, it was the political parties that corrected the membership list in Sipol. Meanwhile, the KPU is the owner of the power that can clean up non-party data in Sipol.

From the administrative perspective of political parties, do political parties really not have a number of members? If not for the lack of members, then what is the reason? Is there a legal route that can solve the problem of alleged profiteering of names and/or NIK besides revising the data of political parties in Sipol.

If the solution for retrieving names and/or NIK is only focused on correcting data at Sipol. Are there any legal consequences that will be received by political parties due to the incompatibility of the number of members as a requirement for candidates to participate in the election?

therefore, Bawaslu held a public discussion that sought to unravel the potential problems resulting from profiteering of non-party names and/or NIKs in Sipol.

Rules Related to Profitability of Name

1. Article 378 of the Criminal Code (“KUHP”), which explains as follows:

“Anyone with the intention of unlawfully benefiting himself or another person, by using a false name or false dignity, by deceit, or a series of lies, moves other people to incite others to hand over something to him or to give debts or write off debts, are punishable by fraud with a maximum imprisonment of four years.”

2. Article 263 of the Criminal Code which reads in full as follows:

1) Whoever makes incorrectly or falsifies a letter which can give rise to a right, engagement or debt relief, or which is intended as evidence of a thing, with the intention of using or ordering another person use the letter as if its contents were true and not falsified, threatened, if such use could cause harm, for falsification of the letter with a maximum imprisonment of six years. 2) Threatened with the same punishment whoever deliberately uses a letter whose contents are not true or which is falsified, as if it were true and not falsified, if the use of the letter can cause harm.

3. Article 28 paragraph (1) of the ITE Law reads as follows:

Everyone intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions. The criminal sanctions for violating Article 28 paragraph (1) of the ITE Law are regulated in Article 45A paragraph (1) of Law 19/2016, namely: Anyone who intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions as referred to in Article 28 paragraph (1). in Article 28 paragraph (1) shall be sentenced to a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).

Purpose and objectives

1) Meaning

- To unravel the problems of alleged profiteering of non-party names and/or NIKs in Sipol.

- To discuss legal and administrative consequences related to alleged profiteering of names and/or non-party NIK in Sipol.

2) Purpose

- To find out the root cause of the alleged profiteering of non-party names and/or NIK in Sipol.

- To inform the technical community of the restoration of good name regarding the alleged profiteering of names and/or non-party NIK in Sipol.

Output and Outcome

a. Output

1) The public knows the procedure for reporting allegations of profiteering of names and/or non-party NIKs at Sipol;

2) The public gets information on the process of correcting non-party names and/or NIKs at Sipol

b. Results

1) Elimination of non-party names and/or NIK in Sipol

2) Awareness of political parties not to repeat the act of profiteering for the registration requirements of political parties participating in the election

3) The public is more aware of the NIK and the dangers of profiteering non-party names in civil society.