The List of 51 Incumbent Candidates Rules Violators

JAKARTA - The Ministry of Home Affairs (Kemendagri) reprimanded 51 regional heads who became incumbent candidates in the 2020 Pilkada for violating regulations during the election stage.

The Director-General of Regional Autonomy (Otda) of the Ministry of Home Affairs, Akmal Malik, said that the warning was given to 1 governor and 50 regents, deputy regents, mayors, and deputy mayors.

"The Ministry of Home Affairs has now delivered 51 warnings to 1 governor and 50 mayor regents per day," said Akmal at the Ministry of Home Affairs office, Monday, September 7.

Akmal said that some regional heads violated the health protocols. Such as creating crowds, problems with the distribution of social assistance, and violating the code of ethics.

Akmal said, the number of incumbent candidates who violated the election rules would continue to increase, along with the continuation of the stages of regional head elections.

"The probability will increase according to the evidence we find," he said.

The following is a list of the incumbent candidates for Pilkada 2020 who violate election-related regulations.

1. Breaking Health Protocols

 - Regent of West Muna

 - Regent Muna Laode

 - Regent of Wakatobi

 - Deputy Regent of North Luwu

 - Regent of South Konawe

 - Regent of Karawang

 - Regent of North Halmahera

 - Deputy Regent of North Halmahera

 - Regent of West Halmahera

 - Deputy Regent of West Halmahera

 - Mayor of Tidore Islands

 - Regent of Belu

 - Deputy Regent of Belu

 - Regent of East Luwu

 - Deputy Regent of East Luwu

 - Deputy Regent of Maros

 - Deputy Regent of Bulukumba

 - Regent of Majene

 - Deputy Regent of Majene

 - Regent of Mamuju

 - Deputy Regent of Mamuju

 - Deputy Mayor of Bitung

 - Regent of East Kolaka

 - Regent of North Buton

 - Regent of North Konawe

 - Mayor of Banjarmasin

 - Deputy Regent of Blora

 - Deputy Regent of Demak

 - Regent of Serang

 - Deputy Mayor of Cilegon

 - Regent of Jember

 - Regent of Mojokerto

 - Deputy Regent of Sumenep

 - Deputy Mayor of Medan

 - Mayor of Tanjung Balai

 - Regent of Labuhan Batu

 - West Coast Regent

 - Deputy Regent of Rokan Hilir

 - Regent of Rokan Hulu

 - Deputy Regent of Kuantan Sengingi

 - Regent of Dharmasraya

 - Deputy Regent of Musi Rawas

 - Regent Ogan Ilir

 - Regent of Ogan Komering Ulu Selatan

 - Deputy Regent of Ogan Komering Ulu Selatan

 - Regent of Musi Rawas Utara

 - Deputy Regent of North Musi Rawas

 - Regent of Karimun

 - Deputy Regent of Karimun

 - Regent of Kapahiang

 - Regent of South Bengkulu

 - Governor of Bengkulu

2. Violating the Distribution of Social Assistance

 - Acting Regent of Cianjur

3. The Code of Ethics Violation

 - Regent of Klaten

2020 Pilkada Regulations

To provide legal certainty regarding the implementation of health protocols in the 2020 Pilkada, the government has issued a General Election Commission (KPU) Regulation Number 6 of 2020 or PKPU No. 6/2020. The regulation contains rules for health protocols implementation at each stage of the Pilkada.

KPU commissioner, Hasyim Asy'ari, in a webinar 'Guarding the Legal Instruments for the Implementation of Simultaneous Regional Elections 2020 amid the COVID-19 Pandemic' by the Denpasar City KPU, Saturday, August 15, said that the existence of these regulations is good to maintain legal certainty. It can ensure that all levels of the KPU to the regional level implement and carry out the health protocol for preventing COVID-19 during the implementation of the 2020 Pilkada stages.

The KPU has also prepared a simulation of the voting process to counting votes at polling stations by implementing the COVID-19 prevention health protocol that involves the COVID-19 Handling Task Force. In its application, the KPU must prioritize the use of digital media in socialization or campaigns. Besides, the KPU also limits face-to-face socialization participants and limits the number of crowds who accompany the registration process for candidate pilkada participants to the KPU.

In line with Hasyim, a member of the Election Supervisory Agency (Bawaslu), Rahmat Bagja, said that the KPU and its staff, together with Bawaslu became agents of socialization for the application of health protocols in the community.  According to him, this cooperation was a breakthrough in dealing with the pandemic in Indonesia.

"The sub-district panwas also have to remember to implement health protocols when conducting surveillance," said Bagja in the webinar.

Apart from the organizers, political parties, and prospective candidates are also required to apply health protocols. One of its applications is the submission of registration documents for candidate pairs of Pilkada candidates as regulated by Article 49 Paragraph (1) PKPU 6/2020.

The regulation stipulates that the documents must be wrapped in a waterproof material. Then, before the officer accepts the document, it will be sprayed first with a disinfectant liquid.

Under the regulation, document receiving officers should wear personal protective equipment, such as masks and disposable gloves. Other rules: limit the number of people in the room; crowd-making is prohibited;  submission of documents must be spaced and queued; all parties brought their respective stationery; avoiding physical contact; provision of adequate sanitation facilities; and the room where the activities are kept clean.

Apart from the registration process, the campaign and voting will also be different from normal conditions. In the campaign process, the health protocol rules are listed in Articles 57-64.

Candidate pairs must limit themselves to meeting the general public as much as possible. Public discussion must be held in broadcasting studios. Supporters are not allowed to attend these events.

Meanwhile, some stages that will potentially gather crowds must be minimized. For example, during logistics procurement (19 July-1 November 2020), production and distribution of logistics (24 September-8 December 2020), the campaign period (26 September-5 December 2020), and voting (9 December 2020).

To realize this regulation, the government has added a budget for the 2020 Pilkada. Based on data from the Ministry of Home Affairs (Kemendagri) at the end of last August, the total regional election budget was IDR 15.22 trillion.  Meanwhile, the amount disbursed by the regional government was IDR 12.01 trillion or 92.05 percent. So there is still 7.95 percent or IDR 1.21 trillion that has not been disbursed.

This amount includes an additional budget as a cost to anticipate the spread of COVID-19. For the General Election Commission (KPU), the additional budget is IDR 4.7 trillion, Bawaslu IDR 478 billion, and the Honorary Board of Election Administrators (DKPP) IDR 39 billion, supported by the State Revenue and Expenditure Budget (APBN).