Bawaslu Regarding The COVID-19 Protocol Rules: We Want Progressive Sanctions, But Stagnate In The Law

JAKARTA - General Election Commission (PKPU) Regulation Number 13 of 2020 which regulates the provisions for the implementation of the 2020 Pilkada during the pandemic, as well as prohibitions and witnesses for those who violate it are officially issued.

Member of the Election Supervisory Agency (Bawaslu), Mochammad Afiffudin, thinks that PKPU 13/2020 is still not firm in imposing sanctions on pilkada participants who violate health protocols.

"There are many things we want to impose progressive sanctions, but then get stuck in the law," Afif said in a webinar discussion, Thursday, September 24.

Afif said, in the preparation of PKPU 13/2020, the KPU could not give strict administrative sanctions such as cancellation (disqualification) as a candidate pair in the 2020 Pilkada.

Because, he said, the preparation of rules in the 2020 Pilkada must still be based on Law Number 10 of 2016 concerning Pilkada, which contains election rules during normal times and not during pandemics.

To change the rules progressively, the government needs to revise Law Number 10 of 2020 or issue government regulations in lieu of laws (perppu). Unfortunately, the government, organizers and the DPR agreed to only revise PKPU.

"Indeed, ideally the perppu replaces it. But, (the perppu was made). So, what can be done in the end, yes, the arrangement is like that," said Afif.

"At least, this has become guidance. Campaign rules that are crowd-friendly are also not possible based on the PKPU that just came out," he continued.

For information, the KPU issued PKPU Number 13 of 2020 as an amendment to PKPU Number 6 of 2020 regarding the implementation of regional elections during a pandemic.

In Article 58 of this PKPU, political parties, candidate pairs, and campaign teams prioritize limited campaign methods provided they are inside the building and limit the number of participants to a maximum of 50 people.

Then Article 63 states that other activities that do not violate the campaign ban and the provisions of laws and regulations are carried out in the form of a campaign through social media and online media.

In addition, there is an affirmation of the prohibition on music concert campaigns and the like in addition to Article 88C in PKPU Number 13 of 2020.

"Political parties, coalitions of political parties, candidate pairs, campaign teams are prohibited from carrying out campaigns for rallies, performing arts, harvesting, music concerts, leisure walks, casual bicycles, competitions, bazaars, blood donations, and political party birthdays. "wrote the PKPU.

The lightest sanction that can be imposed for violators of health protocols in PKPU 13/2020 is a written warning from Bawaslu.

In addition, there are other sanctions in the form of terminating and forcibly dissolving the campaign at the place where the violation occurred if it does not immediately disband within one hour of being warned.

The heaviest sanction is the prohibition of carrying out a campaign method that is violated for 3 days based on the recommendation of the Provincial Bawaslu or Regency / City Bawaslu.