Notes from Five Indonesian KPU Chairmen's Cases

JAKARTA - The Honorary Council for Election Organizers (DKPP) finally fired the Chairman of the General Election Commission (KPU) for the 2022–2027 term, Hasyim Asy'ari, Wednesday (3/7/2024). The DKPP Council read out the decision when holding an ethics violation trial. Previously, a woman member of the Overseas Election Organizing Committee (PPLN) in The Hague region, Netherlands, with the initials CAT, filed a complaint regarding acts of sexual harassment committed by the Chairman of the KPU.

Hasyim is known to have been repeatedly sanctioned by the DKPP for a number of serious violations. This time he couldn't avoid it because it's decided that he is immediately removed from his position. This time, a lecturer in Constitutional Law at Diponegoro University (Undip) Semarang, who is also a lecturer in the Police Science Doctoral Program, Police Science College (STIK) and the Republic of Indonesia Police Education and Training Institute (Lemdiklat Polri), had to resign due to his actions.

Hasyim was recorded as having been sanctioned five times based on complaints from various parties. The first violation was that he was complained about by a prospective member of the North Nias Regency KPU, Linda, for suddenly changing his candidacy as chairman of the North Nias KPU until his inauguration was cancelled. During the DKPP examination, Hasyim was proven to have violated Article 44 Paragraph 1 of the KPU Regulations and DKPP Regulation Number 2 of 2017 concerning the Code of Ethics. Until the DKPP imposed sanctions in the form of a warning on Hasyim.

The second violation was that he was proven wrong in calculating the minimum quota of 30 percent of women for DPR/DPRD member candidates. As a result of the KPU's error in calculating the minimum quota of 30 percent, the Supreme Court decided that the KPU had violated Law Number 7 of 2017 concerning Elections. Due to this wrong decision, the DKPP considered Hasyim to be less competent in leadership, he was deemed to have violated the code of ethics Article 8 paragraph 2 of KPU Regulation 10 of 2023 so that the DKPP imposed sanctions in the form of a strong warning.

The third violation, Hasyim was deemed to have violated the principles of independence, proportionality and professionalism because he met potential election participants. The results of the DKPP examination in question proved that he had taken a personal trip from Jakarta to Yogyakarta with Mischa Hasnaeni Moein alias Golden Woman, who was a candidate for election participation. At that time he was subject to sanctions in the form of a Final Strong Warning

The fourth violation was related to the acceptance of Gibran Rakabuming Raka's candidacy as presidential candidate. Hasyim and six other KPU members were complained to the DKPP for accepting Gibran's registration on October 25 2023 before revising PKPU Number 19 of 2023. DKPP stated that Hasyim was proven to have violated the provisions of Article 15 letter c of the DKPP Regulations concerning the Code of Ethics and Code of Conduct for Election Organizers. For this action, Hasyim, as the first defendant, was subject to sanctions in the form of a final stern warning.

After being repeatedly sanctioned, the former Head of the Regional Coordination Unit (Sat Korwil) Barisan Ansor Serbaguna (Banser), is not introspective. Later, a woman with the initials CAT, a member of the Overseas Election Committee (PPLN) Den Haag, Netherlands, complained. CAT reported Hasyim to DKPP on April 18 2024 on suspicion of violating the code of ethics for election organizers, in the form of approaching, seducing and committing immoral acts. Initially reporting was represented by the Legal Aid Consultation Institute, Faculty of Law, University of Indonesia (LKBH FHUI) and LBH APIK.

According to CAT's lawyer and representative from LKBH FHUI, Aristo Pangaribuan, Hasyim has deceived the complainant with his power relations. They reported that Hasyim had abused his position by using various official facilities and associating himself with power. Hasyim also made promises and manipulated information to seduce victims to fulfill his personal desires.

"This action was carried out against our client, a PPLN member who has an employment relationship with the Chairman of the KPU. In fact, the Chairman of the KPU is legally married," explained Aristo, in front of journalists.

Based on this evidence, the DKPP panel of judges chaired by Heddy Lugito finally stated. "Imposing a permanent sanction of dismissal to defendant Hasyim Asy'ari as chairman and member of the General Election Commission since this decision was read out," said DKPP Council Chairman Heddy Lugito reading the customer ethics decision, Wednesday, July 3 2024.

Based on this decision, DKPP ordered Bawaslu to supervise the implementation of these sanctions, and asked President Jokowi to immediately issue a Presidential Decree regarding the dismissal of Hasyim Asyari as chairman of the KPU.

Apart from this decision, LKBH FHUI and the APIK Foundation as CAT's consultants actually encouraged the defendant to consider taking the case to the criminal field and continued the complaint to Diponegoro University asking the University to ask Hasyim's position as a lecturer at that university to be considered. Aristo as CAT's lawyer stated that he left the decision up to the complainant to consider the encouragement.

If Hasyim Asyari was fired due to immoral acts against a woman. It turns out that Hasyim is not the first KPU chairman whose position had to end midway. Before Hasyim, there were at least four other KPU chairmen who had the same fate, having to step down and be replaced before their term of office ended.

KPU Chairman Who Stumbled Upon A Case

The following are the Chairmen of the KPU who must end their leadership midway before his term of office ends. First, there was Nazaruddin Sjamsuddin, chairman of the KPU in the period 2001 to 2005. The first chairman of the Indonesian KPU in the reform era was replaced by his deputy as a result of being caught in a corruption case on Wednesday 14 December 2005.

Nazarudin was sentenced to 6 years in prison and a fine of IDR 300 million by the corruption court. He was proven to be corrupt in the procurement of personal accident insurance at PT Bumida, causing state financial losses of IDR 5.03 billion. However, in the Judicial Review decision, the sentence was reduced to 4.5 years and a fine of IDR 300 million. As well as replacing IDR 1 billion in state money.

The case also involved three employees, including Susongko Suhardjo who was sentenced to two years and six months in prison, while Hamdani was sentenced to 4 years in prison. Meanwhile, another commissioner, Mulyana W Kusuma, was caught in a case of bribing members of the Financial Audit Agency (BPK). Meanwhile, Rusadi Kantaprawira was named a suspect in a corruption case involving irregularities in the procurement of election ink at the KPU.

Second, Abdul Hafiz Ansari, who served as chairman of the KPU from 2007 to 2012, Abdul Hafiz's term of office had to end in the middle of the road after being accused of falsifying the certification letter for the recapitulation of vote counts in the West Halmahera regional elections in 2009. Even though his case was charged by the Attorney General's Office under Articles 263 and Article 266 of the Criminal Code, there is no continuation of the case.

Third, there was Husni Kamil Manik, chairman of the KPU for the period 2012 to 2016. Husni Kamil's term of office had to end because he died on July 7 2016, due to suffering from an acute infection.

Fourth, Arif Budiman, chairman of the KPU for the period 2017 to 2021, was removed from his position after being proven to have violated the code of ethics and behavioral guidelines for election organizers. Arif was complained to the DKPP Council for accompanying and assisting Evi Novida Ginting Manik, who was dismissed by the DKPP on March 18 2020 to register a lawsuit with the Jakarta PTUN. Arif's excuse was that he was present in the name of a personal sense of humanity.

The many cases of dismissal of KPU Chairmen before their term of office ends raises the question of whether there has been anything wrong with the KPU Commissioner selection process so far. Responding to the many dismissals of KPU Chairmen so far.

Political Process Accused of Being the Root of the Problem

Executive Director of the Center for Political Studies (Puskapol) at the University of Indonesia, Hurriyah, believes that so far there have been things that have not been right in the KPU leadership selection process. According to her, currently the selection process is getting stronger political influence from period to period. The process of determining a candidate's electability is in the DPR through a fit and proper test process.

According to her, the competency test stage which is capacity, knowledge, ability and track record in the form of written tests, interviews, psychological tests and track records at the Selection Committee Team level has gone well because it has been run independently because it involves academics and technocrats.

However, when the process in the DPR goes through a fit and proper test process, there is a process that is political in nature, because it opens up a meeting process and a political lobbying process. "Well, this is where the problem lies, because there is very open space here for female members of the DPR." said Hurriyah. This Political Science Lecturer from FISIP UI, added that here a kind of bargaining appears, to get support from members of the DPR. Sometimes, because of their political nature, candidates are sometimes asked for their abilities to be able to safeguard the interests of DPR members or the interests of their political parties.

This lobbying and political communication process has the potential to disrupt the independence of election organizers. "So here the nature is transactional, so how will the election organizers act independently, if they are regulated by political people," said Hurriyah, when contacted by VOI, Sunday, July 7.

According to Hurriyah, if it is related to the context of the current KPU leadership. The 2021 KPU period is the KPU's most problematic period. Because not only has he violated it once or twice, but he has repeatedly violated it and been subject to sanctions by the DKPP. Evidence of the existence of women DPR member, for example in the case of determining the women's quota, even though it was protested by many parties, until it was sued to the Supreme Court and there was a Supreme Court decision, because the DPR also rejected the decision, the KPU still did not implement it.

To overcome this condition, Hurriyah suggested, if we want to produce election organizers who are independent, professional, and have integrity. According to her, the selection process must be changed. The rules of the game have also been changed. Selection must emphasize independence, prioritizing knowledge, ability, capacity, integrity and track record. A political process through a fit and proper test mechanism. I think it should be removed. "That way we can at least keep election organizers from opening up communication space for political parties," she said

According to her, the case of the dismissal of the chairman of the KPU, Hasyim Asyari, should be a note that must be a lesson learned for future election organizers. Make a lesson for them not to play around with their ethics and integrity.

Second, as an election organizing institution. Even though Hasyim Ashari's case is a case of sexual harassment, there are previous cases which are also a lesson for the KPU to improve itself institutionally, to work consistently in accordance with the Election Law, not to make rules that violate the Election Law and to make new rules that actually set back progress that have been made by the KPU previously.