Legal Threats For Pilkada Paslon That Threaten Health During The Pandemic

President of the Republic of Indonesia Joko Widodo (Photo: Setkab)

JAKARTA - Concerns about the increasing spread of COVID-19 due to the implementation of the 2020 Pilkada stages only came to the mind of President Joko Widodo, after he learned that many prospective pairs of candidates (bapaslon) violated health protocols when registering.

Jokowi, at that time, immediately asked the government and election administrators to tighten the implementation of health protocols in order to prevent the COVID-19 cluster during the 2020 Pilkada.

"I ask the Minister of Home Affairs (Tito Karnavian), matters relating to the Pilkada cluster should be given more rigor. So, the Minister of Home Affairs' assertiveness with Bawaslu will give a stern warning," Jokowi said on Monday, September 7.

On the same day, the Ministry of Home Affairs, the General Election Commission (KPU), and the Election Supervisory Agency (Bawaslu) gathered to formulate the application of sanctions for candidate pairs who violate health protocols.

Because, when the government, KPU, and DPR agreed to continue the 2020 Pilkada stages since June, the formulation of sanctions for violating existing health protocols was still weak.

If you look at Article 11 of KPU Regulation Number 6 of 2020, the witnesses who will be given to pilkada participants are limited to a warning, both to candidate pairs, political parties, and campaign teams who violate health protocols.

Finally, these three institutions issued their respective moves to threaten pilkada participants not to violate health protocols again, especially during the campaign period.

The Special Staff of the Minister of Home Affairs, Kastorius Sinaga, said that the Ministry of Home Affairs would postpone the inauguration period for the winner of the upcoming 9 December 2020 Pilkada for candidates who were proven to have violated the COVID-19 protocol.

"The postponement of the inauguration is proposed to last for a period of 3 to 6 months. This sanction is imposed on candidates who are proven to have repeatedly violated the health protocol of the Pilkada campaign," Kastorius said, Tuesday, September 8.

Meanwhile, the Election Supervisory Agency (Bawaslu) carries out an administrative witness in the form of a written warning to candidate pairs who violate health protocols. This has been done by Bawaslu to 260 Bapaslon who violated the protocol when registering last September 4 to 6.

Then, Bawaslu also opens up potential sanctions in the form of criminal threats. However, Bawaslu will first conduct a study of each violation committed by the 2020 Pilkada bapaslon to find elements of more serious violations.

The study is based on Law Number 4 of 1984 concerning Infectious Disease Outbreaks and Law Number 6 of 2018 concerning Health Quarantine which has a criminal effect.

"Bawaslu will carry out tracing and clarification. If the results of the clarification are found to be elements of a violation, then Bawaslu will forward the allegation to the police for action," said Bawaslu Member of the Republic of Indonesia Fritz Edward Siregar.

Meanwhile, KPU Commissioner Hasyim Asyari said that his party plans to make a declaration that contains a commitment for pilkada participants to continue to apply health protocols during the election stages.

"It is possible that the declaration will be made during the draw for the candidate pair number, because there all candidate pairs are invited. Later a joint commitment will be made in carrying out or implementing the regional election in a democratic manner and also according to the COVID-19 protocol," explained Hasyim.