Allegedly Langgar UU Pilkada, Pencalonan Carol Senduk Di Pilwakot Tomohon Dissorot

DOC VOI

JAKARTA - The nomination of Caroll Senduk in the election of the mayor (Pilwakot) Tomohon, North Sulawesi was highlighted for allegedly violating the Pilkada Law.

Caroll, who has registered with the KPU as an incumbent candidate, is suspected of changing positions without the permission of the Minister of Home Affairs (Mendagri).

"This registration took place even though he was facing an alleged violation of the Pilkada Law which could affect his candidacy," said Satya Wacana Christian University (UKSW) Political Observer Johanes Romeo, Tuesday, September 3.

"Caroll is suspected of having violated Article 71 paragraph (2) of Law No. 10 of 2016 concerning Pilkada which prohibits regional heads, including mayors, from rolling positions within six months before the appointment of a candidate pair, except with written permission from the Minister of Home Affairs (Mendagri)," he continued.

Johanes revealed that this alleged violation arose after Caroll changed officials on March 22, 2024 without obtaining permission from the Minister of Home Affairs. In fact, he said, Minister of Home Affairs Tito Karnavian through letter number 100.2.1.3/1575/SJter dated March 29, 2024 has strengthened the ban and made clear the authority of regional heads related to staffing ahead of the Pilkada.

"However, Caroll Senduk still shows optimism in registering with the KPU to continue participating in this political contestation," said Johanes.

Apart from the Caroll case, Johanes also collected similar information. He said, there were already three regions in North Sulawesi that replaced officials and could have fatal consequences.

According to Johanes, even though the Minister of Home Affairs Tito Karnavian has annulled or canceled the inauguration of officials during the prohibition period, Pilkada organizers are still not allowed to accommodate incumbent candidacy.

"(Because) I got the information. Someone has prepared his son or his wife. His relatives have also replaced him," concluded Johanes.

As is known, regional heads or regional heads who transfer or replace officials ahead of the regional head elections (Pilkada) can be subject to criminal sanctions. This is as regulated in Law Number 10 of 2016 concerning Pilkada.

The KPU has imposed a ban on this mutation for 6 months before the KPU's determination of a candidate pair for regional head.

"Officers who violate the provisions of Article 71 paragraph (2) or Article 162 paragraph (3) shall be sentenced to a minimum imprisonment of 1 (one) month or a maximum of 6 (six) months and/or a fine of at least Rp. 600,000.00 (six hundred thousand rupiah) or a maximum of Rp. 6,000,000.00 (six million rupiah)," reads Article 190 of the Pilkada Law.

Meanwhile, in Article 71 paragraph (2), the Pilkada Law stipulates that regional heads are carried out to replace officials 6 months before the date of determination of candidate pairs until the end of their term of office, unless they get written approval from the minister.

In this case, the minister in question is the Minister of Home Affairs. Meanwhile, Article 162 paragraph (3) it is emphasized that regional heads who wish to transfer or replace officials within that period must obtain written approval from the minister.

Previously, the Indonesian Election Supervisory Agency (Bawaslu) had emphasized that regional heads were prohibited from replacing officials ahead of the 2024 Pilkada, starting March 22, 2024.

"In order to prevent violations and process disputes and ensure the election of Governors and Deputy Governors, Regents and Deputy Regents, as well as the democratic and integrity Mayors and Deputy Mayors of 2024, in order to ensure consistency of legal certainty, as well as an effective and efficient process of holding elections," said Chairman of the Indonesian Bawaslu, Rahmat Bagja in a written statement, Sunday, April 7.

Bawaslu also conveyed this to the Minister of Home Affairs as the party coordinating regional heads, through a letter numbered 438/PM/K1/03/2024 which was copied to the General Election Commission (KPU) RI.

"Bawaslu appealed to the Minister of Home Affairs to ensure that there is no replacement of officials either by the Governor or Deputy Governor, Regent or Deputy Regent, and the Mayor or Deputy Mayor or Acting Governor or Acting Regent / Mayor 6 months before the date of determination of the candidate pair until the end of the term of office, except for written approval from the Minister as of March 22, 2024," explained Bagja.

The KPU will determine the pair of candidates for regional heads on September 22, 2024, as stipulated in KPU Regulation Number 2 of 2024 concerning the Stages and Schedule of the 2024 Pilkada.