JAKARTA Member of the Advisory Council of Needdem, Titi Anggraini assessed that the 'Child of Abah Stabs Tiga Paslon' in the 2024 Jakarta Pilkada cannot be punished if it is not accompanied by threats and money politics or compensation to the community to be involved in the movement.
According to him, the use of the right to vote is the right of every citizen who has the status of a voter.
Moreover, said Titi, the mechanism for choosing in the electoral system in Indonesia is voluntary or voluntary voting, as regulated in the Election Law, Regional Election Law, and Human Rights Law.
However, he continued, the movement not to exercise the right to vote or exercise the right to vote does not comply with the provisions can still be punished.
The crime applies when the movement is accompanied by rewards in the form of money, goods, services, or other materials, or money politics.
In addition, penalties can also be given to those who invite to abstain, not to exercise their right to vote, or to exercise their right to vote illegally, by using intimidation of violence or unlawful means.
In Article 187A of Law Number 10 of 2016 concerning Regional Head Elections, it is stated that anyone who promises or provides money or other materials in exchange to residents to influence voters so that they do not exercise their right to vote can be subject to criminal sanctions.
The crime ranged from 36-72 months and a fine of Rp. 200 million to Rp. 1 billion.
"In this case, we must ensure that using or not using the right to vote is the right and no one should be manipulated to exercise their rights, no one should be forced to use or not use it. Everything must depart from their own will or be free," said Titi, Monday, September 16, 2024.
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He emphasized that if the movement to nominate three pairs of candidates is carried out peacefully, without money politics, intimidation or pressure, and not with the spread of disinformation and hoaxes, then it can be considered as part of freedom of expression.
Therefore, to fight that movement, related parties must do it in a good way.
The election process must run smoothly, the competition must be competitive and healthy, and law enforcement must be effective. If there are voters who decide not to come to the polling station or choose the way they want, then it is the free will of every citizen who has the right to vote," concluded Titi.
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