Hasyim Asy'ari's Black Streak For Indonesian KPU

Photo Illustration (Andry Winarko VOI)

JAKARTA – The implementation of the 2024 Simultaneous Regional Elections is only a matter of months away. Unfortunately, the integrity of the General Election Commission (KPU) as the regional election organizer is facing a test. The Election Organizer Honorary Council (DKPP) dismissed Hasyim Asy’ari as Chairman of the KPU after being proven to have committed immoral acts.

A firm statement was made by the former Coordinating Minister for Political, Legal and Security Affairs (Polhukam), Mahfud MD. Through his personal account on X (formerly Twitter), Mahfud considered that the current KPU ranks were not worthy of being the organizers of the 2024 Simultaneous Pilkada.

"In general, the KPU is now unfit to be the organizer of regional elections which are very important for Indonesia's future," tweeted Mahfud MD.

Constitutional Law Expert, Prof. Mahfud MD (Antara)

According to Mahfud, a reshuffle or replacement of all RI KPU commissioners should be considered in line with the implementation of the 2024 Simultaneous Regional Elections. However, this change does not require postponing the regional elections and canceling the election results which have already been decided or confirmed by the Constitutional Court (MK).

“There is a Constitutional Court verdict no. 80/PUU-IX/2011 which states 'if a KPU commissioner resigns then it must not be rejected or it cannot depend on the condition that the resignation must be accepted by another institution'. This might be a good way if you want to get better," explained Mahfud.

Former KPU commissioner, Hadar Navis Gumay, believes that although it is often considered a personal matter, violations of official ethics are actually a public matter. Moreover, when it comes to the ethics of election organizers, which is closely related to public trust in general elections.

"If the leader has problems, it can really have an impact on the institution," he added.

He revealed that ahead of the 2024 Simultaneous Regional Elections, the KPU has a number of things that need to be addressed after Hasyim's case became a public discussion. All KPU commissioners must now be able to restore the integrity of election management institutions so that the legitimacy of regional elections does not become a public spotlight.

"All organizers from the central to the regional level cannot take behavioral matters lightly, (must) comply with the code of ethics," said Hadar.

Affecting the Image and Credibility of the KPU

PPI Executive Director, Adi Prayitno, added that the case involving Hasyim could worsen public perception of the KPU. This is because the commissioner's integrity has repeatedly been in the spotlight.

He emphasized that this case could trigger an unfavorable situation in society, especially ahead of the 2024 Simultaneous Regional Elections. "However, it would not be good if public perception becomes negative ahead of the simultaneous regional elections," added Adi.

UI Election Law Expert, Titi Anggraini, assessed that the series of violations that resulted in Hasyim's dismissal affected the image and credibility of the KPU as the election organizing institution.

According to her, this series of violations and sanctions against Hasyim also had an impact on the legitimacy of the election results carried out by the KPU. Although, in several cases, cases of violations committed by Hasyim were carried out personally.

"From a legitimacy perspective, it is definitely unavoidable, there will continue to be a link between election products and the integrity of the election organizers. It is inevitable that the election process will be held by election organizers whose members do not have integrity," said Titi.

As is known, apart from Hasyim Asy'ari, the DKPP has given strict warning sanctions to six KPU members for accepting Gibran Rakabuming Raka's registration as a vice presidential candidate (cawapres) in the 2024 presidential election.

The DKPP again imposed strong warning sanctions on Hasyim and KPU Commissioner Mochammad Afifuddin (who is now the Acting Chair of the KPU), for not implementing the Jakarta PTUN's decision to include Irman Gusman's name on the Permanent Candidate List (DCT) for members of the Regional Representative Council (DPD) for the 2024 Election.

Furthermore, DKPP again imposed sanctions in the form of warnings to Hasyim and all KPU members regarding the leak of hundreds of permanent voter data (DPT).

Titi emphasized that the DKPP's decision to fire Hasyim must be a moment for the KPU to immediately improve. Moreover, soon the KPU will be faced with the agenda for the 2024 Simultaneous Regional Elections. "The KPU must immediately improve, must improve its institutional performance, then ensure that the regional election process does not repeat actions that violate the ethics of election organizers which could worsen the KPU's image," he said.

This moment, he said, should also be a warning to KPU members that even though they have strategic authority, they also have limitations, namely regarding law enforcement and ethics.

"When they commit a violation, they may be saved once or twice, but community control and public supervision will always work against them, don't let there be other Hasyim Asy'ari in the implementation of our elections and regional elections," said Titi.

Meanwhile, the Director of Democracy and Electoral Empowerment Partnership (DEEP) Indonesia, Neni Nur Hayati, stated that the DKPP's decision to fire Hasyim Asy'ari could save the reputation and image of the KPU which was getting worse after the 2024 elections.

"(Decision) This is the right moment for election organizers to return to dignity by upholding the ethics of morality and civility," she added.

Illustration of KPU (VOI)

The Completeness of KPU Commissioners Affects 2024 regional elections legitimacy

Acting Chairman of the Indonesian KPU, Mochammad Afifuddin, appreciated and thanked those who provided input and criticism, including Mahfud MD who put the spotlight on his institution after the dismissal of Hasyim Asy'ari.

He considered that Mahfud's statement was an expression of affection for the democratic process running in Indonesia. Therefore, what is of concern to all parties will certainly be the attention of the KPU as well as the election organizer.

Afif emphasized that his party is committed to improving poor performance and maintaining good performance. The criticism leveled at the KPU is a reminder to maintain professionalism and integrity ahead of the 2024 Simultaneous Regional Elections.

"We see it as criticism and also a reminder for all of us to always be professional and maintain the integrity of all our ranks ahead of the regional elections," he said.

Vice President Ma'ruf Amin also hopes that the removal of Hasyim Asy'ari as Chair of the Indonesian KPU due to immoral cases will not affect preparations for the 2024 Simultaneous Regional Elections. "I hope that the institution will not be affected. And later the regional elections can run well," he said.

The Vice President is optimistic that the KPU will continue to work well in the future, especially in holding regional elections throughout Indonesia. Because in its duties, the KPU is collective and collegial so it does not depend on one commissioner.

"The KPU's job is not in the hands of one person, I'm sure the team's job can run well," he added.

KPU Commissioner, Idham Holik emphasized that the implementation of the regional election stages was still according to schedule and was not affected by the dismissal of Hasyim Asy'ari as chairman.

"Regarding the implementation of the regional election stages, they are proceeding as they should. "Indeed, the KPU must complete these stages according to the schedule set by the KPU itself," he said.

The KPU also continues to consolidate with KPUD throughout Indonesia to remain focused on implementing the plans that have been prepared and in accordance with the voting schedule for the November 27 regional elections as stated on the KPU website.

Titi Anggraini explained that the legitimacy of the 2024 Simultaneous Regional Elections would be in the public spotlight if President Joko Widodo did not immediately respond to Hasyim Asy'ari's dismissal by issuing an Interim Replacement Presidential Decree (PAW). This is because the process of implementing the 2024 Pilkada must be handled by the KPU commissioners with a complete number.

Although basically there is no prohibition on the six commissioners electing a definitive KPU chairman early, the ideal condition requires the selection of a definitive KPU chairman when the total number of commissioners is 7 people.

"When the KPU commissioners are complete again with 7 people, then it is necessary to determine who the definitive KPU chairman will be. The chairman of the KPU plays an important role in institutional work, such as issuing KPU Regulations (PKPU) to consolidating the implementation of regional elections. "Even though the Acting Chair of the KPU can carry out the same tasks, this is a matter of institutional legitimacy," concluded Titi.