BPN reports KPU and survey agencies’ administrative violations: Bawaslu to follow up

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Director of Law and Advocacy Sufmi Dasco Ahmad (left) reports the KPU and survey agencies to Bawaslu for administrative violations on Friday (03/05/2019). (photo: Prive. Doc)

IO, Jakarta – The Committee to Elect Prabowo-Sandi (Badan Pemenangan Nasional Prabowo-Sandi – “BPN Prabowo-Sandi”) has reported the Elections Commission (Komisi Pemilihan Umum – “KPU”) and quick count agencies to the Elections Monitoring Agency (Badan Pengawas Pemilihan Umum – “Bawaslu”) for administrative violations. “Today we are reporting the violations perpetrated by all survey agencies who performed quick counts on 17 April. We are also reporting KPU for a complaint of administrative violations,” said BPN’s Director of Law and Advocacy Sufmi Dasco Ahmad at Bawaslu’s Office, Jl. M. H. Thamrin, Central Jakarta, on Friday (03/05/2019).

He stated that he has sent a letter on 18 April 2019, which KPU responded to on 25 April 2019, that the authority concerning suspicions of violations performed by survey agency is in Bawaslu’s jurisdiction. “When Bawaslu decided that KPU can establish an ethical agency or council that will investigate the suspicion of violation by survey agencies, in response we made our report today, and we bring in evidence, including quick count and real count from the Bengkulu area,” he said.

Dasco also regrets the fact that KPU-accredited survey agencies made so many mistakes, for example the fact that quick count and real count in Bengkulu are different is proof of that. Therefore, he submitted a report to Bawaslu “We stated that there are violations, because we have proven that the quick count results from these agencies are misleading,” he said.

Despite having many evidences of administrative violations, Dasco reiterates that BPN Prabowo-Sandi will only use formal and legal judicial processes to resolve the things that they found to be misaligned. “We will pursue constitutional routes as far as possible. Therefore, if anyone says that we are not being constitutional, they will see that from today, yesterday, and before we have, and in the future we will, take the constitutional route according to procedure. If we find anything that is misaligned or improper, we will report it through the proper channels,” he said.

On the previous day, Dasco has also reported KPU to Bawaslu for fraud in KPU’s Voting Count Information System (Sistem Informasi Penghitungan Suara – “Situng”) KPU that may reduce the people’s trust in democracy. BPN’s Volunteer IT team has obtained proof of 13,031 data entry errors in Situng KPU in 19-29 April 2019. In response to his report, Bawaslu decided to continue with the processing of the case of suspected fraud relating to Situng KPU. Bawaslu will investigate both KPU and BPN Prabowo Subianto-Sandiaga Uno on Tuesday (07/05/2019).

“We have decided and we are stating that the Petitioner’s reports are accepted and followed up by a hearing,” said Bawaslu Chairman Abhan in the pre-hearing held in Bawaslu’s Office, Thamrin, Central Jakarta, on Monday (06/05/2019). Bawaslu is continuing the hearing on the report of suspicion of electoral fraud submitted by BPN Prabowo Subianto-Sandiaga Uno, as it has deemed that the initial report submitted by BPN satisfies both formal and material requirements.

The initial hearing was attended by the Petitioner (BPN’s Team), represented by the legal office of Maulana Bungaran and Puspita Sari. KPU as the reported person was represented by Ahmad Wildan Sukoya and Andi Prasetya. Bawaslu Chairman Abhan as the head of the Court stated in the pre-hearing for the report of suspected administrative violations in the Situng KPU, Bawaslu decided that BPN Prabowo-Sandi has satisfied formal and material requirements. When he started the hearing, Abhan described Bawaslu’s authority as expressed in Bawaslu Regulation No. 8 of 2018.

In the hearing, Bawaslu Commissioner Ratna Dewi Pettalolo read out Report Number 007/LP/PP/ADM/RI/00.00/V/2019 concerning the suspicion of electoral administration in relation with Situng KPU. After having reviewed the Teport, Bawaslu stated that the Report submitted by the Petitioner satisfies all requirements. “Bawaslu concluded that the Report satisfied all formal and material requirements; therefore, we will follow up on the report of suspected administrative violations with a hearing,” she said.

Bawaslu Commissioner Rahmat Bagja continued the proceeding by reading out the Second Report 008/LP/PP/ADM/RI/00.00/V/2019 concerning suspicion of electoral administrative violations in the quick count. “The incident was reported by the Petitioner to Bawaslu on 26 April 2019, while the complete written Report was submitted on 3 May of the same year. Therefore, the submission is still within the frame stipulated by laws,” he said. “Furthermore, the Report has satisfied all formal and material requirements as per Law No. 7 of 2017 concerning the Elections, Bawaslu Regulation No. 8 of 2018 concerning the Resolution to Electoral Administrative Violations,” he said.

Earlier, BPN reported the Reported Parties on 24 April 2019. The Report was followed up by a written Report submitted to Bawaslu on 2 May 2019, which was updated on 6 May 2019.

On the other hand, BPN Prabowo-Sandiaga’s legal counsel Maulana Bungaran stated that the current Situng KPU has exceeded its authority in summarizing the vote count. “KPU is only obliged to scan and upload C1 Form scans. Therefore, it is an administrative violation,” he said.

KPU Commissioner Ilham Saputra stated that KPU has prepared strong evidence in the adjudication of the Situng KPU for Bawaslu. “We have prepared strong evidence. Electoral experts agree that the Situng is quite accurate. Situng helps us to be transparent to the people, so that they can correct the uploaded results of the voting count,” Ilham said in Jakarta on Tuesday (07/05/2019).

Ilham Saputra stated that the data has been submitted to the Team created for the Bawaslu hearing. “Let’s just prove things in Bawaslu – are these 73,000 errors contained in the C1 Forms? Errors can be corrected in District Voting Summary and filled in to the DA1 form. Yes, there are errors, but errors involving C1 can be corrected in the District count,” Ilham said.

However, KPU still did not choose to appear until the hearing starts on Tuesday (07/05/2019) at 14.00 WIB. Therefore, Bawaslu Chairman Abhan stated that the hearing with the agenda of hearing out the testimony of Respondent KPU would be delayed until Wednesday (08/05/2019) at 13.00 WIB. “Perhaps because we still cannot make it today, we will grant one more chance. If the Respondent does not respond to our summons, we would consider that they have exercised their rights already, and we will continue with the hearing,” Abhan said in the hearing at Bawaslu Office, Central Jakarta, on Tuesday. “The agenda for tomorrow’s hearing is to hear out the statement of Respondent KPU, and the Petitioner’s statement. If they are ready, we will also hear the witnesses’ testimonies. We will delay until tomorrow at 13.00 WIB.” (D. Ramdani)