Violations and Administrative Disputes Completion

in the Local Election: A Case Study of Crossing a Candidate Pair

of JR Saragih-Ance Selian Candidates in 2018 North Sumatra

Election

Tonny P. Situmorang, Anwar Saragih and Ian Pasaribu

Faculty of Social and Political Science,Universitas Sumatera Utara, Medan, Indonesia

Keywords: Administrative Violations, Local Election Disputes, Administrative Completeness.

Abstract: Problems of violations and administrative disputes often occur in every election in Indonesia. This study

examines the case of the crossing of a candidate pair of JR Saragih and Ance Selian by the General Election

Commission (KPU) in the 2018 North Sumatra Pilkada. This study aims to empirically describe the

administrative violations and dispute between candidate pairs in the process of organizing democracy. This

research is a qualitative case study research with data collection techniques through in-depth interviews,

observations and documents related to purposive sampling technique. While data analysis in this study uses

descriptive qualitative methods of data analysis and interactive models, namely interactive model data

analysis, which begins with the process of collecting data, presenting data, and drawing conclusions. From

the results of the study, it was obtained that the determination of the status of the candidate pair of JR

Saragih-Ance Selian by the General Election Commission (KPU) to be ineligible (TMS) had met the

administrative stages. This was based on the election law because JR Saragih did not attach the legalization

of the high school diploma. Furthermore, administrative violations developed into criminal violations

because JR Saragih was proven to attach legalization and fake signatures.

1 PRELIMINARY

Implementation of direct local elections is

substantially understood and constructed to be an

important and inseparable part of the ideals of

reform in the political field related to

decentralization in order to strengthen the guarantee

of people's political sovereignty in the regions.

Empirically, the direct elections that have taken

place since 2005 to date have provided many

important experiences and lessons in the journey of

democracy in Indonesia (Ardiantoro, 2017).

On March 18, 2015, President Jokowi has passed

two laws related to simultaneous local elections,

namely in Law Number 8 of 2015 concerning

Election of Governors, Regents and Mayors

Becoming Laws. While Law No. 9 of 2015

concerning Regional Government (detiknews,

05/26/2015). Since the law was passed, there have

been three (3) times that Indonesia has conducted

simultaneous local elections, namely 2015

simultaneous local elections held in 269 regions,

simultaneous regional elections in 2017 which were

implemented in 101 regions and simultaneous local

elections in 2015 2018 which was held in 171

regions.

The election of the Governor of North Sumatra

must be recognized as one of excellent in 171

regions that will hold the 2018 elections

simultaneously, consisting of 17 provinces, 39 cities,

and 115 districts. Because, in terms of population

the number of voters in the Province of North

Sumatra ranks number 4 in the largest in Indonesia

after West Java, East Java and Central Java. The

uproar that colored the news related to dynamics,

issues and political constellation related to the

election of the Governor of North Sumatra became

an interesting discussion to be discussed by

academics, practitioners, researchers and the public.

Do not miss the hectic discussion related to 2018

Pilgubsu not free from debates on various social

media, such as; Facebook, Twitter, Instagram and

whatsApp groups.

106

Situmorang, T., Saragih, A. and Pasaribu, I.

Violations and Administrative Disputes Completion in the Local Election: A Case Study of Crossing a Candidate Pair of JR Saragih-Ance Selian Candidates in 2018 North Sumatra Election.

DOI: 10.5220/0010012301060111

In Proceedings of the 3rd International Conference on Social and Political Development (ICOSOP 3 2019) - Social Engineering Governance for the People, Technology and Infrastructure in

Revolution Industry 4.0, pages 106-111

ISBN: 978-989-758-472-5

In 2018, there were 3 prospective candidates who

registered with the General Election Commission

(KPU), first, the couple Edy Rahmayadi-Musa

Rajeckshah who was promoted by the parties;

Gerindra, Golkar, PKS, PAN, Nasdem, Hanura (60

seats in the parliament of North Sumatra). Second,

couples Djarot Saiful Hidayat-Sihar Sitorus carried

by the PDI-P and PPP (20 seats) and third, the pair

Jopinus Ramli Saragih-Ance Selian promoted by the

Democratic Party, PKB and PKPI.

However, on February 12 2018, the pair of

prospective JR Saragih-Ance Selian candidates

failed to qualify as candidate pairs because

administrative requirements were declared ineligible

(Simatupang, 2018a). The reason was that JR

Saragih did not attach a photocopy of the high

school diploma that had been legalized by the

authorities. Because JR Saragih's school when he

was attending senior high school at Iklas Prasasti

High School, Central Jakarta was closed in 1994, the

authority to legalize JR Saragih's diploma rested

with the DKI Jakarta Provincial Education Office.

Furthermore, according to the Republic of

Indonesia Election Commission Regulation (PKPU

RI) Number 3 of 2017 concerning the Nomination of

the Election of the Governor and Deputy Governor,

the Regent and Deputy Regent and / or Mayor and

Deputy Mayor Article 4 paragraph 1 Letter c which

states that "the lowest educated school advanced

level or equivalent ".Then corroborated by article 42

paragraph 1 letter P said that the conditions for

candidates for governor/deputy governor are

"photocopies of diplomas / graduation certificates.

which have been legalized by the competent

authority, as proof of fulfillment of candidate

requirements as referred to in Article 4 paragraph

(1) letter p".

After the stipulation of General Election

Commissions, the candidate pair of JR Saragih-Ance

Selian did not meet the requirements. The JR

Saragih-Ance Selian legal team then reported to the

North Sumatra Bawaslu, then the JR Saragih

problem entered the Governor Election Deliberation

Assembly with the applicant JR Saragih-Ance

Selian. This refers to Article 142 b of Law Number 8

Year 2015 which discusses disputes between

Election Contestants and Election organizers as a

result of the issuance of General Election

Commissions.

Where the Bawaslu's task is to compile and

stipulate technical guidelines for resolving election

disputes (Law Number 8 of 2015 Article 22B letter

a) and Bawaslu is also the most authorized

institution to resolve election disputes (Law No.1 /

2015 Article 143 paragraph 1) by deciding on

election disputes no later than 12 (twelve) days from

the date of receipt of the application.

After going through 5 (five) trials, on March 3

2018 the North Sumatra Bawaslu decided to grant

part of the JR Saragih-Ance Selian petition with the

substance of the decision namely the applicant (JR

Saragih) to legalize the photocopy of the high school

diploma owned by the applicant together with the

relevant authorities together with Respondent (North

Sumatra General Election Commissions) and

supervised by North Sumatra Bawaslu then submit it

to the North Sumatra KPU no later than 7 days after

the decision of the Governor Election Deliberation

Assembly as administrative requirements become a

candidate for the Governor of North Sumatra 2018.

However, on March 15, 2018 the North Sumatra

Regional Police (North Sumatra Regional Police)

named JR Saragih as a suspect because of a

suspected forgery case legalizing a diploma and the

signature of the Head of the DKI Jakarta Education

Agency.

This paper will substantially explain empirically

administrative violations and disputes of candidate

pairs of JR Saragih-Ance Selian in Pilgubsu 2018.

Then explain the facts about how ultimately JR

Saragih was determined as a suspect and entered the

criminal realm for violating Law Number 10 of 2016

Article 184 regarding Regional Head Election.

2 METHOD

This paper is a qualitative research with descriptive

research type. The primary data of this study

determined 3 (three) key informants; one from North

Sumatra General Election Commissions, one from

North Sumatra Bawaslu commissioner, and one

lecturer from the Political Science department of the

Universitas Sumatera Utara. Secondary data came

from journals, books and other documents

concerning administrative violations and disputes in

the elections. Collecting research data is also done

through a review of the results of interviews,

journals and reports relating to the focus of research.

3 THEORY PERSPECTIVE

3.1 Law Enforcement Theory

Enforcement of justice is inseparable in the

democratic process. In theory, law enforcement has

Violations and Administrative Disputes Completion in the Local Election: A Case Study of Crossing a Candidate Pair of JR Saragih-Ance

Selian Candidates in 2018 North Sumatra Election

107

3 (three) elements that must be considered, namely

legal certainty (Rechsichercheit), expediency

(Zweckmassigkeit) and Justice (Gerechtigkeit)

(Sumaryono, 2002).

Legal certainty is a definite condition, provisions

or has a legal determination. The law must be

absolutely certain and fair. It must be a code of

conduct and fair because the code of conduct must

support an order that is considered reasonable. Only

because it is fair and implemented with certainty the

law can carry out its functions. Legal certainty is a

question that can only be answered normatively, not

sociologically (Kusumohamidjojo, 2004).

According to Kelsen in Rato (2010), law is a

norm system. Norms are statements that emphasize

the aspect of das sollen (supposedly), by including

some rules about what must be done. Norms are

deliberative human products and actions. Laws that

contain general rules serve as guidelines for

individuals behaving in society, both in relations

with fellow individuals and group relations in

society.

Related to law enforcement in the context of

democracy in particular elections or elections is a

process in an effort to enforce or function of legal

norms as a real guideline for state behavior.

Moreover, looking at election compliance and law

enforcement standards is certainly very important to

ensure fair elections.

Specifically, the legal framework must provide

every voter, candidate and political party with an

opportunity to submit an objection to the General

Election Commissions when violations of electoral

rights occur including administrative disputes. The

law requires the court as a follow-up to provide an

immediate decision to avoid the aggrieved party

losing his electoral rights. The law also provides an

opportunity to file a lawsuit with a higher KPU or

court with the authority to review and make

jurisdictional decisions regarding a dispute or

particular case.

Because legally the election legislation protects

the political process from violations, obstacles, bad

influences, certain interests, fraud, fraud,

intimidation, and all forms of illegal actions, and

corrupt practices.

Non-criminal and criminal sanctions are imposed

for violations by election administrators and law

enforcement. Opportunities to challenge election

results and resolve problems for aggrieved parties

must be provided by law. The process for filing

complaints and reporting violations must be

regulated.

The impact of violations on election results must

also be regulated in law. Any party who raises an

objection, denies the election results or the rights of

other political parties has access to justice and

resolution of the problem for the realization of law

enforcement. (Surbakti, Supriyanto and Santoso,

2011).

3.2 Electoral Integrity Election

Electoral integrity election is the most ideal

condition of a country aspired by many groups in

democracy. Despite efforts to achieve an ideal

democracy and elections with integrity are very

difficult to implement. Specifically, elections in the

context of consolidating democracy require just

conditions (Heywood, 2014).

This means that holding democratic elections

requires elections with integrity. Election organizer

with integrity means that the organizer contains

elements that are honest, transparent, accountable,

careful and accurate in carrying out their duties and

authorities. The integrity of election organizers is

important, because it is an indicator of the election

with integrity. There are several main points in

realizing elections with integrity, namely:

1. Respect the principles of democratic elections.

2. The code of ethics, the integrity of elections also

depends on the ethical behavior of the election

organizers, candidates, parties and all

participants in the election process.

3. Professionalism and accuracy, elections with

integrity are often assumed to originate from

honest election practices.

4. Protection of EMBs. To guarantee an election

with integrity, it is better if the EMB is

independent and independent in carrying out the

electoral process.

5. Supervision and law enforcement. The function

of supervision and the legal framework is for

election administrators and participants to be

responsible for the election process.

6. Transparent and accountable, the transparency of

the organizer in providing information to the

public about all electoral processes is one of the

efforts in realizing elections with integrity

(Nurahwati, 2017).

Meanwhile according to Norris (2017), integrity

of elections needs to be seen from various aspects,

such as legislation, because through elections with

integrity, public trust in various political institutions

will be built. Likewise, aspects of political behavior

are measured by increasing public participation in

elections.

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Community involvement in the administration of

government and able to reduce community protest

activities related to the election results process.

Furthermore, the integrity of elections can facilitate

the strengthening of the quality of political

representation, overcoming conflicts and improving

the political system. Moreover, the integrity of

elections is correlated with regime transitions, the

process of democratization and reform of

bureaucratic institutions which will result in the

future (Norris, 2017).

Not only that the holding of democratic elections

in the context of elections with integrity can be

categorized based on justice with several key

conditions: (1) high integrity; (2) involving many

residents; (3) based on high certainty law; (4)

impartial and fair; (5) professional and independent;

(6) transparent; (7) on time according to plan; (8)

without violence or free from threats and violence;

(9) regularly; (10) election participants accept fair

losing or winning (Fukuoka and Thalang, 2014).

4 DISCUSSION

4.1 Missing Candidates for JR

Saragih-Ance Selian

The elimination of a candidate for the governor of

North Sumatra, Jopinus Ramli Saragih (JR Saragih)

- Ance Selian by General Election Commissions was

one of the unique and interesting issues to be

discussed during the 2018 simultaneous elections.

Because, the pair JR Saragih-Ance Selian was

the only pair of prospective candidates who were

crossed out by the KPU after the support met the

minimum requirements of political party support and

had registered themselves with the KPU of North

Sumatra. The pair of JR Saragih-Ance Selian was

supported by 3 political parties which in total had 20

seats in the North Sumatra Parliamentary, namely

the Democratic Party (13 seats), PKB (3 seats) and

PKPI (3 seats).

Procedure related to simultaneous voting that

was held on June 27, 2018 related to Stages,

Programs and Schedule for the 2018 Regional

Election contained in General Election Commissions

Regulation No. 1 of 2017. Where the registration

process of candidate pairs of candidates promoted by

political parties to North Sumatra General Election

Commissions was carried out on 8 - January 10,

2018. The pair of JR Saragih-Ance Selian entered

the administrative requirements file on January 10,

2018. There were 19 (nineteen) items that must be

completed by the pair of candidates in accordance

with P General Election Commissions Regulated

Number 3 of 2017 concerning the Nomination of the

Election of the Governor and Deputy Governor, the

Regent and Deputy Regent and / or Mayor and

Deputy Mayor. Where is the post date determined by

the General Election Commissions as the

registration deadline.

If there are incomplete files, they can be fulfilled

and completed administratively on January 20, 2018.

This means that the General Election Commissions

has a 10-day deadline for repairs and completes the

administrative documents before being factually

examined before the General Election Commissions

determines the candidate pair. .

Furthermore, the process of determining

candidates was carried out on 12 February 2018. The

North Sumatra General Election Commissions then

determined 2 pairs of candidates who fought in the

2018 Election Governor Election candidate

candidate Edy Rahmayadi-Musa Rajeckshah and

candidate pair Djarot saiful Hidayat-Sihar Sitorus.

Meanwhile, the JR Saragih-Ance Selian pair was

declared Not Eligible (TMS) for not attaching the

legalized diploma.

The team of candidates for JR Saragih-Ance

Selian then reported and sued the North Sumatra

General Election Commissions. Where North

Sumatra General Election Commissions then held a

deliberation session of nominating dispute resolution

(applicant) prospective North Sumatra Governor JR

Saragih was held at the North Sumatra General

Election Commissions.

4.2 Deliberation on Nominating

Dispute Resolution

In accordance with article 143 paragraph (3) b of

Law Number 8 Year 2015 concerning Election

Dispute Settlement through consensus agreement to

reach an agreement. The trial was then carried out

with a request for dispute was JR Saragih on the

decision of the General Election Commissions of

North Sumatra related to the determination of the

candidate pairs of election participants.

This was confirmed by the North Sumatra

election oversight body Aulia Andri who said;

"The process of deliberations on the nomination

dispute resolution process was proposed by JR

Saragih as the petitioner. Where in accordance

with the regulations, the applicant is a candidate

pair who registers or is registered with the

provincial General Election Commissions, which

is a political party or a combination of political

parties supporting the candidate pairs and

Violations and Administrative Disputes Completion in the Local Election: A Case Study of Crossing a Candidate Pair of JR Saragih-Ance

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109

prospective pairs who feel disadvantaged. The JR

Saragih case yesterday was tried 5 (five) times,

where the last hearing was held on February 28,

2018". (Interview 1/8/2018)

Furthermore, the Commissioner of North

Sumatra General Election Commissions, Benget

Silitonga said

"After the deliberation session on the nomination

dispute settlement, the decision was announced on

March 3 2018 with the General Election

Commissions decision canceling the Decision

issued by North Sumatra KPU namely General

Election Commissions Decree No.

07/PL.03.3Kpt/12/Prov/II/ 2018 regarding

determination of the status of Not Qualifying Jr

Saragih-Ance Selian pair and granting some of the

election dispute requests submitted by Jopinus

Ramli (JR) Saragih-Ance Selian status”

(Interview) , 3/8/2018).

Related to the decision granted by Election

Oversight Body related to the applicant, in this case

the prospective JR Saragih-Ance Selian, namely

first, ordered the applicant (JR Saragih) to legalize

the photocopy of the applicant's high school diploma

to the authorized agency. In accordance with

applicable laws and regulations related to the

procedure for legalizing diplomas, together with the

respondent (North Sumatra General Election

Commissions) and overseen by the North Sumatra B

Election Oversight Body.

Second, instructing the applicant to submit a

copy of the high school diploma certificate of the

applicant that has been re-legalized to the respondent

with a special receipt signed by the applicant and the

respondent.

Third, instructing the respondent to carry out the

legalization of the photocopy of the applicant's high

school diploma from the competent agency into the

minutes signed by the applicant, the respondent and

became the basis for the respondent to determine the

status of fulfillment / completeness of the applicant's

educational requirements document in the election

of the governor and deputy governor of 2018

(Simatupang, 2018b).

4.3 Handling JR Saragih

Administrative Violations

Supervision of the electoral process after reform was

instituted the formation of the Election Oversight

Body . Besides there is also supervision of the

electoral process carried out by the public towards

the election monitoring activities. Election watchers

and observers are equally needed for the

implementation of honest and fair elections.

Substantially the differences between election

observers only monitor violations, while election

supervisors have a broader role, namely resolving

violations and election disputes (Simanjuntak,

2017).

According to the Political Science lecturer

Fernanda Putra Adela at the University of North

Sumatra related to the JR Saragih case said;

"In the administrative violations committed by JR

Saragih who in the end named him a suspect by

the North Sumatra Regional Police (North

Sumatra Regional Police). Because JR Saragih

was suspected of faking a diploma and the

signature of the Head of the DKI Jakarta

Provincial Education Office, Sopan Andrianto. By

law the JR Saragih case has entered the criminal

domain because it was determined as a document

forgery when registering to become a candidate for

governor of North Sumatra”. (Interview, 5/8/2018)

It means that JR Saragih violated the Criminal

Code Article 263 paragraph (1) of the Criminal

Code related to falsification of signatures reads as

follows:

"Whoever makes a false letter or falsified a letter,

which can issue something rights, something

agreement (obligation) or something debt relief, or

which may be used as information for something

done, with the intention of use or order others to

use the documents as if they were authentic and

not falsified, so using them can bring about

something to be punished for falsification of the

letter, with a sentence of up to six years in prison".

With regard to violations, obstacles, ill effects ,

certain interests, fraud, cheating, intimidation, and

all forms of illegal action al, and corrupt practices.

Non-criminal and criminal sanctions must be

imposed on the offenders. This provision focuses on

the law of substance or material such as the types of

violations, and sanctions against violations.

The aim to be achieved is law enforcement to

prevent violations or fraud that threaten the integrity

of the election. Every violation must be corrected.

Institutions that differ from their respective

mechanisms can be responsible for upholding that

integrity, which is specifically contained in the legal

framework.

JR Saragih committed an administrative

violation due to falsifying the signature of the

administrative file attached when registering as a

candidate for the Governor of North Sumatra. The

existence of the provisions of election violations in

the electoral law becomes very important because

the motives and opportunities to violate the electoral

law remain a potential threat like the case committed

by JR Saragih.

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Empirically the law enforcement for the JR

Saragih violation case shows the quality of the

democratic process, creating losses for other parties

and the public in general because JR Saragih is

running to become a public official. If the law is not

enforced according to existing laws, bad behavior

during the election process will violate public trust

and illegal actions.

This means that enforcement of strict sanctions

in particular has entered into the realm of crime is

carried out to face the problem. institutions that have

the authority in terms of the mechanism for

resolving these cases should be able to be

responsible for upholding elections with integrity as

mandated by the legislation and legal framework in

Indonesia.

5 CONCLUSION

Settlement of disputes and violations of election

administration is a separate challenge for election

organizers, both Election Oversight Body and

General Election Commissions. Because,

administrative disputes and administrative violations

become one of the legal problems that often arise

from every election organizer's decision regarding

election participants.

This dispute occurs between parties who feel

disadvantaged either political parties or prospective

candidates with the election organizer who issued

the decision.The candidate pair of Governor and

Governor of North Sumatra, JR Saragih-Ance Selian

was dropped from the 2018 Pilgubsu's participation,

which had gone through stages by stage of dispute

resolution, such as a deliberation session on dispute

resolution. On the journey the Integrated Law

Enforcement Team of North Sumatra Regional

Police determined JR Saragih a suspect because it

was proven to falsify the signature of the Head of

the DKI Jakarta Education Office for administrative

purposes registering with the North Sumatra KPU.

However, there is still no certainty about the legal

decision regarding JR Saragih. This is because the

regulation of administrative violations is still very

weak because it is set too general, the types of

administrative violations and types of sanctions are

not regulated, and how the resolution is done. That

is, learning from the JR Saragih case is still a lot of

improvements and arrangements that must be

addressed to deal with violations and the

implementation of elections.This condition becomes

very important to be considered again for the sake of

integrity of law enforcement related to general

elections (elections). That the objective of electoral

regulation with integrity must be carried out

immediately in order to ensure that elections are fair

and fair if weak law enforcement cannot be

overcome to the maximum. This means that it is in

this context that election evaluation is important for

the sake of improving our democratic system, which

of course is accompanied by improvements in

legislation.

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