p-ISSN: 2723-660 e-ISSN: 2745-5254

Vol. 5, No. 11 November 2024 http://jist.publikasiindonesia.id/

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5529

Repeat Voting in the 2018 Cirebon Mayoral Election:

Examining the Contributing Factors and the Professionalism

of Cirebon's Electoral Commission (KPU)

Dian Fitriyani

, Nur Hidayat Sardini

, Dewi Erowati

Universitas Diponegoro, Indonesia

Email: [email protected]

[email protected]

*Correspondence

ABSTRACT

Keywords: Repeat Voting;

Cirebon Mayoral Election;

Electoral Commission

Professionalism

Elections are essential democratic processes that require integrity,

professionalism, and adherence to electoral laws. However, the 2018

Cirebon Mayoral Election faced allegations of electoral malpractice,

leading to a re-voting order by the Constitutional Court. This research

analyzes the Re-voting events in the 2018 Cirebon Mayor and Deputy

Mayor Elections. There were allegations of fraud committed by

election organizers in Cirebon raised by the Bamunas Setiawan and

Effendi Edo candidate pairs. However, the existence was denied by

the Cirebon City KPU at the case title of the dispute hearing on the

results of Pilwakot Cirebon 2018 at the Constitutional Court of the

Republic of Indonesia. This research focuses on analyzing qualitative

studies with a case study strategy. Data obtained through literature

study. This phenomenon is pure negligence in electoral governance

by the KPU, which disrupts professionalism in the institution.

Introduction

General elections in Indonesia are a long procession of political contestation, a

form of democratic party to regenerate leaders. Elections are an extension of direct

democracy in Indonesia that must be upheld because a good democratic climate can be

seen through a good election procession in a country (Ahmad, 2018).

The idea of thought by Laswell (1985) states that politics is who gets what, how,

and when. (Sardini (2021) and Fitriyani et al. (2024) describe elections as an activity of

who chooses whom, in what way, and when is it held. Become an adoption of the study

of organizing elections in Indonesia. Of course, this idea must be studied in the world of

politics, government, law, and democracy in order to be realized as well as possible.

The idea of who chooses whom, in what way, and when is held under certain

conditions utilized in a reverse position (vice versa) or in conditions that benefit some

parties. This will increase the challenges and threats of holding elections as transactional

activities between organizers and election participants.

Furthermore, to overcome this, at least seven (7) criteria must be upheld to realize

democratic elections. Kurniawan (2019) explains as follows: the existence of equality

between citizens; there is a guarantee of legal certainty based on the principle of elections

(LUBERJURDIL); there is free, fair, and healthy competition between election

Dian Fitriyani, Nur Hidayat Sardini, Dewi Erowati

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5530

contestants; participants from stakeholders who are neutral and clean from corruption and

abuse of power in the electoral stages; election organizers who are professional,

independent, and impartial; the integrity of the election process from the stages of voting,

counting, tabulation, and reporting; and finally, fair and timely resolution of election

disputes.

Elections have rules and regulations (rules of the game) that are binding and must

be obeyed by all parties, both organizers, participants, and the community. Elections

cannot be held without rules/regulations. Regulation is not only important but absolute in

elections. Elections are identified with rules, procedures, and standards. Election

regulations regulate all aspects, such as preparing voter lists, polling stations (TPS),

voting, and voting counting. This legal framework can also establish procedures and

mechanisms for handling complaints and disputes arising from code of conduct

violations.

The culmination of the long process of democratic elections is at the stage of

voting, counting, tabulating, and reporting. If supported by professional, independent, and

impartial election organizers, the culmination of this process will form good electoral

governance in Indonesia. In addition, the voting agenda for reporting by the organizers is

the spearhead of Indonesia's political conditions.

However, in the reverse position (vice versa), the voting, counting, tabulation, and

reporting stages of the election are utilized with actions that lack integrity and do not

reflect the organization of elections in Indonesia that is professional, independent, and

impartial. One of these phenomena occurred in 2018 in the city of Cirebon.

The phenomenon of Cirebon Mayor and Deputy Mayor Election in 2018 was won

by candidate number two (2) Nasrudin Azis and Eti Herawati through the Cirebon City

General Election Commission Decree Number 100/PL.03.6-Kpt/3274/KPU-

Kot/VII/2018. Chronologically, the existence of the decision was rejected by candidate

number one (1) Bamunas Setiawan and Effendi Edo. According to Paul on Bamunas-Edo

(OKE) and the team, the decision is legally flawed and arises from the negligence of

electoral governance by the Cirebon City General Election Commission.

This prompted the Bamunas-Edo candidate to file a lawsuit at the Constitutional

Court. Bamunas-Edo's legal team made at least two arguments that made the decision

unacceptable. First, there was a difference in votes during the counting, tabulation, and

reporting process. Second, there was a malprocedure in the form of improper opening of

ballot boxes at 24 polling stations spread across four (4) sub-districts and six (6) villages

in Cirebon.

The votes based on the KPU results differed from the manual count conducted by

the Bamunas-Edo (EKO) candidate team. The data can be presented as follows:

Table 1. Comparison of the Original Count Results of the Cirebon City KPU with the

Manual Count Results of the Bamunas-Edo Paslon Team at the 2018 Cirebon

Pilwakot

Repeat Voting in the 2018 Cirebon Mayoral Election: Examining the Contributing Factors and the

Professionalism of Cirebon's Electoral Commission (KPU)

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5531

No.

Name of

Candidates

for Mayor

and Deputy

Mayor

Vote

Acquisition

Revoke Vote

Acquisition

Problematic

Boxes

Inflation

and

Reduction

Proper

Acquisition

of Sura

(1)

(2)

(3)

(4)

Bamunas

Setiawan

Boediman

and Effendi

Edo

78.511

(-) 1.875

(+) 1.021

77.657

Nashrudin

Azis and Eti

Herawati

80.496

(-) 2.640

(+) 221

77.635

Source; Constitutional Court of Indonesia Number 8/PHP.KOT-XVI/2018 (2018)

The table states the results of the vote acquisition by the two pairs of candidates

determined by the KPU through the Decree of the Cirebon City General Election

Commission Number 100/PL.03.6-Kpt/3274/KPU-Kot/VII/2018. The decision states that

the Bamunas-Edo candidate pair has 78,511 votes, and the Nashrudin-Eti candidate pair

has 80,496 votes. The calculation through the decree differs from the results of the manual

count by the Bamunas-Edo candidate team, with the vote acquisition of candidate number

one at 77,657 votes and candidate number two at 77,635.

More profoundly, in their lawsuit at the Constitutional Court, they stated that the

Bamunas-Edo candidate team suspected the problem of vote difference to be closely

related to the mal procedure of opening ballot boxes at 24 polling stations in Cirebon

City. Chronologically, the evidence written by the number one candidate team in the

Constitutional Court's decision explained the incident of transporting ballot boxes from

24 polling stations to the village hall, which was not by the SOP, and the unloading was

carried out at night. The incident occurred after voting on June 27, 2018, on the pretext

that there was alleged manipulation carried out by election organizers, which caused a

reduction in the number one candidate pair's votes before being taken and recapitulated

to the PPK at the sub-district level. (Artadi & Sanusi, 2021).

These two issues became a lawsuit over the dispute over the results of the 2018

Cirebon Mayor and Deputy Mayor Election between the Bamunas Setiawan Boediman-

Effendi Edo candidate pair and the Cirebon City General Election Commission. With the

lawsuit, the decision of the Indonesian Constitutional Court Number 8/PHP.KOT-

XVI/2018 was issued based on case evidence fulfilled by the applicant. The

Constitutional Court's decision resulted in a binding legal ruling for the Cirebon City KPU

to conduct a re-vote election at 24 polling stations that indicated mal procedure by the

Cirebon KPU.

Re-voting (PSU) is a phenomenon that rarely occurs in Indonesia. The reason is

that with good elections, according to the election law in Indonesia and the spirit of

democracy, PSU should be avoided. PSU, by the provisions of Article 372 paragraphs

(1) and (2) of Law Number 7 Year 2017, can occur if there is a natural disaster and / or a

riot that results in the voting results not being used or the vote count not being carried out.

The phenomenon of PSU in Pilwalkot Cirebon 2018, which was motivated by

riots that resulted in votes that could not be used or vote counting could not be carried

out, became a phenomenon of Ungovernability in government institutions.

Dian Fitriyani, Nur Hidayat Sardini, Dewi Erowati

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5532

Ungovernability, or what is known as a form of incapacity to govern, can occur in

government agencies or bodies. Ungovernability occurs because the institution and or

government cannot handle the diversity of problems demanded by the community.

Berger's (1979) case study of ungovernability and crisis in the United Kingdom

and the United States has at least (3) influencing factors. These factors include First, an

overloaded governance system caused by conflicting societal needs can paralyze the state;

Second, there is over-governing, which is it ease for the state to intervene in specific

problems (thus creating new problems); and Third, incompatibility, which is an

inappropriate state presence to address the diverse demands of a politicized population

quickly.

In the research, it is necessary to underline the ungovernability events that

occurred at the Cirebon City KPU in the PSU Pilwalkot Cirebon 2018 phenomenon in

government institutions with the authority to organize elections. Ungovernability in these

institutions occurs in government institutions that should have credibility to maintain the

spirit of democracy. Ungovernability that occurs in this phenomenon can disrupt

democracy due to politicized conditions. In addition, this phenomenon encourages the

creation of a government that is not conducive and leads to values that are contrary to

upholding good governance in Indonesia.

The PSU that occurred in the 2018 Cirebon Pilwalkot as a legal impact caused as

the responsibility of the Cirebon KPU for malprocedures and negligence towards election

governance in Cirebon in 2018 became the background and interest of the problem in this

study. The argument became the basis for researchers to analyze events occurring at PSU

in Cirebon, such as the ungovernability of electoral governance. Moreover, this research

will be strengthened by analyzing the election institution and integrity of the 2018

Cirebon Mayor-Deputy Mayor Election.

The purpose and benefits of this research will be developed. The purpose of this

research is to analyze the occurrence of chaos that resulted in the implementation of re-

voting for the 2018 Cirebon Mayor and Deputy Mayor Election. As for the benefits: This

research is expected to enrich the electoral repertoire, especially studies that link elections

as a big concept with various problems in the field; this research is expected to provide

input to the KPU in organizing elections to be carried out more responsibly, competently,

and by applicable laws and regulations.

Methods

The method used in this research is the Qualitative Research Method, which adopts

the premise of Creswell (2021). Qualitative methods understood in this study are research

that focuses on exploring and understanding the meaning of individual and group

phenomena from existing social problems.

Referring to Creswell's writing (2021), this research approach uses a case study

strategy, which can be understood as a qualitative strategy that focuses on the study of

phenomena, programs, or activities of an individual or group in more depth.

Furthermore, the data used to analyze the problem is obtained through a literature

approach sourced from books, journals, print media, electronic media, and related

comments.

Repeat Voting in the 2018 Cirebon Mayoral Election: Examining the Contributing Factors and the

Professionalism of Cirebon's Electoral Commission (KPU)

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5533

Results and Discussion

The analysis of Ungovernability in electoral governance in the case of Re-voting in

the 2018 Cirebon Pilwakot was conducted by adopting the theory of electoral malpractice

and electoral institutions related to electoral governance.

Furthermore, this discussion will be divided into two outlines describing the PSU

Pilwalkot Cirebon 2018 process and the Ungovernability of the Cirebon KPU in Voting

and Counting.

Re-voting of the 2018 Cirebon Mayor and Deputy Mayor Election

The existence of the PSU in Pilwalkot Cirebon in 2018 became a public spotlight

(Lan, 2023). This is because the PSU was caused by electoral mal-practices in the form

of mal-procedures with the approach of manipulation of electoral administration or

manipulation in voting and counting, which the KPU of Cirebon City intentionally or

unintentionally carried out. According to Birch (2020), the Cirebon City KPU has

committed at least three (3) points of violation, including Unprofessional election

organizers and election management committees; manipulation of voting, in this case

counting that is not by the rules of election principles (not transparent); and finally,

negligence of duties from vote counting that is not by legal procedures.

The three problems in the case study of the cause of the PSU in Pilwalkot Cirebon

2018 are intertwined, first, in terms of unprofessional election organizers. In this case, the

available human resources who became the committee of the voting and counting of votes

were not capable of causing assignments in the organization of elections that were not

transparent. The connotation is not transparent. The election organizing committee

deliberately opens the "open" ballot box without using the SOP and causes legal errors

(Awaluddin, 2019).

This is evidenced by the acquisition of chronological data from the Constitutional

Court Number 8/PHP decision.KOT-XVI/2018. Candidate number one (1) Bamunas-Edo

(OKE), sued the Cirebon City KPU with allegations of fraud committed in the form of

illegal and unlawful transportation of ballot boxes and demolition of votes. In the

statement and legal testimony by candidate number one in this case stated as the applicant

stated that the act of fraud by moving and dismantling ballot boxes by one of the

organizing committees for Pilwalkot Cirebon 2018, in this case PPS at the urban village

level was carried out in a Structured, Systematic, and Massive (TSM) manner. (Limbong,

2021). Ballot boxes from polling stations were brought to the urban village unlawfully

and illegally dismantled at night after voting (June 27, 2018). The ballot boxes were

stored in Kelurahan overnight, and the next day (June 28, 2018), they were only sent to

the PPK at the Kecamatan level.

The Bamunas-Edo candidate pair has reported this to the District Election

Supervisory Committee (Panwascam), and there has been a recommendation for the

report to conduct a Re-Voting (PSU). However, the recommendation was rejected by the

Cirebon City KPU. Furthermore, there has been fraud committed by the PPS as the

organizer by reducing the Petitioner's votes and increasing the votes of other pairs. There

is a mismatch of ballot user data on the C1-KWK form model, and there is a mismatch

between the Voters present and the number of ballots used.

Candidate number one (1) tried to prove the alleged fraud committed by the KPU

by completing several witnesses, supporting data, and videos containing evidence.

However, these allegations, despite the existence of some supporting data, in the KPU's

statement at the time of the title of the election dispute hearing, stated that what was

Dian Fitriyani, Nur Hidayat Sardini, Dewi Erowati

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5534

suspected and assumed by candidate number one (1) was something that did not match

the facts that occurred. In fact, in this case, the respondent or KPU states that the petition

of the applicant or candidate pair number one (1) is unclear/obscure (obscure libel).

This is evidenced by the statement of the attorney from the KPU which states that;

(Mashabi, 2021)

Paslon Bamunas-Edo (OKE) 's argument that if the ballot box was not immediately

sent to the Sub-District Election Committee (PPK) was against the law made it clear that

in this case, the legal counsel for the Bamunas-Edo (OKE) candidate team did not

properly understand the rules of the vote contact transfer process from the TPS level after

the vote count was completed until the box arrived at the Cirebon City KPU.

In addition, the transfer of ballot boxes was also supervised by witnesses from both

candidate pairs, PPL, and/or TPS supervisors. All forms of procedures or stages were

carried out by the KPU as an election organizer in Cirebon. However, this is not sufficient

to provide an argument for the Cirebon KPU's non-transparency in opening ballot boxes

illegally and against the law.

The argumentation built by the KPU is based on the negligence and ignorance of

the KPPS duties on what attributes must be included or removed from the ballot box. Due

to this negligence, the ballot box had to be dismantled to retrieve the C1KWK

form/certificate, which then in the KPU's statement, the event had received approval from

all parties including witnesses or volunteers or the winning team from candidate pair

number 1 so that in accordance with the agreement the ballot box was opened using a

key.

The case title revealed the fact that the opening of the ballot box by the KPU did

not occur as suspected by the Bamunas-Edo candidate team for TSM fraud committed by

the KPU as an election institution in Cirebon. However, on the basis of the rule of law

upheld in accordance with applicable laws and regulations, the Constitutional Court stated

that the opening of ballot boxes in the case a quo is an action that cannot be justified at

all.

By the Constitutional Court, the verdict stipulates that the opening of sealed ballot

boxes outside the procedure of the vote counting procession is illegal for any reason

(Maheshwari & Maheshwari, 2022). Thus, the Constitutional Court granted the request

from the Bamunas-Edo candidate pair to order the KPU to conduct a re-voting of the

polling stations where the ballot boxes were opened illegally and against the law. Because

this will lead to weak trust in the integrity and neutrality of the election organizing body.

This is what can be analyzed from the cause of the Re-voting in the phenomenon

of Pilwalkot Cirebon in 2018. Not on the basis of the opening of the city of votes allegedly

as an act of fraud to conduct political transactions between organizers and participants as

the assumptions circulating but based on the facts of the case title, and the explanation of

expert witnesses and the decision of the Constitutional Court of the Republic of Indonesia

stated that the PSU was held on the basis of violations of the KPU's negligence as an

election organizing agency to conduct professional and transparent elections in terms of

voting and calculation.

This also cannot be ignored, and must be an evaluation of the Cirebon KPU for the

implementation of future elections to provide human resources in accordance with the

principles of election work on the basis of integrity and professionalism. In addition, the

KPU as the central institution for organizing elections is required to approach the

communication of election governance policies to each committee involved in order to

have qualified knowledge and intelligence in organizing elections.

Repeat Voting in the 2018 Cirebon Mayoral Election: Examining the Contributing Factors and the

Professionalism of Cirebon's Electoral Commission (KPU)

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5535

Furthermore, the next sub-chapter will explain the problems of the principle of

professionalism that arise due to the failure of several roles that must be carried out by

the Cirebon KPU in Pilwalkot 2018.

Professionalism of Cirebon KPU in Voting and Counting

Institutional elections in Cirebon are accountable for its implementation to the

General Election Commission domiciled in the City of Cirebon (Nurbaeti et al., 2024).

KPU Cirebon is a general election organizer whose task force is below the West Java

Provincial KPU and the Republic of Indonesia KPU level above. Therefore, its duties and

responsibilities can not be separated from the general juridical line as the organizer of the

election.

Furthermore, it cannot be separated from the case of re-voting in the phenomenon

of Pilwakot Cirebon in 2018 causing weak election governance from the Cirebon City

KPU. This then underlies the governability that has an influence on the professionalism

of the Cirebon City KPU during the 2018 Cirebon Pilwalkot.

First, KPU educators and election observers in Cirebon. This can be proven by the

KPU's negligence in approaching communication to its members as election organizers.

This statement was strengthened in Puteri's research (2022), which stated that the

technical guidance on organizing elections in Cirebon in 2018 was only a formality part

of the KPU to conduct socialization at the PPK, PPS, and KPPS levels. This is because

the existence of technical guidance does not guarantee the formation of human resources

in Cirebon who are able to understand the procession of organizing elections properly.

The existence of inadequate human resources is also supported by the lack of

monitoring role of the KPU. KPU as an election organizing body should realize early on

the challenges, obstacles, or threats that will occur during the election procession from

preparation to reporting. Moreover, with human resources that are not equipped with

expert knowledge of organizing elections, the problems that arise will also be greater.

Second, the role of the KPU as an organizer, which in this case is also inseparable

from the purpose of the formation of the KPU which is a democratic election organizing

body. The existence of the KPU with an organizing role is certainly easily understood by

the management of organizing elections in Cirebon. Several processions have been

organized from pre-election, D-day voting, and counting of elections, even the

implementation of the PSU which is conducive by the Cirebon KPU is a good

appreciation. However, there are some notes that should be an evaluation of the KPU,

namely the availability of human resources in the organization with adequate experience.

Organizing with the availability of human resources as it is and the condition of minimal

educators in the practice of organizing elections in Cirebon will disrupt the course of an

election organization that has been systematic.

Third, the role of the Cirebon KPU as a collection, counting, and reporting that is

integrated into one is the highlight of the Pilwalkot agenda in Cirebon. This procession is

an important thing for the Cirebon KPU because it will determine the future of politics

and democracy for the city of Cirebon. However, the events that befell the illegal or

unlawful opening of the vote city had to occur at the peak of this procession. The existence

of arguments based on the influence of mal-administration that occurred at several polling

stations in Cirebon necessitated actions against the rule of law of the election process. In

the previous role, this is largely the responsibility of the Cirebon KPU as the organizer of

elections in Cirebon in 2018. Mitigation actions should be carried out preventively and

persuasively.

Dian Fitriyani, Nur Hidayat Sardini, Dewi Erowati

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5536

Preventively, from the problems that occur can be done with careful management

planning, the Cirebon KPU must provide its ability to procure human resources, budgets,

and existing facilities to support elections with integrity and democracy. Or re-

strengthening the role of communicators, educators, and monitors so as to bring good

coordination during the procession of voting, counting, tabulating and reporting election

results.

Election governance carried out by the Cirebon KPU in the phenomenon of

Pilwalkot Cirebon 2018 showed problems in professionalism. This is indicated by the

explanations and evidence from the Cirebon KPU that has not been as an electoral

management body with the role of implementor or applicator. Pilwakot Cirebon 2018,

not a trial or mal-practice event of democratic enforcement actions (Karim, 2020). Sardini

(2018) stated that the election process is not only a symbolic thing but the process is a

sacred thing and each stage contains meaningful meaning. With events that disrupt

professionalism, the Cirebon KPU is obliged to take full responsibility to make

improvements to mal-administration issues, improvements to election governance and

election institutions in Cirebon to welcome and realize election institutions with integrity

and democracy.

Conclusion

Based on the analysis that has been done, a conclusion can be drawn, among others;

The dispute over the election results that resulted in the PSU phenomenon in the Cirebon

Pilwalkot cannot be separated from the alleged election fraud committed by the election

organizers by Paslon Bamunas-Edo as a candidate for Mayor and Deputy Mayor of

Cirebon. However, after the Cirebon Election dispute hearing in 2018 at the

Constitutional Court, the PSU crisis occurred due to the negligence of election

governance from the KPU as the election organizer in Cirebon.

The negligence of the Cirebon KPU's governance in the 2018 elections is part of

the negligence of election institutions in the role of educators, monitors, organizing

elections, voting, counting, and reporting election results.

Suggestion: There needs to be awareness that must be understood by the Cirebon

KPU as an election organizer as a sensitivity to the problems of election governance in

Cirebon. There needs to be planning accompanied by more mature program

implementation, especially the preparation of elections with integrity and democracy.

Repeat Voting in the 2018 Cirebon Mayoral Election: Examining the Contributing Factors and the

Professionalism of Cirebon's Electoral Commission (KPU)

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 5537

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