pISSN: 2723 6609 e-ISSN: 2745-5254
Vol. 5, No. 11, November 2 024 http://jist.publikasiindonesia.id/
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5127
Administrative Violations and Process Disputes in the 2020
Regional Head Election of Bandar Lampung City
Amin Nugrah Santoso1*, Fitra Arsil2
Universitas Indonesia, Indonesia
Email: [email protected]1*, [email protected]2
*Correspondence
ABSTRACT
Keywords: 2020
elections, TSM, election
process disputes.
The 2020 Regional Head Election in Bandar Lampung City
is an election process that has been regulated in Law No. 10
of 2016. However, in the stage mechanism, there are
Systematic and Massive Structured violations according to
the findings of the Lampung Provincial Bawaslu based on
reports followed up by the Lampung Provincial Bawaslu.
The purpose of this study is to find the factors that cause
administrative violations in the 2020 Regional Elections in
Bandar Lampung City based on Law Number 10 of 2016,
explain cases of administrative violations of the Regional
Elections related to process disputes and disputes over
results, and analyze the process of resolving administrative
violations of the Regional Elections against disputes over
processes and disputes over results. The research method in
writing this thesis is doctrinal law research with a method of
collecting data from literature studies to answer problems
and then the results are expected to aim at providing
solutions or suggestions to overcome problems. Departing
from the discussion, disputes over the election
administration process and disputes over the results of the
Regional Elections are the root of the problem in the 2020
Regional Head Election in Bandar Lampung City. The
solution offered is the regulation of the 2020 Regional
Elections based on Law Number 10 of 2016 regulating the
implementation of the Regional Elections under normal
circumstances, meaning that the Covid-19 pandemic has not
occurred.
Introduction
The Regional Head Election (Pilkada) is part of the General Election (Election)
which is specifically to elect regional heads (Purnamasari, Wahid, & Salam, 2021). In
countries that adhere to a democratic system, the implementation of the democratic
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process through elections (Pilkada). In Law Number 7 of 2017 concerning General
Elections to elect the President and Vice President, the House of Representatives (DPR)
of the Republic of Indonesia, the Regional Representative Council (DPD) of the
Republic of Indonesia, the Provincial DPRD, and the City Regency DRPRRD
(Hidayati, Aulia, & Wiraganti, 2024). The elections specifically to elect the Governor
and Deputy Governor, Mayor and Deputy Mayor/Regent, and Deputy Regent are
regulated in Law Number 10 of 2016. Elections specifically to elect Regional Heads are
called Regional Elections (Badriawan, 2021). Thus, the Regional Elections are part of
the Elections, and therefore in this paper the term Elections/Regional Elections is often
used because the regulations in the Elections are also included in the regulations in the
Regional Elections. Among other examples, the principles of elections occur in the
principles of the Regional Elections hereinafter referred to as the Regional Elections
(Siboy, Al-Fatih, & Jaelani, 2022).
Election organizers, based on Law Number 7 of 2017, consist of the General
Election Commission (KPU), the General Election Supervisory Agency (Bawaslu), and
the Honorary Council of Election Organizers (DKPP). The KPU and Bawaslu have their
respective roles and authorities in the implementation of the elections (Amiruddin &
Ramadani, 2023). The KPU and Bawaslu as a unit the function of organizing elections
to elect the House of Representatives (DPR), both the House of Representatives of the
Republic of Indonesia, the Provincial DPRD, and the Regency/City DPRD, the
Regional Representative Council (DPD) of the Republic of Indonesia, the Presidential
and Vice Presidential Elections, and the Regional Head Election (Pilkada). The
implementation of the Regional Elections is based on regulations or laws and
regulations applicable in Indonesia, including the 2020 Regional Elections referring to
Law Number 10 of 2016 (Panjaitan, Amin, & Situmorang, 2024). The KPU as the
implementing institution in the Elections/Regional Elections has the authority regulated
in the regulations, including the stages in the implementation of the Elections/Regional
Elections. Likewise, Bawaslu as an institution that has the authority to supervise
elections/regional elections has stages regulated in regulations (Raden, 2024). Clarity
about the institutions that carry out the Elections/Regional Elections will not run well if
there is no balance between implementation and supervision in the implementation of
the Elections/Regional Elections. If there is no certainty regarding the regulation of the
Election/Pilkada organizing institutions, then the authority of each of these institutions
will be weak (Lan, 2023).
Law Number 10 of 2016 is a legal instrument to regulate various aspects of the
implementation of the Regional Elections, including stages, voting rights, and violation
mechanisms. Regarding the mechanism of violations, it is necessary to know the types
of violations in the implementation of the Regional Elections. Based on Law Number 7
of 2017, there are three types of violations, namely: administrative violations, violations
of the code of ethics, and criminal violations (Kristianita & Najicha, 2022).
Specifically, the types of administrative violations include TSM (Structured,
Systematic, and Massive) and Non-TSM. For this reason, it is necessary to state the
definition of administrative violations as violations of procedures, procedures, and
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
Bandar Lampung City
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5129
mechanisms related to the administration of the implementation of the Regional
Elections at each stage. Meanwhile, violations of the administration of the TSM
Regional Elections are acts or actions that violate procedures, procedures, and
mechanisms related to the administration of the implementation of the Regional
Elections in each stage that promise and/or provide money or other materials to
influence the organizers or voters that occur in a TSM manner (Lubbers, 2022).
Idil Fitri has written a thesis "Legal Analysis of Violations of Regional Head
Elections in Majene Regency (Case Study on Handling Violations Settlement in
Bawaslu in 2020)" from Bosowa University in 2020. This thesis concludes that there are
violations universally in the Regional Head Election in Majene Regency and the
handling of violations is carried out universally related to the Regional Head Election. It
was found that three violations in the Regional Elections had not run optimally so they
were not by the reports that were followed up to the adjudication stage. Some factors
hinder the handling of the law, namely factors sourced from Bawaslu and the
community as well as the supporters of candidates for Regional Heads. The thesis
prepared by Idil Fitri discusses universal violations in the 2020 Regional Head Election
in Majene Regency. Meanwhile, the thesis that will be discussed only discusses
administrative violations. As for the similarities, they both discussed violations of the
Regional Head Election.
Sadikin and Hanafiah have conducted a study entitled "Neutrality of the State
Civil Apparatus in the General Election of the Regional Head of Asahan Regency in
2020 Case Study of the Election of Regent and Deputy Regent of Asahan in 2020". The
results of the study were published in the Journal of the University of North Sumatra in
2020. This study concludes that ASN neutrality is a principle that must be obeyed by all
ASNs during the Regional Elections. However, several ASNs in the Asahan Regency
Government are indicated to have taken non-neutral actions against candidate pairs in
the 2020 Regional Elections. ASN should be neutral, not in favor of one of the
candidates. The non-neutrality of ASN resulted in administrative violations in the 2020
Regional Elections. The results of this previous study only discussed administrative
violations due to the non-neutrality of ASN in the 2020 Asahan Regency Elections.
Meanwhile, this thesis research will discuss the factors that cause administrative
violations in the 2020 Bandar Lampung City Regional Elections. In terms of similarity,
they both discussed administrative violations in the 2020 Regional Elections.
The purpose of this study is to find the factors that cause administrative violations
in the 2020 Regional Elections in Bandar Lampung City based on Law Number 10 of
2016, explain cases of administrative violations of the Regional Elections related to
process disputes and disputes over results, and analyze the process of resolving
administrative violations of the Regional Elections against disputes over processes and
disputes over results.
Method
This research is a form of doctrinal research. According to Soerjono Soekanto,
doctrinal legal research is a form of literature research, namely research on secondary
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data that includes primary legal materials, secondary legal materials, and tertiary legal
materials. Thus, the form of doctrinal legal research includes a form of library research.
This form of research is intended to conduct legal research by applying the law in the
books because the root of the problem is directed to the study of literature or
documentaries on written data such as archives, written reports on laws and regulations,
KPU decisions, Supreme Court decisions, and other literary materials.
Types of Research Data
The type of research data is adjusted to the form of doctrinal legal research and
the typology of this research in a normative-doctrinal manner. Therefore, this type of
research data uses a doctrinal legal approach by using the type of research data as
secondary data (secondary materials), which includes laws and regulations, official
documents, books, research results, or other forms of reports related to the title of this
thesis. The types of secondary data in this study include Law Number 10 of 2016, Law
Number 7 of 2017, Perbawaslu Number 9 of 2020, Lampung Provincial Bawaslu
Decision 2020, Bandar Lampung City KPU Decree 2020, Supreme Court Decision of
the Republic of Indonesia 2021, and Constitutional Court Decree 2021.
Data Collection Tools
The collection of data for this research is by library research, which is a method
of collecting data in the form of legal materials obtained through literature books or
other readings that are related to the subject matter, framework, and scope of this
research.
Data Analysis Methods
This research method is a qualitative method, where qualitative methods include
observation, visual analysis, literature study, and interview. The intention is to use a
qualitative method, to analyze research data collected from the results of literature
studies. The qualitative analysis method is also to describe the data in a quality manner
in the form of sentences that are orderly, sequential, logical, non-overlapping, and
selective, to facilitate the interpretation of data and understanding of the results of the
analysis regarding administrative violations of the 2020 Bandar Lampung City Regional
Elections and efforts to resolve violations into legal institutions.
Research with qualitative analysis methods aims to manage the data that has
been collected systematically, then categorize and qualify the data, as well as interpret
the data to understand the meaning of the data. This research analyzes and draws on
legal principles, examines the current situation, and compares it with existing legal
norms.
Results and Discussion
Implications of Administrative Violations of the 2020 Regional Elections in Bandar
Lampung City
One of the characteristics of a democratic country is to hold elections at certain
times. Elections are essentially the recognition and embodiment of the people's political
rights and at the same time the delegation of these rights by the people to their
representatives to carry out their government.
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According to Moh. Mahfud M.D, there are two reasons for choosing democracy as a
system of society and state. First, almost all countries in the world have made
democracy a fundamental foundation. Second, democracy as the essential principle of
statehood has provided direction for the role of society to organize the state as its
highest organization.
Jimmy Asshiddique said that there are 4 objectives for holding general elections,
namely:
a. To enable an orderly and peaceful transition of government leadership;
b. To enable the change of officials who will represent the interests of the people in
representative institutions;
c. To implement the principle of people's sovereignty; and
d. To implement the principles of citizens' human rights
The right to vote is a form of political right that is included in the category of
human rights. The right to vote is regulated in the fundamental legal provisions of a
country (usually in the constitution and in related laws) and in various international
legal instruments on human rights. In some cases, voting rights are specifically
regulated in case law.
Rousseau's theory, which is the basis of the understanding of "people's
sovereignty", teaches that the State relies on the will of the people, as well as all laws
and regulations. According to this school, the law is the will of all people that they have
handed over to an organization that has been formed first and given the task of forming
laws that apply in society, people obey the law because people have promised to obey it.
There are several ways or actions that can be used to prevent election disputes.
Some of these methods or actions come from sources outside the electoral justice
system, while others come from the electoral justice system itself:
a. Design and implement appropriate legal and legislative frameworks to create
democratic and representative governments, and design and implement appropriate
legal and legislative frameworks for human rights and electoral processes;
b. Involving major political parties and important groups in society to design or
improve the legal framework of elections;
c. Developing a political culture and civic education (e.g. democratic principles and
values, respect for the rule of law, human rights);
d. Building a pluralistic political party system and building internal democracy in
political parties;
e. Increasing gender and minority inclusivity in
f. government and politics;
g. Prepare fair/equal conditions for the implementation of elections (especially access
to media and financing);
h. Increasing the role of civil society, including its capacity to monitor all stages of the
electoral process;
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i. Encourage the media, civil society, election observers, and political parties to adopt
guidelines for election conduct
j. Establish a professional, inclusive, and where possible permanent, independent,
and autonomous election governing body; and
k. The adoption of appropriate election procedures by the election organizing body is
open to the public and followed consistently.
In the Pilkada process, it was found that alleged violations of the TSM
administration had implications for the democratic process running unsmoothly so the
settlement of the TSM administration violation needed a solution so that the democratic
process through the 2020 Regional Elections in Bandar Lampung City could support the
democratic process with integrity. The implementation of the 2020 Bandar Lampung
City Regional Elections also has implications for the election process. The solution is as
follows:
1. The cancellation of individual passports, then a solution was found by taking a
regulatory approach because the requirements for individual passports were not met
based on Pilkada regulations. Two individual candidates accepted the decision of the
Bandar Lampung City KPU.
2. Technical solutions (postponement of the implementation of the Regional Elections).
The 2020 Regional Elections during the COVID-19 pandemic also encountered
technical obstacles caused by the spread of Covid-19 so the implementation of the
Regional Elections was postponed. The 2020 Regional Elections should be canceled
because public health and safety must be prioritized over the implementation of the
Regional Elections. Originally, the Regional Elections were to be held on September
23, 2020, but due to the conditions of non-natural disasters caused by the Covid-19
pandemic since it was determined by President Joko Widodo, the time for the
implementation of the Regional Elections was on December 9, 2020. So the solution
is to implement the COVID-19 Prevention Health Protocol (Prokes) regulations for
the implementation of the 2020 Regional Elections, even though it makes the stages
of implementing the Regional Elections less effective than canceling the 2020
Regional Elections on the grounds of the pandemic. For example, the implementation
of campaigns before COVID-19 was carried out directly (offline), but during the
COVID-19 pandemic they had to comply with the Health Protocols so that the
number of campaigns was limited directly and even carried out online
(online/virtual). In addition, related to technical obstacles, it also concerns the issue
of funding so that a solution can be found. The budget for the 2020 Regional
Elections was initially approved and because there was a Covid-19 pandemic, a new
budget was needed for financing PPE, Rapid Test, and APK (masks, hand sanitizers,
and others). However the new budget or additional budget is not enough to meet
PPE, Rapid Test, and APK. The solution is that if the future Regional Elections are
still in a pandemic, then the Regional Elections budget should be adjusted to the
needs of the pandemic to maintain the health and safety of organizers, candidates,
and the public so that they are not exposed to the virus or Covid-19.
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
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3. The solution to changes in the 2020 Regional Election regulations is that the 2020
Regional Election regulations are more carefully prepared, the revision of the
Regional Election regulations is critically reviewed, and the implementation of the
Health Protocol is tightened. If the future Regional Elections are still in a pandemic,
then the 2020 Regional Elections regulations can be applied to the upcoming
Regional Elections by taking into account the situation and conditions, political
dynamics, and the development of community participation. The 2020 Regional
Election Regulations are based on Law Number 10 of 2016 regulating the
implementation of the Regional Elections under normal circumstances, meaning that
the Covid-19 pandemic has not occurred. However, the law must be revised because
Indonesia is in the condition of the COVID-19 pandemic, and the change in the
Regional Election regulations by the KPU RI is not sudden for the KPU in the
Province and the Regency/City KPU, but the change in regulations is carried out in a
coordinated manner and according to the stages so that public participation can be
maintained in a conducive manner to follow the democratic process or vote at the
polling station.
4. The solution to the violation is that the Bawaslu regulation is more emphasized in its
authority to crack down on violations of the Regional Elections.
5. The resolution of disputes over TSM violations was brought to the legal channel,
which was resolved at the Supreme Court. The dispute over the violation was heard
at the Lampung Provincial Bawaslu, and a review was carried out at the Supreme
Court and the Supreme Court revoked the decision of the Provincial Bawaslu. What
should be the election regulation in Law No. 7 of 2017 concerning General Elections
(Elections) gives new authority to the Election Supervisory Agency (Bawaslu), in
addition to being a supervisory institution, it is also authorized as an election judicial
institution or least Bawaslu is given the authority to carry out election judicial
functions so that the way to resolve violations of election administration follows the
trial model. Through Law No. 7 of 2017, Bawaslu has a very large (absolute)
authority in handling and deciding election violations, including Structured,
Systematic, and Massive Election (TSM) violations, authority is the right to do
something or order others to do or not do something to achieve certain goals and
Bawaslu has that authority.
Based on the description of the solution above, the mechanism offered, in
electoral justice/regional elections, is explained in resolving election disputes which has
three parts, including (1) Formal or corrective improvements such as filing an election
lawsuit that cancels, changes, or admits irregularities; (2) Providing punitive sanctions,
namely imposing penalties on perpetrators, entities, or parties responsible for
irregularities, such as those related to election administration and criminal liability; and
(3) Alternative mechanisms for resolving election disputes, which are voluntary to the
parties to the dispute and are often informal.
Analysis of Efforts to Resolve Administrative Violations of the 2020 Regional
Elections in Bandar Lampung City
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Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5134
The term 'election dispute resolution system' refers to a legal framework that
contains a detailed electoral justice system mechanism designed to resolve electoral
disputes and guarantee citizens' voting rights. The resolution of election disputes can be
submitted to the legislature, judiciary, or election organizing body that has a judicial
function, or an ad hoc body. The election dispute resolution system was formed to
ensure the integrity of the election process. Through the election dispute resolution
system, actions taken in the election process that are contrary to the law can be canceled
or changed through the process of filing a lawsuit. Violators or people responsible for
irregularities in the election can also be subject to sanctions. An election lawsuit is a
complaint submitted by election participants or other stakeholders who believe that their
voting rights have been violated. Corrective election lawsuits serve to ensure that the
election process (and referendum) is carried out by the law; so that election errors or
irregularities can be known, changed, canceled, or corrected; and so that voting rights
can be guaranteed or restored.
Efforts to resolve administrative violations of the 2020 Bandar Lampung City
Regional Elections include procedures, procedures, and mechanisms for resolving them.
This is because TSM administrative violations also concern procedures, procedures, and
mechanisms. Efforts to resolve TSM administrative violations can be described as
follows:
Efforts to Resolve Administrative Violations of the 2020 Regional Elections in
Bandar Lampung City
In particular, Moh. Mahfud MD alluded to the implementation of the Regional
Elections as a representation of the democratic process in Indonesia in the reform era
that is still ongoing, the procedural democratic process, and leads to liberal democracy,
even though our democracy adheres to the Pancasila democratic system.
Analyzing Mahfud's opinion above regarding the character of democracy in the
Regional Elections has implications for the potential for violations and fraud in the
Regional Elections, both administrative violations and violations of the code of ethics
and criminal violations. The administrative violations can be recognized from violations
of procedures, violations of procedures, and violations of mechanisms based on Law
Number 7 of 2017. Violations of the Regional Elections are a democratic problem.
In detail, Mahfud MD explained that the emergence of democracy and election
problems in Indonesia is not caused by conceptual-paradigmatic errors and normative
arrangements, but rather due to the deviation of the implementation of democracy from
the underlying system. In fact, according to him, to deal with the problem of the
imbalance between democracy and the law can only be solved by making the law a
commander who must be preceded by the structuring of democracy, in the sense of
political recruitment to be clean from transactional politics and mutual hostages. Here,
the awareness of political parties as a forum for recruiting political leaders is required to
recruit responsibly and uphold moral integrity (Simatupang & Subekhan, 2018).
The procedure for resolving TSM administrative violations in the 2020 Bandar
Lampung City Regional Elections was carried out by several steps by the Lampung
Provincial Bawaslu. The first step is to receive the report and carry out procedures for
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
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Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5135
resolving the violation. The procedure is that Bawaslu follows up on a report on TSM
administrative violations from the Complainant (Candidate Pair Number 2) to the
Reported Party (Candidate Pair Number 3). Then Bawaslu identifies violations based on
Bawaslu's regulations and authority. Various kinds of regulations or authorities owned
by the Election Supervisory Agency (Bawaslu) turned out to be there were still many
administrative violations committed by prospective participants in the 2020 Bandar
Lampung City Regional Elections. The candidate pair violated the rules in a structured,
systematic, and massive manner (violation of TSM ordinances), including violations of
procedures classified as administrative violations in the 2020 Bandar Lampung City
Regional Elections which are still in the condition of the Covid-19 period.
According to M. Ali Rachman, et al, the violation of TSM administration in the
implementation of Pemilukada (now with the term Pilkada) was carried out by the
candidate pair by using their power or kinship position in a structured, systematic, and
massive manner. Given the complexity of violations in the mayoral election using
access to office or conducting massive money politics, it adds to the length of a
democratic problem every five years, especially intersecting with violations committed
by policyholders in the regions who directly or indirectly use their power to win one of
the specific candidates, this happened in the regional head election in Bandar Lampung
City in 2020.
The second step, the identification of TSM administrative violations above shows
indications of violations of TSM administration in the 2020 Bandar Lampung City
Regional Elections. Among the indications, there were 32 confessions of witnesses from
the Complainant (Plaintiff), also presented witnesses from the Reported Party
(Defendant). Where the witnesses from the Reported Party are allegedly from the
Bandar Lampung City Government which is assigned directly by the Mayor. Before the
Reported Party submitted a witness to the Chairman of the Assembly, the Complainant
had reminded the Reported Party to directly invite the elements of the civil servants who
were directly involved. The TSM administrative violations can be seen in the table
below:
Table 1
TSM Violation of Mayor Election by Candidate Pair No. 3
District Violation Involvement
1. Bumi Waras
2. Kedaton
3. Kemiling
4. Labuhan Ratu
5. Sukarame
6. Langkapura
7. RajaBasa
8. Tanjung Senang
9. Sukabumi
10. Tanjung KarangBarat
11. Tanjung Karang Pusat
12. Tanjung Karang Timur
Money politics during the
campaign period and quiet
period by taking advantage of
the provision of COVID-19
necessities by forming Linmas
and APBD to campaign and
block certain candidates as well
as the involvement of ASN as
well as utilizing city
government facilities for free
rapid tests for witnesses at
polling stations
Successful team
Mayor
ASN
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13. Teluk Betung Selatan
14. Teluk Betung Timur
15. Teluk Betung Barat
16. Teluk Betung Utara
17. Wai Halim
18. Enggal
19. Peace
20. Long
The table above shows that there are 20 sub-districts in Bandar Lampung City
where there are TSM administrative violations committed by Candidate Pair Number 3,
in the form of money politics during the Covid-19 period in the name of social
assistance from the Bandar Lampung City Government, and involving ASN
elements/deploying Bandar Lampung City Government apparatus such as Sub-district
Head, Village Head, and RT to become a successful campaign team to win the Number
3 Candidate Pair in the Mayor and Deputy elections Mayor of Bandar Lampung in
2020. Candidate Pair Number 2 (reporter) reported the TSM administrative violation
allegedly committed by Candidate Pair Number 3 (reported) to the Lampung Provincial
Bawaslu for follow-up on the report.
The third step, the Lampung Provincial Bawaslu proves the violation of TSM
above. The proof was followed up by the Lampung Provincial Bawaslu. The procedure
for completing the next step, Bawaslu invited witnesses from the Complainant and the
Reported Party. The invitation of the witnesses was to facilitate the proceedings of the
assembly and strengthen the evidence of TSM's violations. Presenting witnesses in the
Session, to the submission of conclusions, which will later result in the decision of the
Lampung Provincial Bawaslu.
In the fourth step, the Lampung Provincial Bawaslu took a Bawaslu Decision
stating that Candidate Pair Number 3 had been convinced and legally proven to have
committed election violations by TSM. The decision declared null and void for
Candidate Pair Number 3 as an Election participant. Then, Bawslu ordered the Bandar
Lampung City KPU to cancel (disqualify) Candidate Pair Number 3 (reported) by
issuing a Decree of the Bandar Lampung City KPU in the 2020 Bandar Lampung
mayoral election.
Based on the explanation above, violations of election administration are
unlawful acts or acts contrary to the law in the form of acts or omissions that can be
subject to criminal and/or administrative sanctions. Criminal offenses may be subject to
criminal sanctions or administrative sanctions, while administrative violations (e.g. acts
or omissions of voters, candidates, monitors, political party leaders, or media
organizations) are not considered criminal offenses. For this kind of violation, the
election organizing body will conduct an investigation and impose administrative
sanctions. The difference between the two types of violations is stipulated in the
election law applicable in the country concerned.
Administrative violations may be subject to administrative sanctions, for example:
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
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a. Government employees or election officials are given a reprimand, temporary
dismissal, removal from their positions, or revocation of their authority;
b. Financial assistance for political parties is reduced;
c. The broadcast of advertisements or the delivery of political messages via radio or
television for political parties that have been allocated is temporarily suspended;
d. Revocation or cancellation of the candidate's right to register; or
e. Fines or other financial sanctions are imposed on the violating party.
The application by the Complainant was granted by Bawaslu with the issuance of
the Lampung Provincial Bawaslu Decision. Regarding Bawaslu granting the
Complainant's request, it is beyond the Reported Party's suspicion that there is a proven
violation of TSM administration. According to the Chairman of Bawaslu, the decision
has been assessed by regulations, namely Law Number: 10 of 2026 in which part of the
Handling of Election Administration Violations is systematically and massively
recruited (TSM). In making a finding of alleged administrative violations that are TSM
by the provisions can only be carried out by election supervisors at the Regency/City
Bawaslu and Provincial Bawaslu levels. Then an examination was carried out and an
open trial by the Provincial Bawaslu or Bawaslu RI. The settlement of TSM Election
Administrative Violations is carried out with the principles of speed, impartiality, and
openness. To determine a violation of election administration is not easy and simple,
because at least it must meet several criteria as follows: First, the reporting party and the
reported party must be clear as regulated in Perbawaslu No. 8 of 2018, Article 22.
Second, the alleged violations of TSM election administration that are reported must
meet the formal and material requirements as well as reports of alleged administrative
violations of the TSM election submitted by the Reporter using the ADM-2 model form,
by Perbawaslu No. 8 of 2018, Article 25. Third, the alleged violations of TSM election
administration that are reported must be accompanied by at least 2 (two) pieces of
evidence, by Perbawaslu No.8 of 2018, Articles 27 33. Fourth, meet the requirements
of the violation area, by Perbawaslu No. 8 of 2018, Article 25 paragraph (8). Fifth, the
inspection process carried out by Bawaslu, by Perbawaslu No. 8 of 2018, Article 40
Article 53. If the Supreme Court's decision to cancel the KPU's decision as intended is
not by the law, it gives absolute authority to Bawaslu to decide on violations of election
administration that are TSM.
Bawaslu's Absolute Authority in Deciding Violations of TSM Elections/Regional
Elections
The existence of the TSM administrative violation in the implementation of the
2020 Regional Elections in Bandar Lampung City is that there is a lawsuit from the
candidate against the elected candidate. The Pilkada dispute is briefly described as
follows:
1. The KPU has determined the elected candidate number 03 who has obtained the most
votes.
2. Candidate number 02 filed a TSM lawsuit allegedly carried out by candidate number
03 to the Bawaslu of Lampung Province
Amin Nugrah Santoso, Fitra Arsil
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5138
3. The Lampung Provincial Bawaslu disqualified the elected candidate number 03
4. The elected candidate number 03 appealed to the Supreme Court to revoke the
cancellation of the disqualification of the candidacy of the elected candidate number
03
5. The elected candidate number 03 submitted an application to the Supreme Court for
the disqualification to be canceled/revoked by the Supreme Court, and the Supreme
Court granted it.
6. Candidate number 02 continued a lawsuit to the Constitutional Court over candidate
number 03, so that candidate number 03 was disqualified, but the Constitutional
Court did not grant it because of weak evidence.
7. The elected candidate number 03 was won by the Constitutional Court and the
Constitutional Court determined that the elected candidate number 03, namely Eva
Dwiana and Deddy Amrullah, was appointed as the Mayor and Deputy Mayor of
Bandar Lampung elected as a result of the 2020 Regional Elections.
8. The inauguration of Eva Dwiana as Mayor and Deddy Amrullah as Deputy Mayor of
Bandar Lampung for the 2021-2026 period, on Friday, February 26, 2021.
9. The Chairman of the Bandar Lampung City KPU stated that until Wednesday,
January 27, 2021, the Bandar Lampung City KPU had not officially received a copy
of the decision or notification from the TUN MA clerk. This is to respond to news in
the mass media and social media circulating regarding the Supreme Court's decision.
The KPU as the respondent has not received a copy of the official decision or
notification from the TUN MA clerk until Wednesday, January 27, 2021. According
to him, if a copy of the Supreme Court's decision has been officially received, the
KPU will study the verdict and follow up with article 135A paragraph 8. The KPU
obeys the law, as we followed up on the last Lampung Provincial Bawaslu decision,
and we will also follow up on the Supreme Court's decision as stipulated in Law
Number 10 of 2016 Article 135A paragraph 8.
10. The Bandar Lampung City KPU is preparing answers and a list of evidence for the
trial at the Constitutional Court on Thursday, January 28, 2021. The KPU consulted
with the helpdesk of the Legal Division of the KPU RI in preparation for the
Constitutional Court session on Thursday, according to the Commissioner of the
KPU of Bandar Lampung City Robiul after consultation at the KPU RI. Based on the
trial schedule issued by the Constitutional Court clerk, the application for case
registration No. 25/PHP. KOT-XIX/2021, which was submitted by the applicant for
pair number 02, Muhammad Yusuf Kohar and Tulus Purnomo Wibowo, will hold a
preliminary hearing on Thursday, January 28, 2021, at 16.00 WIB. The trial will
listen to the reading of the application by the applicant and the determination of
related parties which will be heard by the panel II panel consisting of Constitutional
Court judges Prof. Aswanto, Suhartoyo, and Daniel Yusmic. The Constitutional
Court session will be held offline and online. To attend offline at the Constitutional
Court, only two KPU chairmen as respondents were accompanied by legal
representatives, while online I (Robiul as the Legal Division of the KPU of Bandar
Lampung City) with the Deputy Legal Division Hamami accompanied by the Legal
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
Bandar Lampung City
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5139
Division of the Lampung Provincial KPU. For the schedule for submitting the
respondent's answer and the list of evidence on February 1-9, 2021. The Bandar
Lampung City KPU has prepared answers and a list of evidence for the
Constitutional Court session and plans to be included next week (February 1-9, 2021)
after this preliminary hearing.
11. The Bandar Lampung City KPU issued a decision as a legal consequence of the
alleged violation of TSM. The issuance of the Bandar Lampung City KPU Decree
Number 007/HK.03.1-Kot/I/2021 concerning the cancellation of the pair of
candidates for the 2020 Bandar Lampung Mayor and Deputy Mayor elections, as
stipulated in Bandar Lampung, on January 8, 2020. However, in the next process, the
Supreme Court annulled the KPU's decision, and the Bandar Lampung City KPU
redetermined the selected candidate pair.
According to the election law, Bawaslu does not just serve as an election
supervisory institution. But also handling violations, as well as as a judicial institution,
or at least carrying out judicial functions in resolving election administrative violations
at the Provincial Bawaslu and Bawaslu RI levels, the procedure for resolving
administrative violations by the Perbawaslu also follows the trial model like the
judiciary in general. Based on the mandate of Law No. 7 of 2017 concerning Bawaslu
Elections, Provincial Bawaslu and Regency/City Bawaslu are given the task of
examining, reviewing, and deciding violations of election administration. In the
Perbawaslu, it is stated that Bawaslu has the authority to receive, examine, review, and
decide on reports of alleged TSM Election Administrative Violations against candidates
for members of the DPR, DPD, and DPRD as well as Candidate Pairs, in exercising the
authority as intended, Bawaslu can form an examining panel at the Provincial Bawaslu
to receive and examine reports of alleged TSM Election Administrative Violations.
Violations of the TSM election administration occur when the stages of the election
implementation process take place the campaign stage, the quiet period, and the day of
the voting in the process these stages if there are allegations of violations of the TSM
election administration. Therefore, it must be submitted to the authorized institution as
regulated by law, which is none other than Bawaslu, both at the Central level and the
Provincial Bawaslu.
Based on the above considerations, it has become clear that the authority to
resolve administrative violations of the TSM election is in the hands of Bawaslu where
it must have been resolved at the stage of the process before the KPU determines the
acquisition of votes nationally. In other words, if there is an administrative violation of
the election that is TSM, it must have been resolved before the dispute about the
election results at the Constitutional Court. There are legal avenues available to solve
the problem of administrative violations that are TSM. If the legal path is not carried out
by the election participants, it is another problem. If the legal path has been taken but
does not satisfy the election participants, it is also another problem. Election violations
that are TSM are some of the most serious election violations that can result in the
disqualification of election participants if proven to have committed TSM violations.
Amin Nugrah Santoso, Fitra Arsil
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5140
However, TSM violations have quite severe evidentiary requirements, because the
meaning of TSM must be proven cumulatively, namely fulfilling all three elements,
namely: structured, systematic, and massive. By what has been determined in Law No.
7 of 2017 Article 286, Article 463 reporting on alleged violations of election
administration that are TSM, must be submitted to Bawaslu. So if the alleged violation
of election administration that is TSM is not submitted to Bawaslu, then the alleged
violation of election administration cannot be submitted to the Supreme Court or
submitted to the Supreme Court for PHPU application. Based on the above, it turns out
that it is clear and firm by the Law to give absolute authority to Bawaslu to decide on
violations of election administration that are TSM.
Conclusion
Based on the findings, the mechanism for handling administrative violations in
Article 461 of Law Number 7 of 2017 concerning Elections gives authority to Bawaslu
to receive, examine, review, and decide on administrative violations related to elections.
Bawaslu also has the authority to handle Structured, Systematic, and Massive (TSM)
violations, which are serious and can result in the disqualification of election
participants if proven. This TSM violation must meet the requirements of cumulative
proof, namely structured, systematic, and massive elements, as stipulated in Article 286
and Article 463 of Law No. 7 of 2017.
Bawaslu's decision is final and binding, except for certain disputes that can be
submitted to the State Administrative Court (PTUN) or the Constitutional Court (MK),
such as political party verification, determination of the list of permanent candidates, or
determination of candidate pairs. In the case of TSM violations, reporting must be made
to Bawaslu before the stage of determining the votes obtained by the KPU, because
otherwise, the violation cannot be submitted to other legal channels. For example, in the
2020 Bandar Lampung Mayor Election, an administrative dispute involving a pair of
candidates shows that Bawaslu's authority in deciding TSM violations is very crucial.
However, the available legal avenues often do not satisfy election participants, causing
long dynamics. Thus, Bawaslu has absolute authority in handling and deciding election
administrative violations, ensuring that the process runs by legal provisions and
maintaining the integrity of the implementation of the election.
Administrative Violations and Process Disputes in the 2020 Regional Head Election of
Bandar Lampung City
Indonesian Journal of Social Technology, Vol. 5, No. 11, November 2024 5141
Bibliography
Amiruddin, Amiruddin, & Ramadani, Rizki. (2023). Judicial Activism in Regional
Head Election Dispute: The Practice and Consistency of The Indonesian
Constitutional Court. Substantive Justice International Journal of Law, 6(1), 56
70.
Badriawan, Anike Suci. (2021). The Importance of Soft Skills Training to Improve the
Quality of Political Party Cadres. Technium Soc. Sci. J., 17, 424.
Hidayati, Tri, Aulia, Ajeng Hijriatul, & Wiraganti, Risna Wendy. (2024). The
Application Of The Principle Of Judges Freedom On SEMA Number 2 Of 2023.
Al-Adl: Jurnal Hukum, 16(1), 103117.
Kristianita, Melodi Rindu, & Najicha, Fatma Ulfatun. (2022). Implementation of
Pancasila Democratic Values in General Elections and Freedom of Expression in
Indonesia. Jupiis: Jurnal Pendidikan Ilmu-Ilmu Sosial, 14(2), 8594.
Lan, Thung Ju. (2023). Managing Multiculturalism in 21st Century Indonesia amid
Ethnic and Religious Diversity. Indonesia at The Crossroads: Transformation and
Challenges, 29.
Lubbers, Tim. (2022). The capture of the Ponte: the development of vicarious liability
of shipowners and its limitation in Roman-Dutch law. Tijdschrift Voor
Rechtsgeschiedenis/Revue d’histoire Du Droit/The Legal History Review, 90(1
2), 177221.
Panjaitan, Syaiful Rahman, Amin, Muryanto, & Situmorang, Tonny P. (2024). Financial
Governance and Logistics in Re-Election: Case Study of the 2020 Labuhanbatu
Regency KPU. PERSPEKTIF, 13(2), 319328.
Purnamasari, Andi Intan, Wahid, Abdul, & Salam, Johnny. (2021). The Election on
New Normal: Implications of Sustainable Development. International Journal of
Business, Economics and Law, 24(3), 1015.
Raden, Sahran. (2024). The Theory of Fairness with Integrity in Indonesia’s Electoral
Justice System. Fiat Justisia: Jurnal Ilmu Hukum, 18(2), 185202.
Siboy, Ahmad, Al-Fatih, Sholahuddin, & Jaelani, Abdul Kadir. (2022). Design to
Resolve Case of Disqualification of Winning Candidates in Local Government
Head Elections in Indonesia. Central Asia & the Caucasus (14046091), 23(1).
Simatupang, Jonasmer, & Subekhan, Muhammad. (2018). The Influence of Money
Political Culture in Elections on the Sustainability of Indonesian Democracy. Law
Research Review Quarterly, 4(4), 12971312.