The Indonesian General Election Commission (KPU) will remove the disqualification sanctions for regional head candidates (cakada) who do not submit the Initial Campaign Fund Report (LADK) and the Campaign Fund Receipt and Expenditure Report (LPPDK) in the 2024 Simultaneous Regional Elections.
This was conveyed by RI KPU Member Idham Holik during the Public Test of the PKPU Plan on the Election Campaign and the PKPU Plan for the Election Campaign Fund at the RI KPU Office, Jakarta, Friday.
Idham said in the old regulation, namely KPU Regulation (PKPU) Number 5 of 2017, it was stated that regional head candidate pairs who did not submit LPPDK would be subject to disqualification sanctions. However, the KPU is currently planning to remove the sanctions.
According to him, the disqualification sanction rule for not reporting LPPDK is not regulated in Law Number 10 of 2016 concerning Regional Elections. Therefore, the KPU cannot make technical regulations that conflict with the rules above it.
“Moreover, it is contrary to legal norms, so the provision of sanctions for cancellation as a candidate pair if they do not submit the LPPDK as regulated in Article 54 of PKPU Number 5 of 2017 needs to be removed,” said Idham.
Idham reminded that the hierarchy of laws and regulations has been regulated in Article 7 of Law Number 12 of 2011. The KPU only wants to take a hierarchical approach in compiling technical regulations.
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“Yes, if we violate the regulation, of course we will become a superbody institution. Of course that is impossible,” he said.
Then, in Article 65 of the draft PKPU Draft on Campaign Funds, it will only be regulated that candidate pairs who do not submit LADK and LPPDK will be announced to the public.
If the candidate pair concerned is still elected, their determination will be postponed until they submit the LPPDK.
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Here is the full text of the draft Article 65 of the PKPU Plan on Campaign Funds:
1. If there is a Candidate Pair who does not or is late in submitting the LADK, they will be given a warning via letter from the KPU and will be given the opportunity to submit the LADK within the specified time frame.
2. If after the warning has been given, the Candidate Pair in question still does not submit the LADK, the Candidate Pair will be given a sanction, namely not being able to take part in the campaign.
3. Candidate pairs who do not or are late in submitting LADK and/or LPPDK will be announced to the public.
4. If the Candidate Pair does not submit the LPPDK, they will not be determined as the Elected Candidate until the Candidate in question submits the LPPDK. (Ant/P-2)
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