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Back NEWS REPUBLIC of INDONESIA No. 790, 2013 ELECTION WATCHDOG BODY. Settlement. The dispute. The election. Mechanism. Changes.
REGULATION of ELECTION WATCHDOG AGENCY of the REPUBLIC of INDONESIA number 11 by 2013 ABOUT CHANGES to the RULES of the ELECTION WATCHDOG AGENCY NUMBER 24 in 2009 ABOUT the ELECTORAL DISPUTE RESOLUTION MECHANISMS of the HEAD REGION and DEPUTY HEAD of the AREA by the GRACE of GOD ALMIGHTY CHAIRMAN SUPERVISOR elections, Considering: a. that the Supervisory rules of the general election a number of 24 in 2009 About the electoral dispute resolution Mechanisms of the head region and Deputy Head of the region are not in accordance with the development of the State so as to be changed;
b. that based on considerations as referred to in letter a, the need to establish Regulations governing body Elections Supervisors about changes to the rules of the election Watchdog Agency Number 24 in 2009 about the electoral dispute resolution Mechanisms of the head region and Deputy Head of the region;
Remember: 1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 125 of 2004, an additional Sheet of the Republic of Indonesia Number 4437) as amended several times, the last by Act No. 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Number 59 in 2008, an additional Sheet of the Republic of Indonesia Number 4844);
2. Law number 15 year 2011 about organizers of Elections (State Gazette Number 101 in 2011, an additional Sheet of the State Tahhun 2011 Number 5246);
3. Government Regulation number 6 in 2005 about the election, Appointment Confirmation, and the dismissal of the head of the region and Deputy Head of the regional (State Gazette of the Republic of Indonesia number 22 in 2005 an additional Sheet of the Republic of Indonesia Number 4480) as amended several times, the last with the Government Regulation Number 49 in 2008 about a third Change Over Government Regulation number 6 in 2005 about the election, Appointment Confirmation , and the dismissal of the head of a region and Deputy Head of the regional (State Gazette of the Republic of Indonesia Number 92 in 2008, an additional Sheet of the Republic of Indonesia Number 4865);
4. the 80 year 2012 presidential regulation about the Organization, tasks, functions, Authority and the Work of the Secretariat General of the Supervisory Body of the elections, the Electoral Supervisory Body Secretariat of the provincial secretariat of the Supervisory Committee, General Pemiihan Kabupaten/Kota And the Secretariat of the Supervisory Committee of the electoral Subdistricts (Gazette of the Republic of Indonesia year 2012 Number 181);
5. Regulations of the Election Watchdog Agency number 1 in 2012 about the supervision of the elections of the head of the region and Deputy Head of the region (Republic Indonesia in 2012 the number 384);
6. Regulations of the Election Watchdog Agency number 2 in 2012 about the procedures for the reporting and handling of violations of Electoral Districts and the Deputy Head of the region (Republic Indonesia in 2012 the number 385);
7. Regulation No. 13 Election Watchdog Agency in 2012 About the procedures for supervision of the elections (Republic Indonesia in 2012 the number 1080);
Decide: define: REGULATION of ELECTION WATCHDOG AGENCY ABOUT CHANGES to the RULES of the ELECTION WATCHDOG AGENCY NUMBER 24 in 2009 ABOUT the ELECTORAL DISPUTE RESOLUTION MECHANISMS of the HEAD REGION and DEPUTY HEAD of the region.
Article I some provisions in the regulations of the election Watchdog Agency Number 24 in 2009 about the electoral dispute resolution Mechanisms of the head region and Deputy Head of the area changed as follows: 1. The provision of article 1 point 1, 5, 6, 7, 8, 9, 10, 11, 15, 16 and between number 7 and number 8, numbers 9 and 10 are inserted one (1) figures i.e. number 7A 9A and so that article 1 reads as follows : article 1 In this regulation, the definition of: 1. The elections, further abbreviated as elections, is a means of implementing the people's sovereignty which is held directly, free, General, secret, honest, and fair within the unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia in 1945.
2. Election of the head and Deputy Head of the region, hereinafter referred to as the general election is the election, Kada to choose the head of the region and Deputy Head of the area directly within the unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia in 1945. 3. Election of the provincial Election is Kada to choose a Governor and Vice Governor.
4. Kada district/city Elections are Elections to choose the Regent and Vice Regent or Mayor and Deputy Mayor.
5. The organizer of the election is the agency that organizes the election of Electoral Commission and the Board of Trustees Election as one function of organizing Elections to choose members of the House of representatives, the regional representative Council, Representatives of the region, the President and Vice President directly by the people, as well as to vote for Governors, mayors and Governors, in a democratic way.
6. The Commission further abbreviated general election Election Commission, Election Organizers is an institution which is a national, independent, and remains in charge of carrying out the election.
7. The Provincial Electoral Commission subsequently abbreviated to Provincial ELECTION COMMISSION, is in charge of Election Organisers carry out Elections in the province.
7A. Electoral district/city further shortened the Kabupaten/Kota, is the organizer of the elections is in charge of carrying out the election in the district/city.
8. The Agency's Watchdog of the election, further abbreviated Bawaslu Election Organizers, is overseeing the Organization of the Elections throughout the territory of the unitary State of Republic of Indonesia.
9. The election Watchdog Agency, hereinafter abbreviated Bawaslu Province Province, was set up by the Agency to supervise the holding of the elections Bawaslu in the province.
9A. The election Watchdog Committee Kabupaten/Kota, hereinafter abbreviated Panwaslu Kabupaten/Kota is a Committee set up by the Province to oversee the holding of Bawaslu Elections in districts/cities.
10. The Committee of Trustees Election districts, further abbreviated Panwaslu Sub-district, is a Committee formed by the Kabupaten/Kota Panwaslu oversees the Organization of Elections in districts or other names.
11. Election Watchdog Bawaslu is, Bawaslu Panwaslu province, Kabupaten/Kota, Kecamatan, and Panwaslu Election field.
12. Individual Candidate is the participant of the election of the head and Deputy Head of the region that is supported by a number of people who qualified support from voters as set out in the provisions of the legislation.
13. The electoral Dispute Kada is a dispute between two or more parties that occurs in organizing Elections Kada.
14. Dispute resolution is the process of negotiations Kada Election to gain the agreement of the parties assisted by Panwaslu.
15. Reports of violations is a report presented orally and/or in writing by a/more community members, Election monitoring, as well as candidate and/or to the Election campaign team of alleged Election violations 16. Rapporteur Kada is a person who is entitled to report cases of alleged violations of the election of the head and Deputy Head of the Regional Area which consists of citizens of Indonesia who have voting rights Election monitors, and/or participants of the elections.
17. The parties are two or more subject to the dispute law in organizing the elections that brought the dispute to Kada Panwaslu to obtain a settlement.
18. The applicant is a party Rapporteur whose reports categorized as Election Disputes after a study by Kada Panwaslu. 19. The respondent is a party which was reported by the applicant in an Election Dispute Kada.
2. The provisions of article 6 paragraph (1) and paragraph (2) are amended so that article 6 reads as follows: article 6 (1) Bawaslu Province has the duty and authority to resolve the dispute at the election of the provincial parties involving Kada: a. the provincial ELECTION COMMISSION, members of the Executive Board and or political party that submits candidates, candidate, candidate's campaign team, or other institutions at the provincial level; and b. Parties at the kabupaten/kota.
(2) Provincial Bawaslu can resolve disputes on the elections of the Province according to the Kada Panwaslu Kabupaten/Kota considerations cannot be solved by Panwaslu Kabupaten/Kota.
(3) supervision of the determination of election results Kada executed by: a. Panwaslu Kabupaten/Kota on Election ELECTION COMMISSION Kada district/city; and b. a provincial Election Bawaslu Kada Province.
(4) the Panwaslu Kabupaten/Kota is unable to resolve the dispute at the election of the provincial and district/Kada City according to considerations of Panwaslu Sub cannot be solved by Panwaslu Subdistrict.
(5) the Panwaslu Sub-district has a duty and authority to resolve Election Disputes involving parties Kada members and/or administrators of a political party or political party which proposed a merge candidate, candidate's campaign team, institution, or citizens at the level of districts.
(6) prior to taking over the dispute resolution referred to in subsection (2) and paragraph (4), Panwaslu first provide guidance and supervision to optimally Panwaslu underneath in order to resolve Election Disputes Kada in accordance with legislation.
Article II of these regulations comes into force on the date of promulgation.
In order to make everyone aware of it, ordered the enactment of this regulation with its placement in the news of the Republic of Indonesia.
Established in Jakarta on May 31, 2013 ELECTION WATCHDOG CHAIRMAN of the REPUBLIC of INDONESIA, MUHAMMAD Enacted in Jakarta
on 5 June 2013 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA AMIR SYAMSUDDIN fnFooter ();
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