Regulation Of Election Watchdog Agency Number 10 2013

Original Language Title: Peraturan Badan Pengawas Pemilihan Umum Nomor 10 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fa11d310a14d313233323230.html

BN 789-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 789, 2013 ELECTION WATCHDOG BODY. Supervision. The ballot box. The Results Of The Election. The guidelines. Changes.

REGULATION of ELECTION WATCHDOG AGENCY of the REPUBLIC of INDONESIA number 10 2013 ABOUT CHANGES to the RULES of the ELECTION WATCHDOG AGENCY number 4 of 2010 on GUIDELINES for SURVEILLANCE of the MOVEMENT of the VOICE BOX, RECAP of the RESULTS of the VOTE COUNT, and DETERMINATION of the RESULTS of the ELECTIONS of the REGIONAL HEAD and DEPUTY HEAD of the AREA by the GRACE of GOD ALMIGHTY CHAIRMAN SUPERVISOR elections, Considering: a. that the Election Supervisory Regulation number 4 of 2010 On guidelines for surveillance of the movement of the voice box The recapitulation, the results of the vote count, and determination of the results of the elections of the regional Head 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 4 of 2010 on guidelines for surveillance of the movement of the voice box, recap of the results of the vote count, and determination of the results of the elections of the regional Head 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. The Electoral Commission Regulation number 16 in 2010 about the guideline Procedures the implementation of Sound Acquisition Tally Results Recap in the elections of the head of the region and Deputy Head of the regional Election Committee by districts, Electoral District/city, and the province's Electoral Commission as well as the setting of the selected Candidate, Endorsement, Adoption and the inauguration (news of the Republic of Indonesia year 2010 Number 306);
6. Regulations of the Election Watchdog Agency number 4 of 2010 on guidelines for surveillance of the movement of the voice box, recap of the results of the vote count, and determination of the results of the elections of the regional Head and Deputy Head of the region (Republic Indonesia in 2010 Number 534);
7. Electoral Supervisory Regulations 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);
8. The rules 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);
9. 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: CHANGES to the REGULATION of ELECTION WATCHDOG AGENCY number 4 of 2010 on GUIDELINES for SURVEILLANCE of the MOVEMENT of the VOICE BOX, RECAP of the RESULTS of the VOTE COUNT, and DETERMINATION of the RESULTS of the ELECTIONS of the REGIONAL HEAD and DEPUTY HEAD of the region.
Article I some provisions in the regulations of the election Watchdog Agency number 4 of 2010 on guidelines for surveillance of the movement of the voice box, recap of the results of the vote count and the determination of the results of the elections of the regional Head and Deputy Head of the region (Republic Indonesia in 2010 Number 534) is amended as follows: 1. The provision of article 1 point 1, 5, 6, 7, 8, 9, 10, 11, 12, 13 , 14, 15, 16, 23 and changed between number 7 and number 8, figures 12 and 13 are inserted one (1) figures i.e. number 7A and 12A 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 Committee Election districts, further abbreviated as PPK, is a Committee formed by the Kabupaten/Kota to carry out Elections in the sub-district or other names.
9. The Committee vote, further abbreviated as PPS, is a Committee formed by the Kabupaten/Kota to carry out Elections at the village level or another name/village.
10. The Group further voting, Organizers shortened KPPS, is a group formed by the PPS to carry out voting in polling stations.
11. 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.
12. the Election Agency, hereinafter abbreviated Bawaslu Province Province, was set up by the Agency to supervise the holding of the elections Bawaslu in the province.
12A. 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.
13. 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.
14. Election of the officers of the field was formed by Panwaslu Sub-district overseeing organization of general elections in the village or the another name.
15. The election Watchdog Bawaslu, Kada is a Bawaslu Panwaslu province, Kabupaten/Kota, Kecamatan, and Panwaslu Election field. 16. Panwaslu Kada is a Bawaslu Panwaslu provincial, Kabupaten/Kota, Kecamatan and Panwaslu.

17. The polls, hereinafter referred to as TPS, is the place of performance of the voting.
18. The regional Head of candidate and candidate for the Deputy Chief of the region, hereinafter called the Candidate, the selection of participants was proposed by political parties or combined political party and/or by individual candidates who have met the requirements.
19. The supervision of Elections is observing activities, examine, inspect, and assessing the process of conducting Elections according legislation.
20. Recapitulating the Electoral Vote Tally Counting the heads of Provinces and Kabupaten/Kota, hereinafter referred to as the recapitulation, is a recap of the counting of the electoral vote tally of the head Region of the province and Kabupaten/Kota in the subdistrict or district/city or province.
21. The witness Candidate is one who is appointed and or given a mandate in writing from the Candidate's campaign team is concerned for duty saw the implementation of the Provincial ELECTION COMMISSION's vote count, ELECTION COMMISSION Kabupaten/Kota, and PPK.
22. managing the election monitoring is Monitoring Kada who have registered and obtained accreditation from the ELECTION COMMISSION or the ELECTION COMMISSION Provincial district/city.

23. The ballot box and the ballot box are the Sound Booth and the booth's voice was used in the general election of members of the House of representatives, the regional representative Council, and the Regional Representatives as stipulated in Law No. 8 year 2012 General Election of members of the House of representatives, the regional representative Council, and Representatives of regional as well as the regional Head Election and Deputy Head of the regional , Act No. 42 of 2008 about the election of the President and Vice President and Law Number 32 of 2004 concerning regional Governments as amended by law number 12 of 2008 about the second amendment in the Law Number 32 of 2004 concerning Regional Government.
24. The movement of the sound box is sending the ballot box with contents ranging from POLLING STATIONS up to the Kabupaten/Kota.
25. The determination of election results is the setting of Election participants vote tally Kada and determination of candidate was elected as the head of a region and Deputy Head of provinces or kabupaten/kota.
2. The provisions of article 4 paragraph (2), subsection (3) and subsection (4) amended so that article 4 reads as follows: article 4 (1) surveillance of the movement of the voice box was carried out by the Election field, Panwaslu Subdistrict, and Panwaslu Kabupaten/Kota.
(2) supervision of the vote tally tally results recap executed by: a. Panwaslu Subdistrict in the recap of the results of the counting of the electoral votes tally Kada Kada Elections province or district/city in PPK;
b. Panwaslu Kabupaten/Kota in the recap of the results of the counting of the electoral votes tally Kada Kada Elections province or district/city in the district/city; and c.  Bawaslu Province in the recap of the results tally tally votes Election Kada provinces in the Province.
(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) in exercising oversight of acquisition calculation results recapitulation of votes and determination of election results Kada, Bawaslu, Bawaslu, Province and Kabupaten/Kota Panwaslu doing construction and supervision against the execution of the duties of Trustees Elections on the level below it.
3. The provisions of article 13 of amended so that Article 13 reads as follows: article 13 in overseeing the preparation of the recap of the results of the counting of the Vote Tally in the recapitulation of the Province, Bawaslu Province make sure things are as follows: a. the provincial ELECTION COMMISSION has received News of the event and a certificate of the results of the vote count in the recap of the Kabupaten/Kota level, provided that: 1. at least 2 (two) days after execution of the recap of the results tally tally votes in the district/city is completed; or 2. on the first occasion for certain regions that have limited means of transportation up to before the recapitulation in the province and the region.
b. the provincial ELECTION COMMISSION gave the notification/invitation to the participants of the meeting, namely the witness of candidate and Provincial as well as ELECTION COMMISSION Bawaslu Kabupaten/Kota on the implementation of the results of the counting of the recap of the 16 meeting of the acquisition of the sound level of the provincial ELECTION COMMISSION, no later than one (1) day prior to the implementation of the meeting;
c. Witness of candidate carries the mandate from the Candidate or the campaign team to witness the recapitulation process at the level of the provincial ELECTION COMMISSION meetings and invitations; and d. the provincial ELECTION COMMISSION carry out the counting of vote tally results recap was conducted in Plenary Meetings of the provincial ELECTION COMMISSION are open to the public.
4. The provisions of article 14 amended so that Article 14 reads as follows: article 14 (1) in supervising the implementation of the results of the counting of the vote tally a recapitulation in the Province, Bawaslu Province ensure: a. the cover contains a News event and a certificate of the results of the vote count in the Kabupaten/Kota, and details of the acquisition of the legitimate voice of candidate and invalid votes in the district/city still in a State of sealed properly;
b. the provincial ELECTION COMMISSION opened a sealed cover as mentioned in the letter a in accordance with the time schedule for the district/city;
c. the provincial ELECTION COMMISSION researched and read out: 1. News Event (Model DB KWK) and a certificate of the results of calculating the recapitulation of candidate vote tally at the kabupaten/kota (Model DB-1 KWK) and recorded in a certificate of the results of calculating earnings recap of the votes in the provincial ELECTION COMMISSION (DC-1 Model KWK); and 2.  details of the acquisition of the legitimate voice of candidate and invalid votes in the Kabupaten/Kota (Attachment Model DB-1 KWK), and note in the details of the acquisition of Voice legitimate Candidate and invalid votes in the provincial ELECTION COMMISSION (Attachment Model DC-1 KWK).
d. the provincial ELECTION COMMISSION noted the special events that occur in the form of special events related to the recapitulation of the calculation Results of candidate vote Tally Area Head and Deputy Head of the regional ELECTION COMMISSION in the district/city;
e. Provincial ELECTION COMMISSION provides an opportunity to Bawaslu province, Candidates and citizens, through the witness of candidate related, to submit a report of alleged infringement, diversion and/or errors in the implementation of Sound Acquisition Tally to a recapitulation of the Province;
f. Provincial ELECTION COMMISSION follow-up report as stated on the letter e on the day of the implementation of the outcome of the vote tally counting the recapitulation;
g. the Provincial chronicling these objections in the news show's objection, in which case the provincial ELECTION COMMISSION did not follow up on an objection as stated on the letter f;
h. Provincial ELECTION COMMISSION made the news event and a certificate of the results of the counting of the Vote Tally after the Recapitulation process recapitulation completed;
i. Provincial ELECTION COMMISSION provided a copy of a news event and a certificate of the results of the counting of the Vote Tally to Recap: 1. Prospective Couples present Witnesses each 1 (one) double; and 2. Bawaslu Province.
j. of the provincial ELECTION COMMISSION to announce the results of the vote tally tally of recapitulation in a public place or in a place which is easily accessible by the public including in the Office of the provincial ELECTION COMMISSION.
(2) compulsory Province Bawaslu submit a report of alleged infringement, diversion and/or errors in the implementation of the recapitulation of the calculation Results of candidate vote Tally to the Province.
5. The provisions of article 15 is amended so that Article 15 reads as follows: article 15 in overseeing implementation of the determination of election results of the provincial ELECTION COMMISSION and Kada in the Kabupaten/Kota, Bawaslu Panwaslu province and Kabupaten/Kota ensure: a. the Candidate who obtains more than 50% (fifty percent) of the total number of valid votes is set as the selected Candidate;
b. when the provisions referred to in letter a are not met, the Candidate who obtains the votes of more than 30% (thirty percent) of the total number of valid votes, the Candidate who gains the biggest voice of candidate declared to be elected;
c. in the event of the Candidate gains the largest voice as stated on the letter b there is more than one Candidate who gains his voice is the same, the determination of candidate elected is done based on the region of a wider vote tally;
d. If the conditions as stated on the letter c is not met, or there is nothing to achieve 30% (thirty percent) of the total number of valid votes, a second round of the election, do 18, followed by the winner of the first and second winner;
e. when the first winner as stated on the letter d retrieved the two Candidates, both Candidates will be entitled to followed the election second round;
f. when the first winner as stated on the letter d is obtained by three or more Candidates, the first and second ranking is done based on the region of a wider vote tally;
g. when the second winner as stated on the letter d is obtained by more than one Candidate, the turning is done based on the region of a wider vote tally; h. Candidates who obtained the most votes in the second round of candidate declared to be elected;
i. the province and district/city ELECTION COMMISSION set the Candidate who obtained the most votes in the second round as the Candidate elected by the provincial ELECTION COMMISSION Decision or the decision of the ELECTION COMMISSION district/city; j. determination process is done through the mechanism of plenary meetings of the provincial ELECTION COMMISSION and/or the district/city; and c. the determination of election results Kada according to the schedule set by the Province or the district/city based on Election Commission Regulation number 09 in 2010.
6. The provisions of article 16 is amended so that article 16 reads as follows: article 16 in case there are objections to the electoral vote count Result Assignment Kada from Candidates to the Constitutional Court, Bawaslu Panwaslu province and Kabupaten/Kota ensure: a. the province and district/city ELECTION COMMISSION delivered notices to Provincial and/or REGIONAL district/municipality concerning the objection of not longer than one (1) day after the objection;
b. in the event that the Constitutional Court's verdict amar stated that the applicant's plea of objection against the determination of the results of the electoral vote count Kada rejected, the provincial and the Kabupaten/Kota to convey the determination of candidate elected to each Candidate, Bawaslu Province and/or Panwaslu Kabupaten/Kota, provincial and/or REGIONAL district/city at least 3 (three) days after receiving the copy of the verdict;

c. in case of amar's ruling stated that the applicant's plea of objection against the determination of the results of the electoral vote count Kada received partially or completely, the provincial ELECTION COMMISSION and ELECTION COMMISSION and the ELECTION COMMISSION district/municipality implement the final award of the Constitutional Court no later than 3 (three) days after receiving the copy of the verdict and to report to the Constitutional Court as well as convey the determination of candidate elected at least three (3) days after the determination of the results of the plenary; and d. If the ruling of the Constitutional Court are ruling the sidelines, then the provincial and kabupaten/kota implement the ruling of the Constitutional Court within the specified deadlines and reporting the implementation of the ruling of the kepadaMahkamah Constitution.
7. The provisions of article 8 paragraph (3) and subsection (4) amended so that article 20 reads as follows: part three Follow-up Supervisory Results article 20 (1) the officer who handles the functions of supervision of the obligatory study of surveillance results of findings.
(2) the results of surveillance in the form of the findings referred to in subsection (1) is forwarded to the officer who handles the function handling offence for follow up.
(3) in the event that there is evidence enough of the commencement of infringement a criminal offence in the exercise of Elections determination of election results, Bawaslu Panwaslu province and Kabupaten/Kota reported to state police of the Republic of Indonesia in accordance levels respectively. (4) when the breach of the code of ethics found Election Organizers in the process of determination of election results Bawaslu.
(5) the election Supervisors overseeing the follow-up handling of the breach by the district/city and/or Provincial ELECTION COMMISSION as well as law enforcement officers.
(6) the provincial and Panwaslu Bawaslu Kabupaten/Kota is obliged to report the results of the surveillance referred to in paragraph (2), subsection (3), subsection (4), and subsection (5) to Bawaslu.
8. The provisions of article 11 paragraph (2) are amended so that Section 23 reads as follows: article 23 (1) Panwaslu Kabupaten/Kota ensure ELECTION COMMISSION district/city do the correction data after executing the checking and/or recapitulation of data contained in the certificate of the results of calculating earnings recap of sounds for PPK in question if there is a difference between the number of votes counting results recap of the certificate from the PPK and the certificate acquisition tally results recap votes received by the district/city.
(2) the provincial ELECTION COMMISSION ensure Bawaslu Province perform correction of data after executing the checking and/or recapitulation of data contained in the certificate of vote count results recap for the County/city in question if there is a difference of data number of votes at the counting results recap of the certificate from the Kabupaten/Kota with counting results recap of the certificates received by the Provincial ELECTION COMMISSION.
9. The provisions of article 25 paragraph (1) and paragraph (2) and paragraph (3) is deleted, so that Article 25 reads as follows: article 25 (1) reported the results of Provincial supervision Bawaslu movement of the voice box, recap of the results of the vote count, and the determination of election results to Bawaslu Kada.
(2) the Panwaslu Kabupaten/Kota reported the results of the surveillance of the movement of the voice box, recap of the results of the vote count, and the determination of election results for a Province to Kada Bawaslu Kada district/city Election and the general election with Provincial effluent to Kada Bawaslu.
10. The provisions of article 29 paragraph (1) is amended so that Article 25 reads as follows: article 29 (1) in order to anticipate the occurrence of disputes the results of the general election, Bawaslu Panwaslu province and Kabupaten/Kota is obliged to do the following: a. identify and inventory issues in the area of potential into a lawsuit in disputes the election results;
b. prepare affidavits related offences in question in dispute the results of the elections;
c. make a great book that describes the entire chronological activities already carried out Election in election Kada attached with sufficient evidence and signed by the Chairman and the members of Panwaslu; and d.  prepare data and documentation supervision and handling of violations that is complete and accurate.
(2) data and documentation supervision and handling of violations that is complete and accurate as referred to in paragraph (1), among others, consist of: a. a chronological record of handling documents and violations relating to the object of the dispute the election results;
b. documentation all over the handling of evidence reports/findings of violations related to the object of the dispute the election results; and c. a copy of the news show's voting and vote count, along with a certificate of the results of the calculation and the recapitulation of votes related to the object of the dispute the election results in accordance to their respective levels.
Article II of this Ministerial Regulation 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 ();