Electoral Supervisory Regulation Number 9 In 2012

Original Language Title: Peraturan Badan Pengawas Pemilihan Umum Nomor 9 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fa0287d0bf03313233323230.html

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Back NEWS REPUBLIC of INDONESIA No. 392, 2012 ELECTION WATCHDOG AGENCY REGULATION number 9 in 2012 ABOUT the CHANGES to the REGULATION of ELECTION WATCHDOG AGENCY NUMBER 29 in 2009 ABOUT the SUPERVISION of the PROCUREMENT and DISTRIBUTION of SUPPLIES VOTING and VOTE COUNT in the ELECTION of the HEAD and DEPUTY HEAD of the AREA by the GRACE of GOD ALMIGHTY the AGENCY SUPERVISOR elections, Considering: a. that the holding of elections for the realization of the head and Deputy Head of the regional area directly , General, free, confidential, honest, equitable, democratic and quality, then the head of the election supervision area and Deputy Head of the region have to do with integrity and berkredibilitas;
b. to ensure that terlayaninya voters in using the right pilihnya through the holding of elections of the head of the region and Deputy Head of the region in a timely manner with the availability of the entire voting equipment, then the need for oversight of the entire process of procurement and distribution of supplies voting and the vote count;
c. that in order the execution of the tasks, authority, and responsibilities of Election Watchdog Agency in accordance with Article 73, article 74, and article 120 paragraph (1) of Act No. 15 of 2011 about organizers of the elections, then the Procurement and distribution of Equipment supervision of voting and counting of votes in the Election of the head and Deputy Head of the Regional areas, need to be defined by regulation Supervisory of elections;
d. that in accordance with the provisions of article 132 paragraph (2) of Act No. 15 of 2011 about organizers of the elections, in terms of the election of Governors, Regents and mayors, which will take place before the formation of Bawaslu by law number 15 year 2011 about organizers of the elections, the formation of the Trustees for the election of Governors, Governors, and mayors are bound to the provisions of the legislation in force prior to the Act No. 15 of 2011 enacted;
e. that the Election Supervisory Regulation Number 29 in 2009 Oversight of procurement and distribution of Supplies voting and vote count in the Election of the head and Deputy Head of the region is no longer appropriate with the development and needs of the supervision of the elections of the head region and Deputy Head of the region;
f. that based on considerations as referred to in letter a, letter b, letter c, letter d, letter e and need to set the rules of the electoral Watchdog Agency about changes to the rules of the election Watchdog Agency Number 29 in 2009 about the supervision of the procurement and distribution of Supplies voting and vote count in the Election of the 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 Election Organizers (Gazette of the Republic of Indonesia Number 101 in 2011, an additional Sheet of the Republic of Indonesia 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 Tahun2005, 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 2005 number 6 about the election, Appointment Confirmation, and the dismissal of the head of the region and Deputy Head of the regional (State Gazette in 2008 Indonesia Number 92 Additional Sheets, the Republic of Indonesia Number 4865);
4. Presidential regulation Number 54 in 2010 about Government procurement of goods/services;
5. The Electoral Commission Regulation Number 27 in 2008 about the ballot box To vote on the Election of members of the House of representatives, the regional representative Council, and the regional people's representative Council in 2009 as modified by the Commission Regulation Number 47 Elections in 2008;
6. The Electoral Commission Regulation Number 28 in 2008 about the Sound Booth for the purposes of Voting in the general election of members of the House of representatives, the regional representative Council, and the regional people's representative Council in 2009, as amended by Regulation Number 48 Electoral Commission in 2008;
7. The Electoral Commission Regulation Number 62 in 2009 about the stages of Drafting Guidelines, Program Schedules, and organization of the Elections of the regional Head and Deputy Head of the region;
8. The Electoral Commission Regulation Number 66 in 2009 about the setting of norms, standards, procedures and Requirements for the procurement and distribution of Supplies of organizing elections of the head of the region and Deputy Head of the area, as amended by Commission Regulation No. 17 general election in 2010;
9. The Electoral Commission Regulation Number 72 in 2009 about the guideline Procedures the implementation of voting and counting of Votes the election of regional Heads and Deputy Heads of Polling areas as amended by Electoral Commission Regulation No. 15 of 2010;
10. 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;
11. The regulation of 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;
12. Electoral Supervisory Regulation number 6 in 2012 about the supervision of voting and counting of Votes at the polls in the general election of the head and Deputy Head of the Regional Area;
Decide: define: REGULATION of ELECTION WATCHDOG AGENCY ABOUT CHANGES to the RULES of the ELECTION WATCHDOG AGENCY NUMBER 29 in 2009 ABOUT the SUPERVISION of the PROCUREMENT and DISTRIBUTION of SUPPLIES VOTING and VOTE COUNT in the ELECTION of the HEAD and DEPUTY HEAD of the region.
Article I some provisions in the regulations of the election Watchdog Agency Number 29 in 2009 about the supervision of the procurement and distribution of Supplies voting and vote count in the Election of regional Heads and Deputy Heads of regional, amended as follows: 1. The provision of article 1 Figure 7, Figure 8, Figure 3 is removed, and the number 18 amended so that article 1 reads as follows: article 1 In this regulation , that is: 1. Election, hereinafter called the election, is a means of implementing the people's sovereignty is exercised 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. Electoral Commission, hereinafter called the Election Commission, Election Organizers is an institution that is national, fixed, and independent.
6. The Provincial Electoral Commission and Electoral Commission district/city, hereinafter referred to as the provincial and the Kabupaten/Kota, is the organizer of the elections in the province and kabupaten/kota. 7. Removed.

8. Deleted.
9. The Group of organizers of the ballot, hereafter KPPS, is a group formed by a voting Committee hereinafter called PPS to organise voting in polling stations.
10. The Electoral Supervisory Body, hereinafter called Bawaslu, is the agency that oversees the Organization of the Elections throughout the territory of the unitary State of Republic of Indonesia.
11. the head of the Election Committee of the Regional Committee Election of the province and Kabupaten/Kota, hereafter Panwaslu Panwaslu province and Kabupaten/Kota, is a Committee formed by the Organization of the Elections to oversee Bawaslu Kada in the province and kabupaten/kota.
12. The Committee of Trustees Panwaslu Sub-district was formed by Panwaslu Kada district/city to supervise the holding of the elections in the region of Kada subdistrict or any other name.
13. Election of the field is a watchdog set up by Panwaslu Kada Subdistrict to watch over the conduct of the Elections in the village of Kada or another name/village.
14. Election Watchdog Bawaslu, Kada is Panwaslu Panwaslu Kada province, Kabupaten/Kota, Kecamatan, and Kada Panwaslu Election field. 3. Removed 16. The supervision of elections are activities to observe, assess, examine, and evaluate the process of conducting Elections according legislation.
17. The polls, hereinafter referred to as TPS, is the place of performance of the voting.
18. the voice box and the sound booth is the voice box and walk-in votes as stipulated in article 71 the 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 area, as amended by regulation of the Government No. 17 in 2005 and the Government Regulation number 25 of 2007.
2. The provisions of article 5 the letter a is changed, so that article 5 reads as follows:

Article 5 supervision of procurement and distribution of supplies voting and vote count conducted by: a. Bawaslu, Panwaslu Panwaslu provincial, Kabupaten/Kota, Kecamatan Kada Panwaslu, Election Supervisors and Election field for Kada Province; and b. Bawaslu, Panwaslu Kabupaten/Kota, Kecamatan, and Panwaslu Election field for Elections Kada district/city.
3. The provisions of article 9 amended so that article 9 reads as follows: article 9 in conducting oversight towards the procurement of supplies and ballot counting, Supervisor of elections make sure things are as follows: a. procurement of supplies of the poll and the count adjusted with scheduled stages;
b. the design, quality, technique of folding the printed ballot is not beneficial or detrimental to one or more candidates;
c. Design and technique of folding the ballot is done to avoid the possibility of the occurrence of coblos translucent;
d. procurement of supplies voting and vote count in the form of the ballot box, sound booth, ballot along with other administrative completeness, candidate lists, the list of voters stay, ID KPPS and identification witnesses, the notice to vote, voter card, technical form completion guide voting and counting of votes at POLLING STATIONS including the manuscript of the oath/promise KPPS, and lock and key are performed in a timely manner so that it can be accepted by the KPPS at least 3 (three) days prior to the day and date of voting and counting of votes; and e. the procurement administrative completeness of voting and counting of votes at POLLING STATIONS in the form of distinctive mark/ink, tools and tool pencoblos pencoblosan voicemail, disabled template, the seal of the election, voting and event news form the vote count at POLLING STATIONS (form C-series KWK-ELECTION COMMISSION along with their attachments), and other fittings consisting of glue, rubber/straps, labels, markers, paper, black plastic bags, and ballpoint.

4. The provisions of article 11 of the letters e and f is amended so that article 11 reads as follows: article 11 supervision of equipment procurement process against the voting and the vote count is focused on the possibility of: a. the occurrence of errors in design, film-making of the separation, and the plate printed ballots so that beneficial or detrimental to one or more candidates;
b. the occurrence of an error in the printing process so that the ballot is favorable or detrimental to one or more candidates;
c. the number of ballots printed does not equal the number of electors who registered on the list of Electors Remain coupled with 2.5% (two and a half per hundred) of the number of voters;
d. the ballots to the outside from printing without the knowledge of the provincial ELECTION COMMISSION or ELECTION COMMISSION district/city; e. the specifications and the number of the ballot box does not comply with the requirements;

f. specifications and the number of walk-in votes not according to your needs;

g. the occurrence of the fault folding the ballot;
h. presence of TPS that do not allow voters to vote directly, free, and secret;
i. the presence of POLLING STATIONS set up in locations that are difficult to reach by the voter, including by disabled voters; and j. the unavailability of the completeness of the administration of the voting and the vote count more as set out in the legislation.

5. The provisions of article 12 letter a is removed, so that article 12 reads as follows: article 12 Supervision towards the process of distributing voting and vote count equipment focused on the possibilities: a. deleted;
b. assignment ballots does not match with the number of voters who will vote in their respective POLLING STATIONS;
c. Administrative completeness of allocating voting and vote count does not correspond to the needs of each POLLING STATION; and d. the unavailability of the voting and vote count equipment in KPPS 3 (three) days prior to the day and date of voting.
6. The provisions of article 4 amended so that article 16 reads as follows: article 16 (1) the supervisor of elections mandatory reporting results of Kada oversight of procurement and distribution of supplies the election ballot Kada.
(2) Report the results of the surveillance referred to subsection (1) contains the findings of the alleged violation or breach is not done using a form Model C KWK-3 Attachment Rules Bawaslu No. 1 in 2012 about the supervision of the elections of the head of the region and Deputy Head of the region.
(3) in the event of a report of the results of supervision in the form of findings are forwarded to an alleged violation of section handling offence accompanied by preliminary evidence.
(4) the forwarding of findings of alleged violation as referred to paragraph (2) was performed using the form Model C KWK-3 Attachment Rules Bawaslu No. 1 in 2012 about the supervision of the elections of the head of the region and Deputy Head of the region.
7. Among the provisions of article 16 and article 17 insert one (1) Article 16a Article i.e. which reads as follows: article 16a (1) in case of violation of rules by the company procurement then Election can coordinate with local goods/services Procurement policy of the Government (LKPP) as the authorized institution.
(2) in the case found the existence of irregularities in the procurement of equipment to the vote then the Election can coordinate with Agency Financial Examiner (CPC) to present the Center or its representation at the local level. 8. The provisions of article 20 amended so that article 20 reads as follows: article 20 (1) Election results reporting for mandatory Kada oversight of procurement and distribution of Election voting equipment on Election Watchdog ranks Kada on it.
(2) Report the results of the surveillance referred to in paragraph (1) may contain findings of alleged infringement or not violations.
(3) Election Kada mandatory review findings of alleged violations is obtained from the implementation of oversight of procurement and distribution of voting equipment.
(4) a report containing the findings of surveillance results of alleged violations forwarded to actionable offenses to handling section as set forth in rule Bawaslu number 2 in 2012 about the procedures for the reporting and handling of violations of Electoral Districts and the Deputy Head of the region. 9. The provisions of article 22 amended so that section 22 reads as follows: article 22 (1) in order to optimize the supervision of procurement and distribution of supplies the election ballot Kada, Election can do the coordination and cooperation with related stakeholders conducting Elections Kada.
(2) the coordination and cooperation as referred to in paragraph (1) was organized on the basis of the principle of independence, openness, justice, legal certainty, professionalism, accountability, efficiency, and effectiveness.
(3) Cooperation Mechanism for the supervision referred to subsection (1) and paragraph (2) are based on the regulations of 28 year 2009 Number Bawaslu about Supervisory Cooperation Guidelines of organizing elections of the head of the region and Deputy Head of the region.
Article II of these regulations comes into force on the date specified.

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 April 5, 2012 ELECTION WATCHDOG BODY'S CHAIRMAN, BAMBANG EKA JUDY WIDODO Enacted in Jakarta on April 5, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN lamp fnFooter ();