Electoral Supervisory Regulation Number 5 In 2012

Original Language Title: Peraturan Badan Pengawas Pemilihan Umum Nomor 5 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50f9254ea0b96e313233323138.html

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Back NEWS REPUBLIC of INDONESIA No. 388, 2012 ELECTION WATCHDOG AGENCY REGULATION number 5 in 2012 ABOUT the CHANGES to the REGULATION of ELECTION WATCHDOG AGENCY NUMBER 23 in 2009 ABOUT the SUPERVISION of ELECTION CAMPAIGN HEAD REGION and DEPUTY HEAD of the AREA by the GRACE of GOD ALMIGHTY the AGENCY SUPERVISOR elections, Considering: a. that in order to realize the election organisers who has integrity and berkredibilitas as well as the holding of elections based directly , General, free, confidential, honest, fair, and democratic supervision was carried out, it should be in the stage of election campaign Head and Deputy Head of the region;
b. 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 head of the General Election Campaign Surveillance region and Deputy Head of the region, needs to be established by regulation of the election Watchdog Agency;
c. 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;
d. that based on considerations as referred to in letter a and letter b, letter c, the need to establish Regulations governing body oversight of Elections about the supervision of election campaign 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. Act No. 11 of 2006 about the Government of Aceh (Sheet Republic of Indonesia Number 62 in 2006, an additional Sheet of the Republic of Indonesia Number 4633);
3. Law number 2 of 2008 on political parties (State Gazette of the Republic of Indonesia Year 2008 number 2, an additional Sheet of the Republic of Indonesia Number 4801), as amended by laws No. 2 2015 about political parties (State Gazette of the Republic of Indonesia number 8 in 2011, an additional Sheet of the Republic of Indonesia Number 5189);
4. 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);
5. 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 2005 number 6 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);
6. Government Regulation number 14 in 2009 about the procedures For State officials in carrying out election campaign (State Gazette of the Republic of Indonesia Number 31 in 2009, an additional Sheet of the Republic of Indonesia Number 4980);
7. Presidential regulation Number 49 in 2008 about the Organization and the work of the Secretariat of the Supervisory Committee's Secretariat and Election of Trustees Elections;
8. The Election Commission Regulation Number 31 in 2008 on a code of conduct for election Organizers;
9. The Electoral Commission Regulation Number 69 in 2009 about the technical guidelines General election campaign Head And Deputy Head of the region as amended by Ordinance No. 14 of 2010 ELECTION COMMISSION About changes to the rules of Election Commission Number 69 in 2009 about the technical guidelines General election campaign Head And Deputy Head of the region;
10. Electoral Supervisory Regulation number 3 of 2008 about the Organization and the work of the Secretariat of the Supervisory Committee and the Secretariat General election Election Watchdog, as amended by regulation of the election Watchdog Agency number 14 in 2009 about the changes to the regulation of Election Watchdog Agency number 03 in 2008 about the Organization and the work of the Secretariat of the Supervisory Committee's Secretariat and Election of Trustees Elections;
11. The regulation of Election Watchdog Agency number 13 in 2008 about the enforcement of the code of conduct for members of Election Organisers and the ranks of secretariat of Panwaslu, Bawaslu, Panwaslu field, and Panwaslu abroad;
12. Electoral Supervisory Regulation number 17 in 2009 about the Conduct of the election Supervisory Body;
13. Electoral Supervisory Regulation number 18 in 2009 about the layout work and Supervisory Relationship patterns of the general election Supervisory Committee, the provincial Election Supervisor of Elections Committee, County/City Chief Elections in the region and Deputy Head of the region;
14. Regulations the election Watchdog Agency Number 23 in 2009 about the supervision of election campaign Head region and Deputy Head of the region;
15. 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;
16. The 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;
Decide: define: ELECTION SUPERVISORY RULES REGARDING CHANGES to the REGULATION of ELECTION WATCHDOG AGENCY NUMBER 23 in 2009 ABOUT the SUPERVISION of ELECTION CAMPAIGN HEAD REGION and DEPUTY HEAD of the region.
Article I some provisions in the regulations of the election Watchdog Agency of the Number 23 in 2009 about the technical guidelines General election campaign Head and Deputy Head of the region, amended as follows: 1. The provision of article 1 point 2, Figure 6, Figure 8, Figure 9, Figure 10, Figure 16 and Figure 17 is amended so that article 1 reads as follows: article 1 In this regulation, the definition of : 1. General 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 to choose Kada Head 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. the Electoral Commission, hereinafter abbreviated Election Commission, Election Organizers is an institution that is national, fixed, and independent.
4. 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.
5. Election Committee Sub, PPK, is hereinafter referred to as the Committee formed by the Kabupaten/Kota to organise Elections in the sub-district or other designations.
6. 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.
7. Election of Trustees is formed based on the Kada legislation to conduct surveillance of the entire phase of the general elections of Kada.
8. The Agency Supervisor elections, further abbreviated Bawaslu, is the Agency in charge of overseeing the conduct of the Elections in the whole region Kada unitary State of the Republic of Indonesia.
9. The Committee of Trustees of the regional Head Election Committee Election and Provincial district/city, hereinafter referred to as 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.
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 officers field is formed by Panwaslu Sub-district overseeing organization of general elections in the village or the another name/village.
12. The regional Head of candidate and Deputy Head of the region, further abbreviated as candidate is a participant of the election of the head of the region and Deputy Head of the region and proposed or nominated by a political party or a combination of political parties and individuals, who have fulfilled the requirements and have been widely promulgated by the provincial Election Commission or Electoral Commission Kabupaten/Kota.
13. The election campaign Head and Deputy Head of the Regional Area is an activity undertaken by the candidate and the campaign team or managing officer/campaign/campaign to convince voters in order to get the maximum support.
14. Supervision of the election campaign of Kada is a observe, examine, inspect, and examine the process of the election campaign and elections Province Kada Kada district/city in accordance with the legislation.

15. implementing a campaign Team is a team formed by campaign prospective Candidates or political parties combined together political parties that propose or designate individual Candidates by the order of the names registered to the Province and/or the district/city or simultaneously with the registration of candidate designate responsible authorities and help organizing campaigns and is responsible for the technical implementation of the organizing campaign.
2. The provisions of article 3 letter b modified so that article 3 reads as follows: article 3 Surveillance against the implementation of the election campaign of Kada aims to ensure: a. the integrity of the conduct of the campaign so that takes place in a safe, orderly, peaceful, quality, and upholding the ethics of Westernization;
b. the existence of equal treatment by the organizers of the elections and the Government against all Kada candidate, political party or political party which upholds the joint candidate in preparing and organizing campaigns; and c. are invited, Kada election campaign according to the provisions of legislation.

3. The provisions of article 9 paragraph plus one i.e., paragraph (3) so that the article 9 reads as follows: article 9 (1) of the election Supervisors overseeing the compliance of candidate and campaign team against the provisions on the form of a campaign that includes: a. the meeting was limited;

b. face-to-face and dialogue;

c. dissemination of campaign material via print and electronic media;

d. General meeting;

e. dissemination of campaign material to the public;
f. installation of props at campaign venues and other places are determined by the Provincial ELECTION COMMISSION and/or the district/city; g. public debate/open between candidates; and h. other activities that do not violate laws and regulations.
(2) the supervision against form campaigners, as referred to in paragraph (1), is done by ensuring that the Organization of the form campaigners held on schedule, the time and place, as well as involving officers, participants, and the number of participants, in accordance with regulation perundangan-undangan.
(3) Supervision against the implementation of the campaign in the form of public debate/open between the candidate referred to in subsection (1) the letter g was implemented by making sure things are as follows: a. the campaign implemented by the Provincial ELECTION COMMISSION or ELECTION COMMISSION district/city;

b. the campaign was broadcast live by the electronic media;

c. the campaign implemented at most 5 (five) times;
d. the panelist in the campaign are determined by the Provincial ELECTION COMMISSION or ELECTION COMMISSION district/city;
e. the panelist in the campaign came from among professionals and academics, have high integrity, honest, sympathetic, and doesn't favor any one candidate;
f. participants in the campaign are those who are invited by the Province or district/city; and g. the format and content of candidate debates and moderators are selected FROM Provincial and/or district/city ELECTION COMMISSION must get approval from the partner/the agreement candidates debate.

4. The provisions of article 15 paragraph (2) and paragraph (3) are amended so that Article 15 reads as follows: article 15 (1) Election monitoring compulsory Kada actively towards the implementation of the election campaign of Kada.
(2) Supervision is actively against the election campaign Kada as referred to in subsection (1) is carried out by: a. identifying and mapping your offence-prone spots on the stage of the campaign;
b. identification and mapping your offence-prone points as stated on the letter a on the basis of: 1. the possibility of the subject or the perpetrator of the offence, among others, the organizer of the election with the election of candidate Minelayer, Kada, Tim Campaign prospective couples, officials of the State, community voters and other stakeholders; and 2. areas of supervision, namely the focus area/region/place surveillance with high mempertimbangan low levels of insecurity and the magnitude of the violations in the areas/regions/specific places based on the experience of previous Elections.
c. Select the target oversight on the material and schedule campaigns, campaign methods, and a ban on campaigning that is considered to have great potential violations;
d. requesting data and related information of the implementation of the election campaign organisers to Kada and other related parties, among other things: 1 the list of candidate's campaign Team arrangement;
2. candidate campaign material that contains the program mission and vision of the candidate; 3 schedule, shape, and location of the campaign;
4. letter of leave when conducting a campaign for State officials, officials of the structural, functional and officials who run; and 5. the notice of the implementation of the campaign of the candidate's campaign Team to police.

e. do other activities not prohibited by legislation.
(3) in order to maximize Election supervision Kada referred to in subsection (1) the supervisor of elections Kada can do the following things;

a. coordination with the local Government to oversee civil servant neutrality; b. partnership with state commissions;
c. encourage the role of the community as well as to perform supervision and the prevention of abuses in the election campaign of Kada;
d. establish partnerships with various organizations monitoring Elections Kada, civil society organizations, and professional organizations;
e. perform socialization to the candidate and the campaign Team in order to establish compliance with campaign laws and regulations; f. partnership with the mass media; and/or g. perform other activities not prohibited by legislation.
1. The provisions of article 16 is amended to read as follows: article 16 Coordination and cooperation as stipulated in article 15 paragraph (3) was carried out based on the principle of independence, openness, justice, legal certainty, professionalism, accountability, efficiency, and effectiveness.

2. The provisions of article 17 is deleted.

3. The provisions of CHAPTER VII SUPERVISORY COOPERATION and COORDINATION deleted.
4. Among the provisions of CHAPTER VII and Chapter VIII inserted one CHAPTER, namely CHAPTER VIIA, so that it reads as follows: Chapter VIIA FOLLOW-UP SUPERVISORY RESULTS ELECTIONS 5. Between article 19 and article 20 pasted one article, namely Article 19A, which reads as follows: article 19A (1) obligatory Election study findings over alleged violations of the election of the supervisory activities.
(2) alleged violation of Election as selected in paragraph (1) upon compliance with the provisions of legislation. 6. The provisions of article 20 is deleted.
7. Between article 20 and article 21 pasted one article, namely Article 20A, which reads as follows: article 20A For surveillance in the election campaign of Kada in the region of Aceh province, with the provisions of this regulation are applicable: a. the word Provincial ELECTION COMMISSION and/or the district/city Province recited KIP KIP and/or district/city in the territory of KIP Aceh province; and b. the word Panwaslu Kada Panwaslu Kada read Province Aceh.

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 fnFooter ();