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Regulation Of Election Watchdog Agency Number 15 In 2012

Original Language Title: Peraturan Badan Pengawas Pemilihan Umum Nomor 15 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 1109, 2012
GENERAL ELECTION CONTROL BOARD RULES
REPUBLIC OF INDONESIA
No. 15 YEAR 2012
ABOUT
ORDER THE WAY TO RESOLVE THE GENERAL ELECTION DISPUTE
MEMBER OF THE PEOPLE 'S REPRESENTATIVE COUNCIL, THE REGIONAL REPRESENTATIVE COUNCIL, AND THE REGIONAL PEOPLE' S REPRESENTATIVE COUNCIL

WITH THE GRACE OF THE ALMIGHTY GOD

CHAIRMAN OF THE GENERAL ELECTION SUPERVISING BOARD,

Weighing: that to implement the provisions of Article 259 paragraph (5) of the Law Number 8 of the Year 2012 concerning the General Election of the Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council, need to establish the Regulation of the Body General Election Supervisors on the Way of the General Election Disputes Member of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council;

Remembering: 1. Act No. 15 Year 2011 on Organizing General Elections (Sheets Of State Republic Of Indonesia In 2011 Number 101, Additional Sheet Of State Republic Of Indonesia Number 5246);
2. Act Number 8 of 2012 on Election of Members of the People's Representative Council, Regional Representative Council, and the Regional People's Representative Council (State Gazette 2012 Number 117, Additional Gazette of the Republic of Indonesia) Number 5316);
3. Presidential Regulation Number 80 of 2012 on Organization, Duty, Function, Authority, and Working Tata Secretariat General of the General Election Supervising Board, Secretariat of the Provincial Election Supervising Board, Secretariat of the General Election Supervising Committee District/City, and the Secretariat of the Supervisors Committee of the District General Election (2012 State Gazette Number 181);

DECIDED:

SET OF THE GOVERNING BODY 'S GOVERNING BODY REGULATIONS ON THE MANNER OF SETTLEMENT OF THE GENERAL ELECTION DISPUTE THE GENERAL ELECTION OF THE PEOPLE' S REPRESENTATIVE COUNCIL, THE REGIONAL REPRESENTATIVE COUNCIL, AND THE REGIONAL PEOPLE ' S REPRESENTATIVE COUNCIL.


BAB I
UMUM CONDITIONS
Section 1
In this General Election Supervising Board Regulation is referred to by:
1. The General Election, next abbreviated Election, is a means of the exercise of the sovereignty of the people held directly, general, free, secret, honest, and fair in the Unity State of the Republic of Indonesia based on Pancasila and the Act The Constitution of the Republic of Indonesia in 1945.
2. Elections Members of the People's Representative Council, Regional Representative Council, and the Regional People's Representative Council are the elections to elect members of the House of Representatives, the Regional Representative Council, the Provincial Regional Representative Council, and the House of Representatives. People of the Republic of Indonesia/City in the Union of the Republic of Indonesia based on Pancasila and the Basic Law of the Republic of Indonesia in 1945.
3. The House of Representatives, subsequently abbreviated to the House, is the People's Representative Council as referred to in the Basic Law of the Republic of Indonesia in 1945.
4. The Regional Representative Council, subsequently abbreviated DPD, is the Regional Representative Council as referred to in the Basic Law of the Republic of Indonesia in 1945.
5. The Regional People's Representative Council (DPRD), later abbreviated to the DPRD, is the Provincial Regional People's Representative Council and the KabupaTen/City Council of People's Representative Council, as referred to in the Basic Law of the Republic of Indonesia in 1945.
6. Election organizers are the governing body of the Election Commission and the Election Supervising Board as a single function of the election function to elect a member of the House of Representatives, the House of Representatives. The area, the Regional Representative Council, the President and the Vice President directly by the people, as well as to elect governors, regents, and mayors democratically.
7. The Electoral Commission, further abbreviated to the KPU, is the national, permanent, and independent Election Organizer who is in charge of implementing the elections.
8. The Provincial Electoral Commission, subsequently abbreviated as KPU Province, is the Election Organizer in charge of conducting elections in the province.
9. The District/City Elections Commission, further abbreviated as KPU Regency/City, is the Election Organizer in charge of conducting elections in districts/cities.
10.Body Election Supervising, further abbreviated as Bawaslu, is the Election Organizing institution responsible for overseeing the elections in all areas of the Republic of Indonesia.
11.Body Provincial Election Supervising, further abbreviated as Bawaslu Province, is a body formed by Bawaslu which is responsible for supervising the elections in the province.
12.Panitia Election Supervising/Kota, further abbreviated to Panwaslu Regency/Kota, is a committee formed by the Bawaslu Province which is in charge of supervising the elections in the county/city area.
13.Panitia Election Supervising District, next shortened to Panwaslu District, is a committee formed by the Panwaslu District/City which is responsible for overseeing the elections in the district or other names.
The 14.Supervising of the Field Election is an officer formed by Panwaslu District who is in charge of supervising the elections in the village or another name/agility.
15.Supervising Elections are Bawaslu, Bawaslu Province, Panwaslu Regency/City, Panwaslu Subdistrict, Superintendent of the Field Election, and Supervising of Foreign Elections.
16.Settlement Dispute is the process of bringing together parties by the Regents of Elections to obtain an agreement and a process of decision making by the Supervising Election if among the parties is not reached.
17.Report Violation is a report which is written in writing by a person/more Indonesian citizen who has the right to vote, election monitor, or Election Participant to the Election Supervisor on the alleged occurrence of a Member Election violation. The DPR, the DPD, and the DPRD.
18,Report Election Dispute is a dispute settlement application delivered by the applicant to Bawaslu, Bawaslu Province, or Panwaslu County/City or a report of violations categorized by Bawaslu, Bawaslu Province, or Panwaslu County/City as an Election dispute.
19.Musyawarah is the process of bringing together the parties by the Regents of Elections to obtain a deal.
The 20.Assembly Examiner is the Chairman of the Assembly and assisted at least 2 (two) members of the Assembly from Bawaslu, Bawaslu Province, and Panwaslu Regency/City which carried out the examination of the decision making.
A Peace Prize is a written document containing the written agreement of the parties and the mediator to settle disputes in deliberation.

BAB II
THE SCOPE, AUTHORITY, AND SETTLEMENT DISPUTE RESOLUTION
Section 2
(1) The Election Dispute consists of:
a. dispute between the Election participants in the process of holding the Election; and
B. Disputes between Election participants with KPU due to the issuer of KPU, KPU/KIP Province, or KPU/KIP District/City.
(2) Dispute as contemplated in paragraph (1), arising out of:
a. the difference of interpretation or a particular obscurity with respect to a matter of fact the activities, events, and/or provisions of the Election regarding the Election participants;
B. the circumstances in which the recognition or opinions of any of the Election participants get a rejection, a different recognition, and/or the avoidance of another Election participant; or
C. The decision of the KPU, KPU/KIP Province, and KPU/KIP District/City.


Section 3
(1) Bawaslu, Bawaslu Province, Panwaslu Regency/city, Panita Supervising Election District, Field Election Supervisor, and the Foreign Election Supervisor completed the dispute as referred to in Article 2 of the paragraph (2) letter a and letter b.
(2) Bawaslu completed the dispute as referred to in Section 2 of the paragraph (2) of the letter c as follows:
a. Disputes between the political parties of the election participants who did not qualify for verification with the KPU as a result of the election of the Election Commission on the Redemption of the Political Party of the Election Participant as referred to in Article 17 of the Act No. 8 of 2012; and
B. Disputes between prospective members of the House and DPD are excluded from the list of candidates fixed with the KPU as a result of the issuance of the KPU's decision on the Redemption of the Permanent Candidates List as referred to in Article 65 and Article 75 of the Law No. 8 of 2012.
C. Subordinates may delegate to Bawaslu Province against the Disputes between the provincial DPRD candidates and the district/city DPRD is excluded from the list of candidates fixed with the Provincial Commission and the District/City Council as a result of the issuer of the Decree of the State Council. Regarding the Fixed Term Listing as referred to in Article 75 of the Law No. 8 Year 2012.


Section 4
(1) The Settlement of the Election dispute with the prioration of the principle of deliberation and in accordance with the provisions of the laws.
(2) The Settlement of Election disputes is conducted at least 12 (twelve) business days since the receipt of the report or the findings.
(3) The Settlement of Election disputes as referred to in paragraph (1) is carried out on the basis of the stage: a. Acceptance of the terms and terms of the Service Review; and c. Deliberations.


BAB III
RECEIPT OF THE REPORT OR FINDINGS
Section 5
(1) Election disputes may be derived from the Report or the Findings.
(2) The report as referred to in paragraph (1) may be derived from:
a. a report that contains an Election dispute plea.
B. The Breach Report.
(3) The report as referred to in paragraph (2) of the letter a received by Bawaslu or Bawaslu Province is an invocation.
(4) The reports referred to as referred to in paragraph (2) of the letter b are the Infringement Report as referred to in Section 249 of the Law No. 8 of 2012 and the Bawaslu Regulation No. 14 Year 2012 About the Reporting System and Election Violations of the People's Representative Council, House of Representatives Daerahm and the Regional People's Representative Council, which are categorized as electoral disputes.


Section 6
(1) The Election violation report is referred to in Article 5 of the paragraph (2) of the letter b and Article 5 of the paragraph (4) may be delivered by: a. Indonesian citizens with the right of choice;
B. election monitoring; or
c. Election participants.
(2) The Election Breach Report as referred to in paragraph (1) may be: a. Election organizer ' s code violation;
B. Election administration violation;
c. Election dispute; and
D. Election criminal.
(3) In the case of the Election Breach Report as referred to in paragraph (2) have been studied and proven to be correct as an Election dispute, Bawaslu, Bawaslu Province, and Panwaslu County/City resolve Election dispute 12 (twelve) business days since it has been declared an election dispute.
(4) In the event of an Election dispute regarding the Decree of KPU, KPU/KIP Province, and KPU/KIP County/City, the report of the breach is stated as Election Dispute as referred to in paragraph (3), Report filed a Report containing the request the resolution of the dispute as referred to in Article 5 of the paragraph (2) of the letter a and Article 5 of the paragraph (3).
(5) The manner of the Electoral Infringement Report as referred to in paragraph (3) refers to the Bawaslu Regulation Number 14 of 2012 on the Way of Reporting and the Handling of the Election Offences of the Members of the People's Representative Council, the Council The Regional Representative, and the Regional People's Representative Council.


The Kesatu section
Request
Section 7
(1) A request as referred to in Section 5 of the paragraph (2) of the letter a and Article 5 of the paragraph (3) is submitted directly to Bawaslu or Bawaslu Province
(2) Requests as referred to in paragraph (1) related to the decision of the KPU, KPU/KIP Province, and the KPU/KIP District/City that cross the candidate of the DPR, DPD, and the DPRD of the list of remaining candidates due to falsification of documents or use A false document in the administrative requirements of a candidate and/or candidate, was filed after a court ruling of a fixed legal force that stated the question was not proven.


Paragraph 1
The Parties
Section 8
The parties in the Election dispute as referred to in Article 7 are made up of the Applicant, Please, And The Relevant Party.

Section 9
(1) The applicant dispute as referred to in Article 8 is made up of: a. the political party of the candidate of the election; B. Election participants ' political parties; and
c. prospective members of the House, DPD, and DPRD are listed in the list of temporary candidates and/or list of permanent candidates.
(2) The political party as referred to in paragraph (1) letter a is the political party that has registered as an Election participant in the KPU.


Section 10
(1) In the case of the applicant as referred to in Article 9 of the paragraph (1) of the letter a and the letter b, the application of the dispute is filed and signed by the General Speaker and General Secretary of the Political Party or another designation.
(2) In the case of the applicant as referred to in Article 9 of the paragraph (1) of the letter c, the request of the dispute is filed and signed by the concerned.


Section 11
(1) The applicant as referred to in Article 9 may be accompanied by a designated legal power.
(2) The designation of legal power as referred to in paragraph (1) must go through the special power letter of the applicant.


Section 12
Please as referred to in Section 8 is:
a. KPU, KPU/KIP Province, and KPU/KIP District/Kota;
B. political party of the election participants; or
c. prospective members of the House, DPD, and DPRD.


Section 13
(1) Requesting as referred to in Section 12 may be accompanied by a designated legal power.
(2) The designation of legal power as referred to in verse (1) must go through a special order of power please.


Section 14
(1) In terms of Bawaslu or Bawaslu Province view the need to present a party other than the applicant and beg, Bawaslu or Bawaslu Province may present a related party.
(2) The associated party as referred to in paragraph (1) is a potentially aggrieved party for a dispute.
(3) The associated party as it is referred to in verse (1) in order to defend its own interests.


Section 15
(1) The applicant, please, and/or related parties in the process of settlement of the dispute come directly and/or may be accompanied and/or represented by the respective legal powers that obtain a special power letter and/or a captions to it.
(2) In the event of being viewed as necessary, Bawaslu or Bawaslu Province may call the applicant, Please, and/or related parties to come directly in the process of dispute resolution.


Paragraph 2
Set The Request For The Request
Section 16
(1) The request is written in Indonesian which contains the formal terms and materials of the application.
(2) The formal terms as referred to in paragraph (1) contain:
a. The agency in which to resolve the dispute is either Bawaslu or Bawaslu Province;
B. The applicant's identity consists of:
1. The applicant name;
2. The applicant ' s address;
3. phone/fax; and
4. The applicant ' s position as referred to in Article 9.
c. The identity please consist of:
1. Please name;
2. PLEASE ADDRESS;
3. phone/fax; and
4. PLEASE BE REFERRED TO IN SECTION 12.
(3) The material terms as referred to in paragraph (1) contain a clear description of:
a. the authority resoles the dispute as referred to in Article 3;
B. immediate interest of the applicant over the dispute resolution;
C. dispute/object object; and
D. the things that are asked to be decided.
(4) Petitions are made in written form and signed by the applicant above the Materai Rp 6,000.
(5) The invocation of the Cloud Service is subject to the terms of the IBM International Cloud Service ("IBM").


Section 17
(1) The application as referred to in Article 16 is attached to the document proof tool, which is made in 7 (seven) double.
(2) The evidence of the document as referred to in verse (1) is given a sufficient stamp of it.
(3) The dispute is filed unburdened with no charge.


Section 18
(1) Dispute Requests are submitted to Bawaslu or Bawaslu Province through the secretariat carrying out functions in the area of dispute settlement.
(2) The dispute (s) as specified in the paragraph (1) attaches the supporting evidence of the KPU, KPU/KIP Province, and the disputed KPU/KIP City/City as well as other evidence tools.
(3) In the event the applicant will present a witness and/or expert witness then the plea of dispute is subject to the listing of the witness list and/or the list of expert witnesses containing: a. witness identity and/or expert witness; and b. Witness statements and/or expert witnesses.


Third paragraph
Administration and Registration inspection
Section 19
(1) The recipient of the application to check the application of the application and its attachments and provide the file receipt form to the applicant.
(2) In the event of a request to be declared not complete, the applicant is obliged to complete within a term of at least 3 (3) business days since the notice of the completeness was delivered by the recipient of the invocation.
(3) In the case of the applicant not to supplement its application as referred to in paragraph (2), the field of dispute settlement publishes news of the return request event that the plea is not registered and returned to Please.


Section 20
(1) The recipient of the request forward forwarded the request file which has been declared complete to the dispute settlement field on the same day to the dispute settlement field.
(2) The recipient of the request forwarded the request file as referred to in paragraph (1) using the release event news form.


Section 21
(1) The subject of the Dispute Resolution is set forth in accordance with the terms of Section 20 to the register of the dispute resolution.
(2) The application of the Cloud Service is not to be used for the following:


Section 22
(1) The subject of the Contractual Completion is written notice to the slowest of the days since the request was made in the register of the dispute settlement request.
(2) The delivery of the notification to the person referred to in paragraph (1) is performed by the official letter and is attached to 1 (one) the invocation.


Section 23
The format of the invocation and form as referred to in Article 16 to Section 22 is listed in an appendix that is an inseparable part of the Supervising Board Regulation this Election.

BAB IV
THE STUDY
Section 24
(1) Bawaslu, Bawaslu Province, and Panwaslu Regency/City made and compiled the study of the election dispute after receiving the Plea or declaring a report of misconduct as a dispute.
(2) The presentation as specified in the paragraph (1), contains:
a. interests and demands of the petitioner and beg;
B. the facts and the details obtained from the petitioner and beg; and
c. interim analysis Bawaslu, Bawaslu Province, and Panwaslu Regency/City.
(3) Bawaslu, Bawaslu Province, and Panwaslu Regency/City in collecting the facts and captions as referred to in verse (2) the letter b may make the earlier clarification before the Musyawarah is conducted.
(4) The early clarification as referred to in verse (3) aims to dig up the truth and trace the interests of the Applicant And please.


Section 25
The initial review and clarification as referred to in Section 24 as set forth in the existing form in the appendix that is an inseparable part of the Supervising Board Regulation.

Section 26
(1) In the event of a dispute regarding the Decree of the KPU, KPU/KIP Province, and KPU/KIP Regency/City, Bawaslu or Bawaslu Province conducted a preliminary examination by making and compiling a preliminary study before the Musyawarah was conducted.
(2) The presentation as referred to in paragraph (1) is performed against the fulfillment of the application requirements as follows:
a. the authority to resolve the subject matter of the dispute;
B. The parties are in dispute;
c. formal and material terms of the plea;
D. the substance of the plea is based on decent reasons; and
e. A plea was filed before his time or time.
(3) The presentation referred to in paragraph (1) and paragraph (2) is performed at least 1 (one) business days after the request is set forth in the register of dispute resolution request.
(4) The preliminary presentation is conducted by the dispute settlement field.
(5) Bawaslu listed the preliminary review into the News Event and the Decree of the preliminary review 1 (one) of the working days since the preliminary review is done.
(6) The decision as referred to in paragraph (5) states:
a. Application is accepted; or
B. The request was not accepted.
(7) The News of the Event and Decision as referred to in paragraph (5) are poured in the Form as set forth in this Regulation attachment.
(8) The Decision Reading as referred to paragraph (6) is performed by at least 1 (one) of the members of Bawaslu or Bawaslu Province in an open meeting attended by the applicant.
(9) In terms of the decision of the results of the preliminary study stating the application is accepted, then the dispute settlement process is resumed with deliberations.


BAB V
DELIBERATION
The Kesatu section
The Deliberation Order
Section 27
(1) The Mediator and/or Assistant Mediator is required to maintain the order of the Musyawarah process.
(2) The Mediator and/or Assistant Mediator may request the security officer to perform certain actions in accordance with the laws.
(3) In the case of the Applicant, Please, The Relevant Party, the Witness, and the Expert will convey an opinion and/or the response, must obtain the permission of the Mediator.
(4) The applicant, Supplied, Related Parties, Witnesses, and Experts, who attend the mandatory Yawarah:
a. dress politely and tidy;
B. attend the Yawarah according to the specified time; and
c. Show respect to Mediator and/or Assistant Mediator.


Section 28
Petitioners, Please, Related Parties, Witnesses, and Experts are prohibited:
a. carrying weapons and/or objects that can harm or interfere with the course of deliberations;
B. conduct an act that may interfere with the deliberations and/or denigrate the honour and the authority of the Bawaslu, the Bawaslu Province, or the Panwaslu Regency/Kota;
c. damages the means, infrastructure, or deliberations equipment;
D. insult and/or denigrate the dignity or honor of Mediator, facilitator, Other Party, officer, and/or member of Bawaslu/Bawaslu Province/Panwaslu Regency/Kota;
e. provide a statement in the deliberations that contain the threat to the independence of the Mediator and/or the Assistant Mediator.


The Second Part
Performance of the Yawarah
Section 29
(1) Bawaslu, Bawaslu Province, or Panwaslu Regency/City carry out deliberations after conducting a study against the applicant.
(2) In the conduct of deliberations as referred to in paragraph (1), Member Bawaslu, Bawaslu Province, or Panwaslu Regency/City acts as a mediator and may be assisted by other parties as Assistant Mediator.
(3) The Assistant Mediator as referred to in paragraph (2) is required to meet the requirements:
a. have a leadership understanding;
B. have experience in the settlement of an Election dispute;
c. nonpartisan and impartial;
D. does not have conflicts of interest with the Applicant And Please;
e. professional; and
f. Can be accepted by a party of disputes.
(4) The Determination Of The Mediator and the Assistant Mediator as referred to in verse (2) and verse (3) is conducted in the plenary plenary of Bawaslu, Bawaslu Province, or Panwaslu Regency/City.
(5) The (5) report referred to in verse (1) is carried out in the deliberations room which has been provided by Bawaslu, Bawaslu Province, and Panwaslu Regency/City.
(6) In the conduct of the mandatory deliberation to comply with the provisions of the applicable laws.


Section 30
(1) The (1) Yawarah as referred to in Section 29 of the paragraph (1) is required to be attended by the applicant, please and/or its ruler.
(2) In the event of a dispute regarding the Decree of the KPU, KPU/KIP Province or KPU/KIP District/City, Please after being called 2 (two) times in consecutive and valid times are not present in the deliberations, Bawaslu or Bawaslu Province through the plenary meeting decided to continue the decision-making check
(3) The following: (3) the following: (2) the following: (2) the following:


Section 31
(1) The agreement which the agreement has reached is written in writing and signed by the applicant and the mediator in a peace agreement.
(2) The Peace Agreement as referred to in paragraph (1) is read by a mediator in a meeting that is open to the public.


Section 32
In terms of deliberation not reached agreement then the mediator reports to Bawaslu, Bawaslu Province, or Panwaslu County/City to be taken the Decision.

Section 33
The mechanism of implementation of the deliberation as referred to in Article 29 to Section 32 is listed in the Attachment which is an inseparable part of this Subordinate Ordinance.

BAB VI
DECISION MAKING
The Kesatu section
Decision Making Order
Section 34
(1) The applicant, Requesting, Related Parties, witnesses, experts, and visitors who attend a mandatory decision-making check:
a. dress politely and tidy;
B. required to be a calm, and polite manner;
c. present in the decision space according to the specified time; and
D. Show some respect to the Examiner's Assembly.
(2) In terms of the parties, witnesses, and the Expert shall convey an opinion and/or the response, in advance of having the permission of the Assembly of Torture.


Section 35
(1) The decision-making check Visitor is prohibited:
a. carrying a weapon and/or object that can harm or interfere with the course of the decision making;
B. perform actions that may interfere with the decision making and/or denigrate the honour and the authority of the Bawaslu, Bawaslu Province, or the Panwaslu Regency/Kota;
c. taming the means, infrastructure, or decision-taking equipment;
D. insult and/or denigrate the dignity or honor of a mediator, facilitator, Other Party, officer, and/or member of Bawaslu/Bawaslu Province, or Panwaslu Kabupaten/Kota;
e. provide an expression or statement in the examination of the decision which is in the form of a threat to the independence of the Examiner Assembly;
f. provide support, comments, suggestions, responses, or to submit objections to the information provided by the witness or expert during the trial of the decision-taking.
(2) The obligation as referred to in Article 34 and the prohibition as referred to in paragraph (1) except the paragraph (1) of the letter f, apply also to the Applicant, Beg, Witness, and Expert.


The Second Part
Decision-making execution
Section 36
(1) Bawaslu Province, or Panwaslu Regency/City calling the applicant, Please and the relevant parties to follow the termination of the termination examination process.
(2) The process of examining the termination as referred to in paragraph (1) is carried out by the Assembly of Torture.
(3) The Assembly of Torture as referred to in paragraph (2) is defined with the Decree of the Chairperson of Bawaslu, Bawaslu Province, or Panwaslu Regency/City.
(4) The Examiner ' s Assembly is led by a Speaker of the Assembly and 2 (two) members of Bawaslu Province, or Panwaslu Regency/City.
(5) The follow-up call to follow the vetting process as referred to in paragraph (1) is sufficiently delivered by the Chief Inspector of the Examiner at the time of the termination of the termination examination.


Section 37
(1) Decision checks and decision readings are performed in the examination room provided to check in order of decision making and reading the decision.
(2) Prior to the decision of the decision making, the Chairman of the Inspector Assembly examined the identity and capacity of the applicant, Beg, Witness, and/or Expert.
(3) The decision making check is carried out in a way:
a. listening to the material delivered the applicant, Please and the related parties;
B. matching the evidence tool;
c. listening to the expert witness and expert information; and
D. conducted a plenary meeting of the Assembly of Torture.


Section 38
The evidence tool as referred to in Article 37 of the paragraph (3) of the letter b is:
a. letter or writing;
B. expert captions;
c. witness description;
D. electronic document; and
e. The recognition of the parties.

Section 39
The letter or inscription as referred to in Article 38 of the letter a consists of:
a. An authentic deed, a letter made by or in the presence of a general official, who according to the laws of authority makes the letter with the intent to be used as a proof tool about events or legal events. listed in it;
B. the deed under the hand, which is a letter made and signed by the parties concerned with the intent to be used as a proof tool about the event or the legal events listed therein; and/or
c. A letter or other writing that is not a deed.


Section 40
(1) The expert ' s hand as referred to in Article 38 of the letter b is the opinion of the person given under oath in the process of proof of what he knows according to his experience and knowledge.
(2) The Expert in question as referred to in paragraph (1) may be submitted by the Applicant, Please, Related Parties, or be called upon the order of the Examinists Assembly
(3) The expert examination as referred to in verse (2) begins by asking the identity of the expert (name, place of birth/age, religion, work, and address), his expertise and his willingness to take oath or promise according to his religion and beliefs. To give a description according to his expertise.
(4) The oath or expert promise is as follows:
" I swear/promise as the expert will provide the caption that
actually corresponds to my expertise "
For the Islamic faith it is preceded by "For God's sake"
For those Protestant Christians and Catholics are closed with "May God help me"
For the Hindu religion begins with "Om Atah Parama Wisesa"
For the sake of Hyang Buddha I swear ... "ended with" Saddhu, Saddhu, Saddhu "
For those who are religious, follow their respective religious rules.


Section 41
(1) The testimony of the witness as referred to in Article 38 of the letter c as a tool of proof if the description relates to the matter experienced, seen, or heard by the witness himself.
(2) In the event of need, Bawaslu, Bawaslu Province, or Panwaslu Regency/City may present an Election Supervisor overseeing the ency of the Election at the lower level for questioning.
(3) The witness who gives the description as referred to in verse (1) is taken oaths or promises in accordance with his religion before the examination is carried out.
(4) The oath or witness promise is as follows:
"I swear/promise as a witness will give the actual captions none other than the real"
For the Islamic faith it is preceded by "For God's sake"
For the Protestant and Catholic Christians to be closed with "May God help me".
For the Hindu religion begins with "Om Atah Parama Wisesa"
For the Buddha's religion begins with " Namo Sakyamuni Buddhaya. Demi
Hyang Buddha I swear ... "ended with" Saddhu, Saddhu, Saddhu "
For those who are religious, follow their respective religious rules.


Section 42
Electronic documents as referred to in Section 38 of the d d are electronic information created, forwarded, transmitted, accepted, or stored in analogue, digital, electromagnetic, optical, or similar, visible, or similar, visible, or otherwise. displayed, and/or heard through a computer or electronic system, including but not limited to writing, sound, images, maps, designs, photographs or the like, letters, signs, numbers, access codes, symbols or perforations that have meaning or meaning? or can be understood by the person who is able to understand it.

Section 43
The parties ' recognition as referred to in Article 38 of the letter e cannot be retracted.

Section 44
(1) The decision of the Electoral Examiner of the Election Disputes is decided in a meeting of a closed decision-making meeting and is read in a meeting that is open to the public.
(2) Bawaslu, Bawaslu Province, or Panwaslu Regency/City delivered a copy of the Decree of the completion of the Election Dispute to the Applicant And please.
(3) A copy of the Election Dispute Decision as referred to in paragraph (2) is announced through the official homepage of Bawaslu, Bawaslu Province, Panwaslu Regency/City
(4) The format and content of the Decision Form as referred to in paragraph (1) are listed in the Attachment which is an inseparable part of this Directive.


Section 45
The mechanism of execution of the decision-making examination process as referred to in Article 36 and Section 44 is listed in the Attachment which is an integral part of the Bawaslu Regulation.

BAB VII
COMPLETED AND THE COMPLETION OF THE ELECTORAL DISPUTE
Section 46
The Election Dispute Resolution is declared complete if:
a. have been reached as mufakat; or
B. The Election Supervisors have made a final and binding ruling except the decision of Bawaslu or Bawaslu Province against the electoral dispute relating to the verification of the Political Party of the Election participants and the list of candidates for permanent House members, the DPD, Provincial DPRD, and DPRD district/city.


Section 47
(1) The Election Dispute Settlement is declared dead if:
a. The applicant and/or Beg Death of the world;
B. Please have fulfilled the demands of the applicant before the process of settling the Election dispute; or
C. The petitioner revoked his petition.
(2) The decision of the settlement of the dispute as referred to in paragraph (1) is poured in the Decree of the Election Disputes as set forth in the Attachment which is an inseparable part of the Bawaslu's regulations.
(3) In the event of a dispute regarding the decision of the KPU, KPU/KIP Province, or KPU/KIP District/City revoked its request by the applicant and performed before the reading of the results of the preliminary examination results, then the revocation is included in the the decision of the results of the preliminary examination and is read at the time of the reading of the preliminary
(4) The decision regarding dispute resolution is read in front of the parties and is open to the public.


BAB VIII
SECRETARIAT
Section 48
(1) In the process of solving disputes related to the verification of the Political Party of the Election Participant and the list of candidates fixed members of the DPR, DPD and the provincial DPRD, and the district/city DPRD, Bawaslu and Bawaslu Province may form a dispute settlement team for Assessing, collecting evidence, and ballast.
(2) The dispute resolution team as referred to in paragraph (1) is formed under the Decree of the Secretary General Bawaslu or the Head of the Provincial Undersecretary of the Province.


Section 49
(1) In the process of completion of the Election Disputes, members of Bawaslu, Bawaslu Province, or Panwaslu Regency/City, assisted by 1 (one) secretary person.
(2) The secretary (s) as referred to in the paragraph (1) is responsible for taking notes in the process of deliberating and taking the termination.


BAB IX
CLOSING PROVISIONS
Section 50
This General Election Supervising Board ' s rules are starting to apply at the designated date.

In order for everyone to know, ordered the invitational of the Supervising Board of the Election Board of Elections with its placement in the Republic of Indonesia News.
Set in Jakarta
on October 25, 2012
CHAIRMAN OF THE GENERAL ELECTION WATCHDOG,

Muhammad.

Promulgated in Jakarta
on November 9, 2012
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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