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Regulation Of Election Watchdog Agency Number 13 In 2012

Original Language Title: Peraturan Badan Pengawas Pemilihan Umum Nomor 13 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 1080, 2012
GENERAL ELECTION CONTROL BOARD RULES
REPUBLIC OF INDONESIA
No. 13 YEAR 2012
ABOUT
THE GENERAL ELECTION SUPERVISION LAYOUT

WITH THE GRACE OF THE ALMIGHTY GOD

CHAIRMAN OF THE GENERAL ELECTION SUPERVISING BOARD,

Weigh: a. that general election oversight is conducted in order to realize the establishment of a democratic, direct, public, free, secret, honest, fair, and qualified general election, as well as the implementation of the laws regarding the general election. Thoroughly;
B. that to enforce the integrity of the organizer, the transparency of the holding and accountability of the general election results need to be conducted supervising the
c. that in order to perform the duties, authority, and obligations of the Supervising Board of the General Election under the provisions of Article 73, Section 74, and Section 120 of the paragraph (1) Act No. 15 of 2011 on the Organizing of the General Election, then the supervision of the Election General, it needs to be established with the General Election Supervising Board Regulation;
D. that Regulation of the Election Supervising Board No. 4 of 2008 on the Election Oversight Mechanism Member of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council, the General Election Supervising Board Regulation No. 8 2009 on the Presidential Election Oversight Mechanism and Vice President, and Regulation of the General Election Supervising Board No. 1 of 2012 on the Regional Electoral Supervision Mechanism and the Deputy Regional Head of the State (the Republican Gazette) Indonesia Year 2012 No. 384) is no longer in compliance with the needs and the development of general election oversight;
e. that under consideration as intended in the letter a, the letter b, the letter c, and the letter d, need to specify the General Election Supervising Board Regulation on the General Election Surveillance System;

Given: Act No. 15 of 2011 on Organizing General Elections (State Sheet Indonesia Year 2011 Number 101, Additional Gazette Republic of Indonesia Number 5246);

DECIDED:

Establish: REGULATION OF GENERAL ELECTION SUPERVISORS ABOUT THE GOVERNANCE OF GENERAL ELECTION OVERSIGHT.

BAB I
UMUM CONDITIONS
Section 1
In this Regulation, which is referred to:
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 Presidential Election and the Vice President are Elections to elect the President and Vice President in the Union of the Republic of Indonesia based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945.
4. The election of the Governor, the Regent, and the Mayor is the Election to elect the governor, regent, and the mayor democratically in the State of the Union of the Republic of Indonesia based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945.
5. Election participants are political parties for the Elections of the People's Representative Council, the Provincial Regional Representative Council, and the District/City Regional People's Representative Council/City and the individual for the Election of the Regional Representative Council.
6. The Presidential Election Participant and the Vice President are the spouses of candidates for the President and the Vice President who have been established by the Electoral Commission.
7. The Regional Chief Election Participant and the Deputy Head of the Regions are the presumpted spouses of regional heads and the deputy heads of the area that have been established by the Electoral Commission.
8. The organizers of the Election 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.
9. The Electoral Commission, further abbreviated to the KPU, is the national, permanent, and independent Election Organizer who is in charge of implementing the elections.
10.The Provincial Election Commission, subsequently abbreviated as KPU Province, is the Election Organizer in charge of conducting elections in the province.
11.3 Central Election Commission/City, further abbreviated as KPU Regency/Kota, is an Election Organizer in charge of conducting elections in the district/city.
12.Panitia Election District, further abbreviated as PPK, is a committee formed by the District/City Council to organize elections in other subdistricts or names.
13.Panitia Voting, further abbreviated to PPS, is a committee formed by the Regency/City Commission to organize elections at the village level or other design/kelurahan.
14.Body Election Supervising, further abbreviated as Bawaslu, is an Election Organizing institution responsible for overseeing the elections throughout the Republic of Indonesia.
15.Badan Provincial Election Supervising, further abbreviated as Bawaslu Province, is a body formed by Bawaslu which is responsible for supervising the elections in the province.
16.Panitia Election Supervising District/City, further abbreviated to Panwaslu Regency/City, is a committee formed by the Bawaslu Province which is in charge of supervising the elections in the district/city area.
17.Panitia Election Supervising District, next shortened to Panwaslu District, is a committee formed by the Panwaslu District/City that is responsible for overseeing the elections in the district or other names.
18,Regents of the Field Election were officers formed by Panwaslu District who were in charge of supervising the elections in the village or another name/agility.
19.Supervising Foreign Elections is an officer formed by Bawaslu who is in charge of supervising the elections abroad.
3. Supervision to the execution of Election oversight duties conducted by Election Supervisors at all levels;
4. Supervision of Election supervision planning by Bawaslu Province;
5. coaching on Election Supervisors at all levels in carrying out the duties and authority of the Election Supervisors;
6. Evaluation of the implementation of the Election oversight; and
7. Election surveillance results reporting.
b. Bawaslu Province performs:
1. The drafting of the Election oversight plan in the Province region;
2. Supervision to supervising planning by Panwaslu Regency/Kota;
3. Supervision for the execution of the Supervising Board of Elections/Kota;
4. coaching on the execution of Election oversight duties conducted by Panwaslu County/Kota; and
5. Reporting for implementation of Election supervision at the Provincial level to Bawaslu.
c. Panwaslu Regency/City performs:
1. The drafting of an Election oversight plan in the District/City area includes the District Election Supervisor and the Supervising Board of Elections;
2. Supervision to the execution of Election Supervising tasks at its lower level; and
3. Reporting of surveillance results in the District/City region.


Section 8
Bawaslu may delegate the coaching duties to Bawaslu Province in the implementation of the Regent/Mayor Election.

BAB IV
SUPERVISION STRATEGY
The Kesatu section
General
Section 9
(1) Election supervision is implemented using preventive and oppressive strategies.
(2) The Prevention as referred to in paragraph (1) is performed with the actions of measures, and the optimal efforts prevent prematuation of potential violations and/or initial indications of misconduct.
(3) The review as referred to in paragraph (1) is done in accordance with the Bawaslu regulations on the Reporting Method and the Infringement Infringement.


Second Part
Prevention Focus
Section 10
(1) The Prevention of Election violations is focused on Election organizers, election participants, campaign teams, governments, communities, voters and all parties to the provisions of the laws regarding the Election.
(2) The Prevention of Election violations committed by Election organizers as referred to in paragraph (1), focused on:
a. The untrue and inordinate of the process of implementation of the elections in accordance with the laws of the law;
B. non-openings in the process of execution of any election stage;
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D. Or the inclination towards the election participants and/or other campaign teams or desigcountries;
e. disobedience to the prohibition on any stage of the election; and
f. The deeds that are categorized as an electoral violation
(3) The prevention of Election violations committed by election participants and/or other campaign teams or desigcountries as referred to in paragraph (1), focused on:
a. undetermined time of submission of the nomination administration and campaign funds report that is required to be submitted at any Election stage;
B. Nomination administration, campaign funds, data or documents required or required to be submitted on any Election stage;
c. Inrighteousness and the validity of the data or documents required or required to be submitted at any stage of the Election;
D. disobedience to the prohibition on any stage of the election; and
e. The deeds that are categorized as an electoral violation
(4) The Prevention of Election violations committed by voters and the public as referred to in paragraph (1), focused on:
a. disobedience to the ban on any election stage; and
B. The deeds that are categorized as an electoral violation
(5) The violation of the Election violations committed by the government as referred to in paragraph (1), is focused on:
a. Inclination or inclination towards a political party, a spouse of a candidate, or a particular campaign team;
B. disobedience to the ban on any election stage; and
c. An act that is categorized as an Election violation.


BAB V
SURVEILLANCE MECHANISM
The Kesatu section
General
Section 11
(1) Before carrying out Election supervision, Election Supervisers conduct identification and mapping of the potential for breach of breach at:
a. every election stage; and
B. other important aspects that do not include the Election stage.
(2) The identification and mapping of breach-prone potential as referred to in paragraph (1) is determined based on:
a. order or ban set in the laws of the laws;
B. Unequivocal and unequivocal provisions of law that may result in multitapation;
c. The existence of the difference of interpretation between stakeholders in understanding the rules of the laws of the laws;
D. the subject or perpetrator of the potentially committing a breach; and
e. The area of surveillance by increasing the height of the low level of captivity and the magnitude of potential violations in certain regions based on previous election experience.
(3) Based on the identification and mapping of breach-prone potential as referred to in paragraph (1) and paragraph (2), the Election Superviser determines the focus of its supervision.


Article 12
(1) To the potential prone to violations of the breach, the Regents of Elections conduct preventive measures.
(2) The precautions as referred to in paragraph (1) can be done through:
a. the strengthening of interagency coordination in preventing the occurrence of the breach;
B. increased cooperation between agencies;
c. increased transparency and accountability of Election implementation;
D. exercise the socialization of the provisions of the Election-related laws; and e. other activities that are not contrary to thef the Election Supervising recommendation; and
D. implementation of the supervision as referred to in the letter a, letter b, and the letter c under the command of the Bawaslu.


Section 7
The election watchdog in carrying out Election oversight as referred to in Article 6, carries out functions according to its level:
a. Bawaslu performs:
1. Drafting standard of supervising standards;
) Election Supervising at all levels is required to draft a report on the results of the Election surveillance.
(2) The results of the Election oversight results as referred to in paragraph (1) consist of:
a. report of each Election stage; and
B. The final report of the entire election.
(3) The results of the Election oversight results as referred to in paragraph (2), are conducted by the General Election Supervising of the Election Supervising at the top level with the provision as follows:
a. Field Election Supervisor delivers a report of the process and the results of supervision to the Panwaslu Subdistrict;
B. Panwaslu Subdistrict delivers process reports and supervision results to Panwaslu Regency/Kota;
C. The District/City Panwaslu delivers process reports and supervising results to the Provincial Bawaslu; and
D. Subordinaslu Province delivered the report of the process and the supervision results to Bawaslu.
(4) The Terms of Use Requirements and the Election Surveillance reporting format are governed by the Bawaslu Regulation.


BAB IX
OTHER PROVISIONS
Section 25
For the purposes of execution of the duties and obligations of the Election Supervising, Bawaslu sets out:
a. the governance of the surveillance on each Election stage in the Bawaslu regulations; and
B. form and type of form for the purposes of Election supervision.

BAB X
CLOSING PROVISIONS
Section 26
At the time this Regulation is in effect, the provisions concerning the supervision mechanism of the Election of the Regional Head and Deputy Chief of Regions as set in Regulation of the General Election Supervising Board Number 1 of 2012 on the Election Oversight Mechanism The General Regional Head and Deputy Head of the Regions, declared still to remain in effect as long as it does not conflict with these rules.

Section 27
At the time this Regulation comes into force:
a. General Election Supervising Board Regulation No. 4 of 2008 on the Election Oversight Mechanism Member of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council; and
b. Regulations of the Supervising Board of Elections Number 8 Year 2009 on the Presidential Election Oversight Mechanism and Vice President,

revoked and specified does not apply.

Section 28
The rules are starting to apply at the designated date.

For everyone to know it, order the invitational of this ordinance with its placement in the News of the Republic of Indonesia.
Specified in Jakarta
on October 24, 2012
CHAIRMAN OF THE GENERAL ELECTION SUPERVISORS BOARD,

Muhammad.


It is promulred in Jakarta
on 31 October 2012

MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN


lamp bn1080-2012: lamp "s14"> (1) The election supervisor in conducting surveillance is equipped with a duty letter and/or identification tag.
(2) The letter of duty as referred to in paragraph (1), is set in the Bawaslu Regulation on the Service Ordinance.
(3) The supervising of the election may be possible to carry the tools of surveillance equipment with writing, camera, voice recording devices, image recorders, and other video and video.


BAB VI
FOLLOW UP SURVEILLANCE RESULTS
Section 19
(1) Surveillance results may be preliminary information of potential violations and/or findings of alleged misconduct.
(2) Public reports delivered are not directly categorized as preliminary information for the Supervising Board of Elections.
(3) The Election Supervisor performs the drill over the truth of the report as referred to in paragraph (2).


Article 20
Against potential violations as referred to in Article 19 of the paragraph (1), Election Supervisers conduct activities:
a. convey a message to the Election Organizer, Election participants, the government and the public, prior to the execution of each stage;
B. provide an early warning to strategic groups that potentially commit a breach;
(c) IBM may not use any of the following:
D. Conduct an education to a community related to the violation of the election and the participation of
e. perform intensive coordination with KPU and its broadcasts, Election participants as well as government/related agencies or services;
f. provide input to the KPU related to the setting in the KPU Regulation which may result in a breach; and
G. Perform other activities that are not in conflict with the laws.


Section 21
(1) The Election Supervisor compiled a report of surveillance activities by using the A-1 model form.
(2) Against the results of supervision containing the alleged misdemeanour as referred to in Article 19 of the paragraph (1), Election Supervisor:
a. created a description of the alleged findings of the breach that were poured in the A-2 model form and equipped with preliminary evidence;
B. forwarded the alleged violation to the field of handling violation by using the A-3 model form;
c. conduct the handling of the breach in accordance with the conduct of the infringement handling as set out in the Bawaslu Regulation.
(2) The initial evidence as referred to in paragraph (1) of the letter is:
a. witness description;
B. mail or document;
c. photo and/or video;
D. electronic document; and/or
e. A campaign tool.


BAB VII
COMMUNITY PARTICIPATION
Section 22
(1) Public participation in Election oversight may be conducted with:
a. monitoring;
B. delivery of preliminary reports and/or initial information of alleged misconduct;
C. study;
D. surveillance campaign; and
e. other forms that do not violate the provisions of the laws.
(2) In order to increase the public participation as referred to in paragraph (1), Election Supervisor:
a. encourage the role of the public to conduct election oversight;
B. providing adequate information, means or facilities to make it easier for the public to access information on Election oversight; and
c. Prepare a means or facility that is easy for the public to convey information, complaint and/or Election infringement report.


Section 23
The provisions regarding the manner of cooperation in Election supervision are set out in the Bawaslu Regulation.

BAB VIII
SURVEILLANCE RESULTS REPORTING
Section 24
(1