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Act No. 23 Of 2003

Original Language Title: Undang-Undang Nomor 23 Tahun 2003

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ADDITIONAL
STATE SHEET RI

No. 4311 (Explanation Of State Sheet 2003 Number 93)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 23 YEAR 2003
ABOUT
PRESIDENTIAL ELECTION AND VICE PRESIDENT

I. UMUM

1. Basic Thinking
.,
.,, the Opening of the Basic Law of the Republic of Indonesia of Indonesia in 1945 the fourth paragraph, among others, stated that the independence of Indonesia was composed in a Basic Law formed in a framework of the Republic of Indonesia. the sovereign of the people.
.,, the Basic Law of the Republic of Indonesia Year 1945 after the change, Article 1 of the paragraph (2) states that "sovereignty is in the hands of the people and exercised according to the Basic Law". This change means that the sovereignty of the people is no longer exercised entirely by the MPR, but is exercised under the provisions of the Basic Law. One form of the sovereignty of the people is the holding of the General Election either to elect a member of the House, the DPD, and the DPRD and to elect the President and the Vice President, all of which are exercised by law as the embodiment of the state within the framework of the Republic of Indonesia.
., Article 6A The Basic Law of the Republic of Indonesia in 1945 states that "the President and Vice President are elected in one pair directly by the people" and "The Couple Candidates for President and Vice President are proposed by the political party" or the joint political party of the general election participants before the implementation of the General Election ". The President and Vice President are elected every five years through direct, public, free, secret, honest, and fair elections, organized by a national, permanent, and independent election commission.
.,, the political party is the main conduit to fight for the will of the people, the nation, and the state at once as a means of caderization and the recruiters of national leadership. Therefore, the participants of the Presidential Election and the Vice President are Candidates for Candidates proposed by political parties or a combination of political parties whose determination is held democratically and openly in accordance with the internal mechanisms of political parties. or an agreement between a political party that joins.
.,, the General Election of the President and the Vice President directly by the people is a political process for the Indonesians towards a more democratic and responsible political life. Therefore, in order to ensure the implementation of the Presidential Election and a qualified Vice President, meet a degree of healthy, participatory competition, and can be held accountable for the need to be drafted into the Law on the Presidential Election and the Vice President. President.

2. Destination
.,
.,, the Presidential Election and the Vice President are organized with the aim of electing the President and the Vice President who gained the strong support of the people so as to exercise the functions of the power of the state government in order to The national objectives are as mandated by the Constitution of the Republic of Indonesia in 1945.

3. Asas
.,
., under Article 22E of the paragraph (1) of the Basic Law of the Republic of Indonesia in 1945, the Presidential Elections and the Vice President are executed directly, general, free, secret, honest, and fair.
Direct
.,, the People as electors have the right to vote directly according to his will and his conscience without intermediaries.
General
., basically all citizens who meet the requirements in accordance with this Act are entitled to the Election. A general election contains the meaning of ensuring a full effect on all citizens, without discrimination based on ethnicity, religion, race, class, gender, area, employment, and social status.
Free
.,, every citizen who is entitled to vote, is free to determine his choice without any pressure and coercion from anyone. In carrying out his right, each citizen is guaranteed his security so that it can vote according to his will and conscience.
Secrets
.,, in giving his voice, voters are guaranteed that his choice will not be known by any party and by any path. Voters cast his voice on the ballot by not being able to be known to anyone else to whom his voice was given.
Honestly
.,, in the event of an election, each election organizer, government apparatus, spouse of candidates, political parties, campaign teams, election monitors, election monitors, voters, as well as all related parties must act and act honestly in accordance with the Legislation.
Fair
.,, in the holding of the Election, each Election organizer and all associated parties must behave and act fairly. Voters and prospective couples should get fair treatment and free from cheating any party.

., 4. The election of the Presidential Election and the Vice President of the Presidential Election and the Vice President is a series with the elections of the People's Representative Council, the Regional Representative Council and the Regional People's Representative Council. Years. The election of the President and the Vice President directly by the people will give a strong legitimacy to the President and the Vice President elected to exercise the functions of the power of the state government.
.,
.,, the KPU and its devices as Election organizers of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council are also the organizers of the Presidential Election and the Vice President, whose terms are adapted to the the provisions of this law. The provisions of the KPU and its devices as set out in the Law Number 12 of 2003 concerning the General Election of the Members of the People's Representative Council, the Regional Representative Council, and the Regional People's Representative Council apply also in law. This, and the unregulated provision in Law Number 12 of 2003, was enacted in this law.

. .5. The participants of the Presidential Election and the Vice President as well as the Nomination of Candidates for the President and the Vice President are the candidates for the candidate proposed by political parties or a combination of political parties that meet the requirements. A political party or joint political party can only propose a prospective spouse who meets the requirement of at least 15% of the House seat or at least 20% of the national election vote in the election. Congressman. Such arrangements were intended for political parties as a means for the political participation of the people in proposing candidates had made an early selection for the future Presidential candidate and vice presidential candidate. In addition to the requirements for political parties or the combined political parties, the candidates for the Vice President and the Vice President should meet the requirements as set out in the Constitution of the Republic of Indonesia in 1945.
.,
., Furthermore, the determination of at least two candidate couples who will be elected by the people is directly intended to allow the people to have the opportunity to choose the best candidate mate.

., 6. Supervision, Monitoring, and Enforcement of the Law of Oversight and Election Monitoring are conducted based on an asas of accountability. The oversight of the Election was conducted to accommodate and follow up on the complaint of violations and disputes. The oversight of the election of the President and the Vice President is conducted by the Supervising Board of Elections as referred to in Law Number 12 of 2003 on the General Election of the Members of the House of Representatives, the Regional Representative Council, and the Council The Regional People's Representative of the Regions is adjusted according to this law. The handling of the violations and settlement of the electoral dispute and which concerns the administrative provisions as well as the governance of the election is carried out by the Law enforcement concerns the criminal provisions being conducted by the courts in the general judicial environment. The settlement of disputes over the results of the President and the Vice President is conducted by the Constitutional Court.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, pretty clear.

Section 3
.,, Verse (1)
., clear enough.
Verse (2)
.,, the Presidential Election and the Vice President are exercised on holidays or days that are purposefully aimed at providing a wider opportunity to the public to use their right to vote without the psychological burden of carrying out activities. another that can interfere with the concentration of the aspiration of its aspirations at the time of the vote.
Verse (3)
., clear enough.
Verse (4)
., clear enough.

Section 4
.,, pretty clear.

Section 5
.,, Verse (1)
.,, which is meant by a joint political party is a combined 2 (two) political party or more to nominate a prospective partner before the registration time is closed. The union of political parties is evidenced at least in the form of political parties ' agreements in order of candidacy.
Verse (2)
.,, the announcement of a candidate's name is intended for the benefit of a political party or a combination of political parties or voters to get to know the Presidential candidate and the candidate for Vice President proposed by a political party or a combination of political parties.
Verse (3)
.,, Pretty Clear
Verse (4)
., the political party or the joint political party in meeting the requirements to propose a prospective partner can only use one of the percentage of the number of House seats or percentage of the legal electoral votes of the House.

Section 6
.,, the letter a
" Who is the Lord of the Lord of the Lord, and the Lord of the Lord, and the Lord of the Lord, and the Lord of the Holy One?
Letter b
., the citizens who are candidates for the President and the Vice President are citizens who have acculturated the cultural values, customs and authenticity of the Indonesian nation, as well as having the spirit of patriotism and the soul of the State of State. Unity of the Republic of Indonesia.
The one meant by never accepting citizenship because of its own will is never a citizen other than the citizen of the Republic of Indonesia or never had two citizenship of its own will.
Letter c
., which is meant to never betray the country is never to engage the separatist movement, have never committed a movement unconstitutional or with violence to change the base of the country as well as never breaking the The Constitution of the Republic of Indonesia in 1945.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
., clear enough.
Letter h
., clear enough.
Letter i
., clear enough.
The letter j
(It is said): "It is not for you to do anything that is wrong with the truth." Letter k
., clear enough.
Letter l
.,, in terms of candidates 5 (five) the last year is not wholly or unqualified as a taxpayer, a tax liability count since the candidate becomes taxpayer.
Letter m
., clear enough.
Letter n
., referred to twice as a term in the same office is the one who has not served in the same office for two consecutive terms, both consecutive and non-consecutive, even though the tenure of the office is not in the same office. less than 5 (5) years.
Letter o
.,, a loyal requirement to Pancasila as the basis of the state, the Constitution of the State of the Republic of Indonesia in 1945, and the ideals of the proclamation of 17 August 1945 were based on recommendations and guarantees by the leadership of a political party or a joint party. Politics.
The letter p
., the terms of the letter p are excluded for those who have already received amnesty and/or rehabilitation.
Letter q
., clear enough.
Letter r
., clear enough.
Letter s
.,, the terms of the letter s are included for members of other prohibited organizations according to the laws.
Letter t
., clear enough.

Article 7
.,, pretty clear.

Article 8
.,, pretty clear.

Article 9
.,, pretty clear.

Article 10
.,, pretty clear.

Article 11
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
.,, budget usage by the KPU, its description is conducted periodically by the Financial Examiner ' s Agency.
The letter g
., clear enough.

Article 12
.,, pretty clear.

Article 13
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
.,, the use of the budget sourced from APBN by KPU Province, its description is conducted periodically by the Financial Examiner Agency.
The use of the budget sourced from the APBD by the Provincial Commission, the examination is performed periodically by the Financial Examiner and/or other functional supervisors.
Letter h
., clear enough.

Section 14
.,, pretty clear.

Article 15
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
.,, the use of budget sourced from APBN by KPU County/City, its description is conducted periodically by the Financial Examiner ' s Agency. Use of the budget sourced from APBD by KPU Regency/City, its description is conducted periodically by the Financial Examiner Body and/or other functional supervisors.
Letter h
., clear enough.

Section 16
.,, pretty clear.

Section 17
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
.,, the procedure of procuring the ballot and its equipment is carried out in accordance with the laws.

Article 18
.,, pretty clear.

Section 19
.,, Verse (1)
., clear enough.
Verse (2)
.,, the distribution of ballots is done with regard to the principles of effectiveness and efficiency.
Verse (3)
., clear enough.
Verse (4)
., clear enough.

Section 20
.,, Verse (1)
., clear enough.
Verse (2)
.,, an additional voter list is a list of new voters that differ from voter lists on the House of Representatives elections, DPD, and DPRD. The addition of new voters is due to the eligible age of voters, due to marriage, because of the change in status of TNI/Polri to a civil status, or other cause.

Section 21
.,, the Exchange of proof of registration proof with voter card was carried out after it was announced a permanent voter list.

Article 22
.,, pretty clear.

Section 23
.,, pretty clear.

Section 24
.,, pretty clear.

Section 25
.,, pretty clear.

Article 26
.,, pretty clear.

Section 27
.,, the letter a
.,, referred to as the leader of the political party is the general chairman and general secretary of the political party or other leadership designation according to the authority based on the basic budget/household budget of the political party.
Letter b
., clear enough.
Letter c
.,, referred to as the leader of the political party is the general chairman and general secretary of the political party or other leadership designation according to the authority based on the basic budget/household budget of the political party.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
., clear enough.
Letter h
., clear enough.

Article 28
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
.,, the KPU examines the nomination papers and the completeness of the requirements by doing clarification on the instance that provides the captions. The public can provide an input to the KPU on the completion of the candidate's partner's requirements with the support of written evidence.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
., clear enough.
Verse (7)
., clear enough.

Article 29
.,, pretty clear.

Article 30
.,, pretty clear.

Article 31
.,, pretty clear.

Section 32
.,, Verse (1)
., referred to as a fixed impediation is the death of the world or no longer qualised as a candidate for the President and the Vice President's nominee.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.

Section 33
.,, pretty clear.

Article 34
.,, pretty clear.

Section 35
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
., clear enough.
Verse (7)
., clear enough.
Verse (8)
., clear enough.
Verse (9)
.,, referred to as arranged and facilitated by the KPU is the KPU governing that the execution of the envision of the vision, mission, and Program of the Candidates for the most time at most 3 (three) days the source of its celebration by the KPU.
Verse (10)
., clear enough.

Section 36
.,, pretty clear.

Section 37
.,, Verse (1)
., clear enough.
Verse (2)
.,, the Candidates Partner may not use the opportunity to install ads not used by other Candidate pairs.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
., clear enough.
Verse (7)
., clear enough.
Verse (8)
., clear enough.
Verse (9)
., clear enough.

Article 38
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
.,, referred to by disrupting public order is a state that allows the hosting of government, public service, and community activities cannot take place normally.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
.,, for educational grounds, excluded from the preoccupation/getting permission from the leadership of the institution of education by providing equal opportunity to the election participants as well as not interfering with the learning process.

Article 39
.,, pretty clear.

Section 40
., referred to state officials in this Act include the President, the Vice President, the head of the non-department government agencies, the governors, the deputy governors, the regents, the deputy regent, the mayor, and the deputy mayor.
A favorable or adverse decision/policy is based on a significant complaint and is supported with evidence.

Section 41
.,, pretty clear.

Article 42
.,, Verse (1)
.,, referred to by promising and/or giving, his initiative comes from a candidate and/or a Campaign Team that promises and gives to influence voters.
Verse (2)
., clear enough.
Verse (3)
., clear enough.

Article 43
.,, Verse (1)
., clear enough.
Verse (2)
.,, the special Account is opened on behalf of the Candidate Partner and on behalf of the Campaign Team since the Lead Couple is set by the KPU and closed one day after the campaign period ended. The acceptance of the campaign funds can only be passed into a special account on behalf of the Candidate Partner, whose use can be through the Campaign Team account.
Verse (3)
., clear enough.
Verse (4)
.,, the financing is not in the form of money should be convertible into the value of the money and its value should not exceed the extent of the donation set out in this Act.
Verse (5)
., clear enough.
Verse (6)
., clear enough.
Verse (7)
., clear enough.

Section 44
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
., in question the campaign funds report is a campaign fund report before or after the audit. What it means to be nurtured is documented as a state archive.

Section 45
.,, pretty clear.

Section 46
.,, pretty clear.

Section 47
.,, pretty clear.

Section 48
.,, pretty clear.

Section 49
.,, pretty clear.

Section 50
.,, pretty clear.

Section 51
.,, pretty clear.

Section 52
.,, pretty clear.

Section 53
.,, pretty clear.

Section 54
.,, pretty clear.

Section 55
.,, pretty clear.

Section 56
.,, pretty clear.

Section 57
.,, pretty clear.

Section 58
.,, pretty clear.

Section 59
.,, pretty clear.

Section 60
.,, pretty clear.

Section 61
.,, pretty clear.

Section 62
.,, pretty clear.

Article 63
.,, pretty clear.

Section 64
.,, pretty clear.

Section 65
.,, pretty clear.

Section 66
.,, pretty clear.

Section 67
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., which is meant by the wider acquisition of the vote is the preeminent candidate in more provincial, county/city numbers.
Verse (4)
., which is meant by the wider acquisition of the vote is the preeminent candidate in more provincial, county/city numbers.

Section 68
.,, Verse (1)
.,, to submit objections to the designation of the President ' s Election results and the Deputy
The President, a Prospective Spouse may give power to political parties or the joint political party that proposes, the Campaign Team, or the lawyer. The objection is proposed by the slowest 3 (three) days or 3 times 24 hours and after that the Constitutional Court is required to provide confirmation to the KPU against any or no objections to the establishment of the Presidential Election and the Vice President.

Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.

Section 69
.,, pretty clear.

Section 70
.,, pretty clear.

Section 71
.,, pretty clear.

Section 72
.,, pretty clear.

Section 73
.,, Verse (1)
.,, referred to as the region is province, or district/city, or subdistrict, or the representative of the state of the Republic of Indonesia abroad.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.

Section 74
.,, pretty clear.

Section 75
.,, which is referred to areas that the President and Vice President's election activities are unlikely to do normally are areas with martial law status, areas with civil emergency status and/or areas that are in conflict.

Section 76
.,, pretty clear.

Section 77
.,, pretty clear.

Article 78
.,, pretty clear.

Section 79
.,, pretty clear.

Article 80
.,, pretty clear.

Section 81
.,, pretty clear.

Section 82
.,, pretty clear.

Section 83
.,, pretty clear.

Article 84
.,, pretty clear.

Section 85
.,, pretty clear.

Section 86
.,, pretty clear.

Section 87
.,, pretty clear.

Article 88
.,, pretty clear.

Section 89
.,, pretty clear.

Article 90
.,, pretty clear.

Section 91
.,, pretty clear.

Section 92
.,, referred to by the organizers who can be sanctioned are the KPU, KPU Province, KPU Regency/City, PPK, PPS, PPLN, KPPS, KPPSLN, and Election Supervisers. The only candidate who can be sanctioned is the candidate and/or her campaign team.

Section 93
.,, pretty clear.

Section 94
.,, the Government Regulation on the financial rights of the leadership and members of the KPU, the leadership and members of the Election Supervising Committee is drawn up with regard to the Civil Servant Payroll Ordinance as well as the principles of state financial management.

Section 95
.,, Verse (1)
.,, the KPU Finance is only sourced from APBN and APBD. In the case of the KPU obtaining other funding support outside the APBN/APBD fund such as technical assistance, technical cooperation, partnership support, and other assistance must be carried out in the APBN mechanism or State financial management mechanism. Against the support of other funds outside the APBN/APBD fund before the enactment of this Act, it must be adjusted to the country ' s financial management procedures and foreign engineering cooperation in accordance with the laws and is facilitated by the the government.
Verse (2)
., clear enough.

Section 96
.,, pretty clear.

Section 97
.,, pretty clear.

Section 98
.,, pretty clear.

Section 99
.,, pretty clear.

Article 100
.,, pretty clear.

Section 101
.,, pretty clear.

Section 102
.,, pretty clear.

Article 103
.,, pretty clear.