Contents IV. ELECTION ADMINISTRATION STRUCTURE AND OPERATIONS 6 V. ELECTION ADMINISTRATION CONDUCTING ELECTIONS 15

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2 Cntents I. INTRODUCTION 1 II. BACKGROUND 2 III. LEGAL FRAMEWORK FOR ELECTIONS 3 IV. ELECTION ADMINISTRATION STRUCTURE AND OPERATIONS 6 V. ELECTION ADMINISTRATION CONDUCTING ELECTIONS 15 VI. ELECTION ADMINISTRATION ELECTION OFFICIAL TRAINING 25 VII. VOTING SYSTEMS AND ELECTORAL DISTRICTS 28 VIII. VOTER INFORMATION PROGRAMS AND ACTIVITIES 37 IX. POLITICAL FINANCE REGULATION AND PUBLIC DISCLOSURE 41 X. ELECTION COMPLAINT ADJUDICATION 46 XI. CONCLUSIONS 54

3 IFES Reprt: 2004 General Electins in the Republic f Indnesia Pririties fr Demcratic Renewal I. INTRODUCTION In 2004, Indnesia cmpleted a series f natinal electins that demnstrated the cuntry s rapid demcratic develpment since the cllapse f the Suhart regime in May IFES has engaged in a brad range f electin assistance activities since August 1998 t supprt Indnesia s remarkable emergence as a rbust demcracy. In clse cllabratin with Indnesian and internatinal partners, IFES has prvided Strategic analysis and advice fr electral and legal refrm; Technical assistance fr drafting f electin laws, administrative prcedures and implementing regulatins; Technical advice and assistance t the General Electins Cmmissin (KPU) and subrdinate electin management bdies n all aspects f electin administratin, including prcedural best practices; Infrmatin, internatinal perspective and creative suggestins fr develpment f electral systems and vting mechanisms uniquely suited t Indnesia s plitical and scial circumstances; Develpment f a sphisticated GIS database and mapping capacity fr the KPU, successfully used fr delineatin f ver 2000 electral districts fr DPR and DPRD electins and fr graphic presentatin f electin results; Supprt fr planning and implementatin f electin fficial training prgrams and materials, in cperatin with ther internatinal dnrs; Technical advice and assistance in develping systems fr disseminatin f infrmatin and unfficial electin results by the KPU, including supprt fr the KPU website; Leadership in addressing the need fr greater representatin f wmen in Indnesian plitical party leadership and in electin t public ffices; Assistance in develping and implementing fficial vter educatin and infrmatin campaigns targeting the general electrate, grups with special needs, and ther electin stakehlders; Establishment and supprt f a netwrk f Lcal Cmmunity Frums (LCF's) t bring tgether lcal NGOs, particularly fr vter educatin seminars and media prgrams; Spnsrship and prductin f histric candidate debates during presidential and legislative electins; Plicy fcus and analysis n issues f plitical finance regulatin and electral cmplaint adjudicatin; and Cperatin with the new Cnstitutinal Curt in preparing fr and carrying ut its respnsibilities fr reslving electin disputes. IFES wrk in Indnesia during the past seven years prvides IFES a unique and expert perspective n 2004 s histric electins. This experience als cnveys a respnsibility t review the prblems and pprtunities fr demcratic renewal as Indnesia mves frward. Past prblems resulting frm a cmpressed calendar fr preparatins fr electins can be avided. Revisins t the plitical laws and preliminary lgistical grundwrk (such as fr vter registratin) shuld ccur in Indnesia within the next tw years. Mrever, the prcess fr replacement f members f the General Electins Cmmissin (KPU), scheduled t take place next April pursuant t the existing electin law, bears even greater significance due t recent allegatins f crruptin directed at members and staff f KPU.

4 IFES Reprt: 2004 General Electins in the Republic f Indnesia 2 Pririties fr Demcratic Renewal As in all demcracies, the need t prepare fr the next electin quickly fllws the last electin. It is time t take a lk back at Indnesia s general electins f 2004 and draw sme cnclusins abut the perfrmance f the electral framewrk, electin institutins, and electral participants. It is nt t early t draw upn a review f the 2004 electins in rder t cnsider needed imprvements in the electral prcess fr 2009 general electins in Indnesia. II. BACKGROUND The cnduct f general electins in Indnesia in 2004 culminated a prcess f demcratic refrm and develpment since the fall f the Suhart regime in 1998 and the electins f That prcess began with the installatin f a newly independent and nnpartisan General Electins Cmmissin (KPU) in April Majr changes t the framewrk f Indnesia s gvernment were adpted in by the Peple s Cnsultative Assembly (MPR) thrugh amendments t the Cnstitutin f the Republic f Indnesia f 1945 (including guarantees f direct electins f the president and vice president and f a natinal, permanent and independent general electin cmmissin). The Peple s Representative Assembly (DPR) adpted new laws gverning plitical parties, legislative electins and presidential electins in late 2002 thrugh mid Many internatinal bservers have nted the extrardinary scpe and cmplexity f Indnesia s 2004 general electins. Natinwide electins were cnducted n three vting days ver a six-mnth perid: On 5 April 2004, legislative electins invlved vting fr three levels f representative assemblies in multi-member electral districts (DPR-RI, DPRD- Prvince, and DPRD-Regency/City) and vting fr fur representatives per prvince fr the new natinal upper huse, the DPD (Reginal Representative Cuncil). First-ever direct presidential electins were cnducted thrugh a tw-rund majritarian system: a first rund invlving five presidential/vice presidential candidate pairs n 5 July 2004, and a secnd rund with the tp tw candidate pairs n 20 September Indnesia s April 2004 legislative electins were regarded as the wrld s largest and mst cmplicated demcratic electins ever held n ne day: nearly 150 millin registered vters; ver 580,000 plling statins; fur millin electin fficials; and 660 millin ballts. Twenty-fur plitical parties and 448,705 candidates cmpeted in ver 2000 newly-frmed electral districts t elect mre than 15,000 representatives. Based n their perfrmance in the legislative electins, six plitical parties (r calitins) qualified t nminate candidates fr president and vice president (PKB s presidential candidate, frmer president Abdurrahman Wahid, was then disqualified frm running fr failure t pass a medical fitness test). The presidential electins were smewhat less cmplex (ne electin with ne ballt paper acrss the entire cuntry in each rund), but still lgistically challenging and a new experience fr Indnesian vters.

5 IFES Reprt: 2004 General Electins in the Republic f Indnesia 3 Pririties fr Demcratic Renewal Cnsidering their daunting task, electin fficials must be credited with having dne an utstanding jb in implementing Indnesia s 2004 general electins. Hwever, all three stages f the 2004 general electin prcess invlved technical difficulties and prcedural irregularities. These prblems included the fllwing (discussed further in this reprt): Incmplete r inaccurate vter registratin Late prductin/distributin f ballts, vter ID cards and ther vting materials Failure t check fr evidence f indelible ink n vters fingers befre ballt papers were issued Vting and vte cunting irregularities Cnfusin in cmpleting tabulatin sheets by plling statin fficials (KPPS) in legislative electins Duble-punching f ballts in the first rund presidential electin, leading t cnfusin abut valid and invalid ballts Early pll clsing in the secnd rund presidential electin, ptentially disenfranchising vters Other cncerns were related t management and peratins f the electin bdies: an inadequate electin budget fr the KPU; lack f an efficient, streamlined and independent Secretariat that reprts directly t the KPU; late changes t the electin prcedures and instructins; an understaffed and under-funded training prgram in the KPU; and design, checking and printing f the ballts. These types f prblems are nt unusual in cnducting electins in emerging demcracies, and are understandable under the extrardinary circumstances f Indnesia s 2004 general electins. The three stages f general electins were cnducted peacefully, n schedule, and mst imprtantly with the general acceptance f the public. The electin campaigns were cmpetitive and dynamic, sme new plitical parties gained plitical supprt, and a new president was elected and tk ffice. The electins als received near-universal endrsement by electral participants, civil sciety and internatinal bservers as free, fair, and legitimate. III. LEGAL FRAMEWORK FOR ELECTIONS The first pst-suhart general electins were cnducted in June 1999 under an electin law adpted in January 1999 by the utging New Order Peple s Representative Assembly (DPR). Nt surprisingly, Indnesia s plitical leaders and activists wanted a fresh start fr the electral framewrk fr 2004 general electins, and never seriusly cnsidered using the prir electin law as a basis fr revisins. Instead, tw runds f wrking grups (drafting cmmittees) were used t develp laws n plitical parties and n general electins. The first rund, wrking in late 2001 and early 2002, invlved a cmmittee f academics named by the Ministry f Hme Affairs and Reginal Autnmy. That cmmittee prduced an verlyambitius, impractical and internally incnsistent electral framewrk (including cmplicated vting systems), which ultimately met substantial criticism during a public scializatin tur. Learning its lessn t well, the ministry retrenched t a secnd rund f drafting thrugh internal wrking grups that perated behind clsed drs and with little

6 IFES Reprt: 2004 General Electins in the Republic f Indnesia 4 Pririties fr Demcratic Renewal utside input. Draft laws gverning plitical parties, general (legislative) and presidential electins were submitted by the gvernment t the DPR frm mid-2002 until early Deliberatin f the drafts prceeded thrugh the traditinal legislative prcess within Cmmissin Tw f the DPR. Cmmissin Tw held public hearings and received public inputs early in each deliberatin. Fr each law, a special DPR Pansus subcmmittee cmpsed f representatives f the plitical party factins was frmed, and ultimately a smaller DPR Panja wrking grup negtiated the difficult final issues. Transparency and pprtunity fr public input declined thrugh these later and mre crucial stages f legislative deliberatin. Eventually, DPR apprved Law N. 31 f 2002 n Plitical Parties in Nvember 2002, Law N. 12 f 2003 n General (Legislative) Electins in February 2003, and Law N. 23 f 2003 n the Electin f President and Vice President in July IFES Invlvement IFES prvided cmparative infrmatin and analysis fr every stage f legislative drafting whenever Indnesian plicy-makers were receptive t such assistance. IFES gave inputs and cmprehensive reviews fr the draft laws develped by the first (and public) rund f wrking grups, and prvided infrmatin t advisrs t the Ministry f Hme Affairs thrughut the secnd (internal) rund f drafting. During DPR cnsideratin f the draft laws, IFES encuraged public hearings by Cmmissin Tw and ffered infrmatin and analysis t DPR members f all plitical party factins. IFES als cllabrated with civil sciety rganizatins t fcus n particular issues (such as independence f the KPU, plitical finance regulatin, and electral cmplaint adjudicatin) thrughut the prcess f legislative deliberatin f the plitical party and electin laws, including spnsring f seminars and publishing f infrmatinal reprts. Analysis & Recmmendatins The electral laws apprved by DPR t gvern 2004 general electins in Indnesia were significantly better than thse used fr 1999 electins. (Specific areas needing imprvement are discussed later in this reprt). The current legal framewrk fr hlding general electins, althugh imperfect, satisfied the needs f Indnesia s citizenry in 2004 and generally meets internatinal standards. Indnesia successfully cnducted general electins in 2004, and is in the midst f cnducting lcal electins acrss the archipelag. Thus, Indnesia des nt need t start ver n a legal framewrk fr electins r t create a whlly new draft law fr Instead, Indnesia needs its elected representatives in the DPR t cnduct legislative review and deliberatin regarding the framewrk fr electins thrugh a participatry and transparent prcess. Presumably that review will include public hearings, and will be facilitated thrugh the traditinal prcess f deliberatin by a Pansus special cmmittee and Panja wrking grup. The legal framewrk fr electins is the peple s business, hwever, and the public s interest deserves mre than a preliminary hearing. The DPR s legislative prcess fr review and revisin f electral laws shuld be pen t public scrutiny and inputs at all stages.

7 IFES Reprt: 2004 General Electins in the Republic f Indnesia 5 Pririties fr Demcratic Renewal Plitical parties, civil sciety, academia and the general public shuld be encuraged t jin in a vigrus debate abut a brad range f electral issues. Revisin f the electral framewrk shuld be aimed at making the plitical laws gverning electins integrated, cherent and cmplete. The relevant plitical laws shuld be cnsidered as a whle; in particular, incnsistencies between the plitical party law and the general electin laws shuld be recnciled. The legal framewrk fr electins shuld be revised and imprved t address several specific issues: The KPU is currently respnsible fr allcating natinal DPR seats amng prvinces accrding t cnfusing and internally cntradictry standards. Allcatin f natinal DPR seats t prvinces shuld be determined by the general (parliamentary) electin law accrding t each prvince s ppulatin (cnsistent with ne-persn/ne-vte/ne-value principles). This determinatin can be made explicitly in the law r delegated t the KPU accrding t clear criteria that insulate the KPU frm plitical pressure. Unambiguus standards fr delineatin f electral districts (districting) by KPU fr DPR/DPD electins shuld be stipulated in the general (parliamentary) electin law. These standards shuld be cnsistent with nepersn/ne-vte/ne-value principles, and favr cmpact and cntiguus districts that respect ethnic, cultural, linguistic, ecnmic and ther cmmunity f interest cnsideratins. (See discussin belw f electral district system.) Guaranteeing genuine independence f the KPU requires that the electin laws (r a separate law) grant independent financial and management authrity t the KPU, cmbined with stricter requirements fr transparency and accuntability. (See discussin belw f KPU structure and peratins.) Full respnsibility fr implementing vter registratin shuld be returned t the KPU. (See discussin belw f KPU structure and peratins.) The legal framewrk shuld be imprved t cntain the same level f detailed vting and cunting integrity cntrls as fund in mst mdern electral laws and regulatins. (See discussin belw f vting and cunting prcedures.) The electin law shuld relax the rules regarding campaign activity utside the fficial campaign perid t permit mre limited r persnal frms f vter cntact (such as distributin f literature, small grup meetings, and candidate dr-t-dr visits) as sn as candidates are certified in cntrast t paid media advertising r mass rallies that can cntinue t be limited t the fficial campaign perid. Legal requirements fr plitical finance reprting by plitical parties and candidates shuld be supprted by enfrcement prvisins that include serius administrative sanctins fr failure t submit financial reprts. (See discussin belw f plitical finance regulatin and disclsure requirements.)

8 IFES Reprt: 2004 General Electins in the Republic f Indnesia 6 Pririties fr Demcratic Renewal Prir t 2004, Indnesians serving in the military r natinal plice did nt have the right t vte in electins, but were represented in the DPR/MPR thrugh a reserved blc f appinted seats. The laws gverning the 2004 general electins eliminated these reserved seats in legislative assemblies and nminally granted members f the Natinal Armed Frces (TNI) and the Indnesian Plice Frce (PLRI) the right t vte, but specifically prscribed the exercise f thse rights in the 2004 electins. This suspensin f vting rights fr members f the military and plice will presumably nt be extended t the 2009 electins. The electin laws will need t be revised t include apprpriate prcedures and safeguards with regard t vting and vte cunting fr military and plice persnnel. The general gal shuld be t make a gd electin system better, and t imprve, refine and strengthen Indnesia s new demcracy. The remainder f this reprt is intended t encurage this prcess and t ffer specific recmmendatins fr demcratic renewal. IV. ELECTION ADMINISTRATION STRUCTURE AND OPERATIONS KPU MEMBERSHIP As a result f the lessns learned in 1999 a new presidential decree was issued in early 2000 significantly changing the structure and membership f the KPU. The decree required an independent and nnpartisan KPU t be frmed (previusly the KPU membership cmprised representatives frm the then frty-eight plitical parties and five gvernment representatives). In terms f Law N.4 dated 7 June 2000, members were required t meet the fllwing qualificatins: Physically and mentally sund Eligibility t vte and t be elected Having strng cmmitment t demcracy and justice Strng persnal integrity, hnest and fair Sufficiently knwledgeable abut plitical party affairs, electin methds, and pssessing leadership cmpetence Nt serving as a member r executive in any plitical party Nt actively serving in either a plitical r structural psitin in the civil service Suitable persns were identified t fill the eleven vacancies and an independent candidate nminatin cmmittee, appinted by the Ministry f Hme Affairs, reduced the list t twenty-tw in late September DPR Cmmissin Tw then managed the selectin prcess in tw parts first, an administrative test which checked that candidates met the frmal qualificatin criteria and had the ability t serve n the KPU; and secnd, a fit and prper test which fcused n the candidate s integrity, cmpetence and suitability. Fllwing a rigrus hearing prcess DPR Cmmissin Tw vted n the candidates. Nte: IFES, in cnjunctin with lcal partner Centre fr Electral Refrm (CETRO), sught public submissins n fit and prper test criteria and received a significant number f respnses (816 in all). A survey n the candidates, addressing key electral management and integrity issues, was

9 IFES Reprt: 2004 General Electins in the Republic f Indnesia 7 Pririties fr Demcratic Renewal later undertaken with results being issued t the media by CETRO in the frm f press releases. It is difficult t tell whether this infrmatin assisted r in any way influenced the criteria subsequently used by DPR Cmmissin Tw in its deliberatins, hwever it was a useful prcess t undertake t gauge public pinin. DPR Cmmissin Tw members ranked each candidate against a standard evaluatin sheet with the eleven highest ranked candidates being selected and ratified by a DPR plenary sessin withut any significant further debate. The eleven successful KPU members were frmally appinted n 9 April 2001, and tk their ath/pledge befre President KH Abdurrahman Wahid n 24 April Cnsidering the way public fficials are appinted in many cuntries, this was a very rbust appintment prcedure. It clearly demnstrated a transparent and justifiable prcess and there was general acceptance f the selectins made. The term f ffice fr all members expires after five years - April Despite many difficult situatins prir t, during, and after the three electral events held in 2004, the KPU managed t resist pressures being exerted n them by utside influences, and t stay true t the principles f an independent institutin. KPU SECRETARIAT The KPU is supprted by a Secretariat. The primary functins f the Secretariat were bradly set ut in KPU Decree N. 622 f 2003: a. Design the electin timetable and develp a budget. b. Prvide technical services fr the cnduct f the electin. c. Prvide administratin, persnnel and financial services. d. Frmulate and prduce draft laws and regulatins, legal assistance, and advice n dispute reslutin. e. Prvide public infrmatin services. f. Manage electral data and infrmatin. g. Manage lgistics and distributin f gds and services. h. Ensure cperatin amng institutins. i. Cmpse frmal reprts n the KPU s activity and financial status. The decree als set up ten bureaus fr the Secretariat. Five cvered peratinal areas such as Planning, Persnnel and Human Resurces, Finance, Legal, and General Affairs, and five cvered technical electin areas such as Public Infrmatin, Infrmatin and Technlgy, Lgistics and Distributin, Technical Implementatin, and Mnitring. Fr sme time IFES had been advcating a change t the rganizatinal structure f the KPU t better meet the needs f the rganizatin. In the IFES reprt Electin Administratin An Opprtunity fr Electral Refrm, dated 30 January 2002, IFES recmmended that the rganizatinal structure wuld be mre efficient if it eliminated the rle f deputy secretary general and substituted this with tw assistant secretaries general, ne fr Electin Operatins and ne fr Crprate Administratin and Supprt. The number f bureaus culd be reduced frm ten t nine. Under the assistant secretary general, Electin Operatins, there wuld be fur bureaus: a. Electin Operatins and Lgistics b. Legal and External Liaisn

10 IFES Reprt: 2004 General Electins in the Republic f Indnesia 8 Pririties fr Demcratic Renewal c. Infrmatin and Public Educatin Services d. Plitical Party Regulatins And under the assistant secretary general, Crprate Administratin and Supprt, there wuld be five bureaus: a. Organizatinal Management and Training b. Cmputer and Cmmunicatins Systems c. Physical and Financial Asset Management d. Administrative Supprt Services e. Mnitring and Evaluatin In a presentatin t the KPU in May 2002, IFES again recmmended that the rganizatinal structure shuld be flatter, linked mre clsely t the KPU s strategic plan bjectives, be mre utward lking (service delivery fcused), and identify clear accuntabilities and expectatins. The Secretariat s rganizatinal structure was prescribed in Presidential KPU Decree N. 54 f 2003, dated July It cnfirmed the psitin f deputy secretary general and retained the same verall number f bureaus, althugh there were sme changes as can be seen frm the table belw: Original Bureau Title Bureau Title Presidential Decree N. 54 f 2003 Planning Legal Public Infrmatin Finance General Security Prcurement Transprtatin Supervisry Data Prcessing and Infrmatin Cntrl Planning Legal Public Participatin and Relatins Finance General (included in General) Lgistics and Distributin (included in Lgistics and Distributin) Supervisin Data and Infrmatin Management Emplyment Electin Implementatin Technical STAFFING Staff numbers at all levels f the KPU, as at 5 July 2004, ttalled 5,708,509. A distributin breakdwn f the numbers is set ut belw, t the level abve plling statin:

11 IFES Reprt: 2004 General Electins in the Republic f Indnesia 9 Pririties fr Demcratic Renewal Staffing Central Prvincial Regency Sub-District Village /City Chair ,120 71,277 Members ,668 20, ,554 Secretariat ,591 20, ,831 Ttal 505 1,056 11,676 46, ,662 The chart belw shws the natinwide electin management structure. Structure f the Indnesian Electin Administratin KPU 9 Members KPU-Prvince 32 Prvinces KPU-R/M 417 Regencies/Cities (Kabupaten/Kta) PPK 5120 Sub-Districts (Kecamatan) PPS 71,277 Villages (Kelurahan) KPPS 580,000 + Plling Statins

12 IFES Reprt: 2004 General Electins in the Republic f Indnesia 10 Pririties fr Demcratic Renewal ELECTION FUNDING AND FINANCIAL MANAGEMENT IFES liaised clsely with the KPU n financial management issues and assisted the KPU with the refinement f a number f draft budget mdels. After extensive discussin between the KPU and the Ministry f Finance the KPU budgets fr the calendar years ended 31 December 2002/3/4 were finalized as fllws: Legislative Electins Year Ended 12/31/02 Rp Year Ended 12/31/03 Rp Year Ended 12/31/04 Rp Persnnel 753,207,300 3,194,018,000 18,236,075,127 Equipment 1,167,096, ,120,545, ,820,990,454 Operatinal 34,311,191, ,209,083, ,012,957,348 Csts Panwas 88,108,501, ,415,131,000 Lwer Level Electin Management Bdies 557,304,795,000 2,245,738,251,266 Ttal 36,231,495,611 1,573,936,942,393 3,998,223,405,195 (apprx. US$404m) * includes 172 billin rupiah (Rp) fr Panwas # includes Rp 900 billin fr Panwas Presidential Electins Persnnel Year Ended 12/31/02 Year Ended 12/31/ 03 Year Ended 12/31/04 Rp Equipment 36,205,817,504 Operatinal Csts Panwas 14,051,062,900 Lwer Level Electin Management Bdies 267,352,302,381 Ttal 317,609,182,785 (apprx. US$32m) Budgets were reasnably well managed but it was evident that withut significant levels f dnr funding the three electral events held in 2004 wuld nt have been

13 IFES Reprt: 2004 General Electins in the Republic f Indnesia 11 Pririties fr Demcratic Renewal cnducted t the same level f quality and integrity. The KPU s funding was insufficient and it was indeed frtunate that dnrs were able t assist. The KPU frequently experienced high levels f frustratin with the lengthy delays in getting financial apprvals frm the Ministry f Finance, n sme ccasins leading them t defer purchases and defer cntract negtiatins. Fr the KPU t have full cntrl and respnsibility ver electin planning it needs t have apprved adequate funding in sufficient time. CODE OF ETHICS The KPU develped a cde f ethics fr electin fficials, nting in the intrductin that it applied t all members and all staff invlved in electins at all levels. The cde, prmulgated under KPU Decree N. 564 f 2003, was largely drawn frm a number f internatinal publicatins n the subject and identified the fllwing ethical principles: Authrity is based n the law. Be nnpartisan and neutral. Act transparently Be accuntable and have n cnflict f interest. Be accurate. Serve electrs and act prfessinally. Many plling fficials did nt sign up t the cde f ethics, largely due t being unaware that it existed and that it was mandatry t d s. In future the KPU needs t ensure the cde is mre widely publicized, that all fficials are made aware it is mandatry t sign, and that adequate time is given t read and understand the requirements. INFORMATION TECHNOLOGY As there was n plicy n the use f r develpment f infrmatin systems (IS) r infrmatin technlgy (IT) at the KPU, and there was n unit at the KPU respnsible fr the develpment f these areas, an external expert grup was cmmissined by the KPU t develp an verall IT strategy. The strategy became knwn as the Grand Design. The strategy utlined in the Grand Design was identified as fllws: Develpment f an architectural plan f an infrmatin system which wuld supprt the administratin f the KPU Secretariat based n pen technlgy which relies n netwrks, with mdular structures, s they can be gradually implemented frm the bttm-up accrding t the availability f financial and human resurces. Develpment f the standard framewrk, as well as guidelines, fr an autmated system fr administratin f the general electin which is able t utilize available data resurces in cperatin with ther related institutins. Installatin f technlgy which cmplements equipment and systems previusly used by KPU fficials t imprve prductivity, as well as their ability t make maximum use f the technlgy available. Establishment f an infrmatin technlgy system in accrdance with the needs f the management and the staff f the Secretariat.

14 IFES Reprt: 2004 General Electins in the Republic f Indnesia 12 Pririties fr Demcratic Renewal In the shrt term, develp prgrams t enable IT users t make maximum use f data that is currently available. With these significant aims it is unfrtunate that the KPU was nt able t make a great deal f prgress with its IT develpment. Only in the year f the electin was there any real increase in the use f technlgy, mst ntably fr the cllectin and disseminatin f electin results. Over time, sme f the KPU members and a limited number f Secretariat staff gradually made use f facilities, as well as basic applicatins such as MS Wrd and Excel, but as the majrity f staff had n access t a PC the benefits f autmatin in many areas were nt realized. It is hped that the time between electins will be utilized t purchase equipment and t train staff in the use f basic sftware. KPU WEBSITE IFES cmmenced its peratinal tasks in relatin t the develpment f a website fr the KPU in June IFES prvided directin, develpment and expert advice fr tw mnths culminating in the fficial launch f the KPU website, n August 28, Thrughut 2003 and 2004 IFES prvided cmprehensive training t the KPU staff wh were assigned t learn jurnalistic and website management and design techniques. It was an extremely busy time fr the KPU, and due t the amunt f data which was accumulating at a rapid rate it was necessary t upgrade the website server space rental with PT Telkm. The website was eventually migrated t the KPU s wn server in March The frmat and cntent f the website grew significantly in the lead up t and during the three electral events in 2004, with the number f website hits reaching ne millin by early 2004, and tw millin by late In additin t maintaining the website and keeping the KPU news up t date there were many website enquiries. After discussins with the KPU, IFES assisted with the preparatin f mre than 2,300 respnses t general enquiries fr electin- related infrmatin. IFES wrked hard t build the capacity and skill f designated KPU staff in website management. After mre than tw years f direct assistance IFES and the KPU agreed there wuld be a reduced level f input prvided thrugh 31 December Frm 1 January 2005 the KPU agreed t take full respnsibility. There is n dubt that the KPU website has becme a key surce f infrmatin fr the media and the public alike. Feedback received by IFES and by the KPU shws that the website is well used because it is up t date, relevant, and prvides accurate and cmprehensive daily infrmatin n the KPU s activities. Onging wrk n the KPU website is imprtant if the KPU wishes t retain it as a primary means f cmmunicatin t the media, and thrugh them t the public at large. The infrmatin cntained n the website is excellent but needs cnstant updating t ensure it stays current and useful t the media and the public, as well as plitical parties, NGOs, CSOs, electin analysts and ther gvernment institutins. Website design is mving at a fast rate and the KPU needs t keep up with these advances in technlgy.

15 IFES Reprt: 2004 General Electins in the Republic f Indnesia 13 Pririties fr Demcratic Renewal CORRUPTION ALLEGATIONS Accrding t fficials frm the Crruptin Eradicatin Cmmissin (KPK), an accumulatin f cmplaints frm the public led the Cmmissin t establish, in December 2004, an investigatin int crrupt prcurement practices at the KPU. Wrking with the Natinal Audit Cmmissin (PPK), a team was established t seek evidence f bribery f KPU persnnel by service and cmmdities suppliers, which the KPU had wrked with thrugh the perid t April In the curse f gathering evidence fr this investigatin, a crime thery was develped by the KPK team, and investigatrs had identified kickback payments by suppliers t a KPU fficial. Meanwhile anther PPK audit had been wrking n a perfrmance audit f the KPU regarding the cnduct f the 2004 legislative and presidential electins. An attempt was made by a KPU cmmissiner and deputy secretary general t bribe a member f this audit team (wh had reprted the initial apprach t his superirs) t ensure that the audit reprt was favrable. This attempt was secretly phtgraphed and recrded, and triggered a raid n the KPU ffices by the KPK team. That raid recvered significant and unexplained amunts f rupiah and US dllars and travelers checks, tgether with signed receipts fr rupiah payments frm a tactical fund, and a list f where the US dllars had cme frm and fr whm the payments were intended. This list indicated that all KPU members were invlved, and this and the receipts als implicated fficials f the Ministry f Finance and PPK, and a member f the DPR (the Budget Cmmissin chairman). Rupiah had been used fr smaller payments, US dllars fr larger sums; mre than $150,000 was recvered. Subsequently it emerged that suppliers respnsible fr pstal and insurance services, ballt bxes and ballt papers, amng thers, had made illegal payments t KPU. Where it appeared that the supplier had initiated the bribery it was anticipated that the cmpanies and/r their fficials wuld face criminal charges. The payments identified were cnsidered t be nly a small part f a systematic netwrk f bribery. As f the writing f this reprt, the KPU member and fficial whse actins had been caught in the sting have nw been cnvicted and received custdial sentences f thirty-ne and thirty mnths respectively. The KPU chairman and a number f the ther cmmissiners, and sme senir Secretariat fficials are currently detained and awaiting trial. An investigatin is nging f fur cmmissiners against whm n evidence had been fund t date. Further evidence might emerge in pending curt cases, and investigatin cntinues regarding the wider netwrk f crrupt fficials. Meanwhile, the KPU has attempted t prvide advice, including mdel regulatins, t KPUDs at the prvince and regency/city levels during the cnduct f lcal electins fr administrative heads. The fur remaining members f the KPU are reprtedly planning t present recmmendatins t DPR fr revisins t the existing electral laws, and a new law n the status and functins f KPU itself, in late They als intend t prvide recmmendatins t the incming members f the KPU n the restructuring f the KPU Secretariat and a revised system f human resurce management. The nging crruptin scandal regarding members f the KPU and tp staff in the KPU Secretariat is a tragedy fr the individuals invlved, many f whm IFES persnnel knew and wrked clsely with during the electin perid. It is als a tragedy fr the KPU as an institutin, which has had its reputatin severely

16 IFES Reprt: 2004 General Electins in the Republic f Indnesia 14 Pririties fr Demcratic Renewal blackened, its achievements in the 2004 electins disregarded, and its cntinuing independence threatened. Althugh the KPU has been discredited, indicatins are that vters still believe the electins were free and fair with legitimate results. The reputatin f the KPU in the scandal has nt transferred t the 2004 electin prcess r results. Analysis and Recmmendatins The KPU crruptin scandal has encuraged cnsiderable discussin and debate regarding the future f the KPU, and many prpsals t revise its cmpsitin and appintment methds have surfaced. IFES believes the current prblems nly make mre urgent the need fr the KPU t remain genuinely independent and nnpartisan in its apprach. Disappintment with the present KPU shuld nt lead t backtracking n the psitive refrms intended by its establishment. This situatin shuld instead place the emphasis n transparency and accuntability f the institutin, and prvide the impetus fr a cmplete internal verhaul f the peratins f the KPU. Out f this scandal shuld emerge a refrmed and transfrmed cmmissin and Secretariat. The KPU needs t cntinue t wrk n refining and imprving its electin prcedures t build n the gains made in While the three electins cnducted in 2004 were managed well, there is still a lt f rm fr imprvement. Much has been written n the management f the three electins - it is vital that the KPU learns the lessns and implements the required changes t meet the grwing level f public expectatin. IFES makes the fllwing recmmendatins: Appintment f KPU members shuld again receive careful cnsideratin by the DPR and gvernment; ver time, terms f ffice f KPU members shuld be staggered s that all members d nt cme t the end f their terms at nce. Respnsibility fr all aspects f the cnduct f all levels f electins in Indnesia shuld be clearly assigned t KPU. All implementing regulatins fr cnducting electins shuld be subject t cnsultatin with and apprval by the KPU prir t their intrductin. The rganizatinal structure shuld be flatter, linked mre clsely t the KPU s strategic plan bjectives, be mre utward lking (service delivery fcused), and identify clear accuntabilities and expectatins. The KPU shuld be transparent in its administrative and financial management, and serve as a mdel fr transparency in administrative practices in Indnesia, including the fllwing: A transparent appintment system fr senir persnnel f the Secretariat A remuneratin structure fr members and staff t apprpriately reflect the level f respnsibility invlved

17 IFES Reprt: 2004 General Electins in the Republic f Indnesia 15 Pririties fr Demcratic Renewal A human resurces management system t reflect current best practices with respect t recruitment n merit and perfrmancerelated remuneratin The KPU shuld finally be given real cntrl ver its wn persnnel, and the capacity t hld subrdinate electin cmmissins accuntable, as fllws: Determining its wn management structure and lines f respnsibility t reflect the specific institutinal requirements f an electin management bdy Retaining its rle in the appintment f prvincial KPUDs, and having supervisry pwers ver these bdies, t prvide a clear chain f cmmand, directin and supprt in cnduct f natinal electins; similarly, KPUD-Prvince shuld have supervisry pwers in relatin t KPUD-Regency/City, prviding the same chain f cmmand fr prvincial and lcal electins The KPU Secretariat shuld determine its management structure and appint directly its senir Secretariat staff, and have the right t eject ther staff assigned t the Secretariat by ther ministries. Staff secnded t wrk with KPUD-Prvince and KPUD-Regency/City shuld be required t adhere t an apprpriate cde f cnduct. KPU shuld be required t submit an annual reprt t DPR detailing activities and expenditures. Submissin and acceptance f budgets and funding shuld be made available t KPU and KPUDs in a timely and reliable manner. Multi-year financial plans shuld be prepared and apprved in gd time fr effective electin planning t take place. V. ELECTION ADMINISTRATION CONDUCTING ELECTIONS VOTER REGISTRATION Indnesian citizens wh are aged seventeen years and abve r are/have been married are eligible t register t vte. The law als states that in rder t be registered vters must be clearly nt suffering frm a mental disrder, nt have had their vting rights revked by a final curt decisin, nt be registered fr mre than ne lcatin, and nt be an active member f the Indnesian Armed Frces (TNI) r State Plice f the Republic f Indnesia (POLRI). The cmpilatin f an accurate electral rll, with such a large and widespread ppulatin, was a massive task fr the KPU. Assistance was sught frm the Bureau f Ppulatin and Statistics (BPS) fr the natinwide dr-knck. (BPS needed t undertake a quality assurance audit f its earlier census s a ppulatin head cunt was a useful pprtunity t carry this ut.) This dr-knck task became knwn as Vter Registratin and Cntinuus Cllectin f Ppulatin Data P4B. Other ppulatin related data cllected by BPS was nt prvided t the KPU.

18 IFES Reprt: 2004 General Electins in the Republic f Indnesia 16 Pririties fr Demcratic Renewal BPS emplyed arund 370,000 staff fr P4B arund 5,000 reginal instructrs, 70,000 field supervisrs and district technical crdinatrs, and arund 296,000 field registratin staff. These were largely lcal gvernment and village fficials, schlteachers and students. The data was cllected nt scannable frms ver a perid f six weeks between 15 March and 29 April Data was captured using scanners and ptical character recgnitin (OCR) sftware. BPS prcessed the ppulatin data/vter registratin frms in frty-five lcatins thrughut Indnesia, using ninety-tw Kdak 3500D OCR scanners. The scanners used Accra imaging sftware. The duble sided frms, each with tw persnal datasets per side (a ttal f 102 data fields per sheet) were scanned with ne pass. While the scanners had a maximum thrughput f sixty sheets per minute, BPS slwed the machines t half that speed t increase accuracy and reliability each scanner prcessed arund 16,000 sheets per nine-hur day. The ttal lad acrss the frty-five centers was arund 76 millin sheets. Data was prcessed in three stages: Manual pre-prcessing frm May t July 2003 Scanning f registratin frms Verificatin, validatin and amendment f ASCII files derived frm the scanned data The data cllectin prcess fr mre than 150 millin vters was a significant undertaking. BPS largely managed the prject n its wn, with limited input frm the KPU. Despite a minr slippage in its timeline, BPS perfrmed creditably. The data was frmally handed ver t the KPU in February IFES held regular meetings with BPS during the data cllectin and data prcessing phases. It became clear that the KPU was nt fully aware f the cmplexity, the methdlgy r the tight timeframes surrunding the data capture prject, and there was very little interest shwn by KPU management in mst f the stages f P4B. BPS expressed cncern that the KPU s nly invlvement was t review manuals and let tenders fr printing the data cllectin frms. ACCURACY OF THE VOTER REGISTER Despite a number f reprts that the vter register was nt in gd shape, cmparatively speaking there were very few cmplaints abut the accuracy f the electral rll. The prcess fllwed by the KPU f making prvisinal vter registers available at village level fr public scrutiny prvided the pprtunity fr errrs and missins t be identified and remedied. There was sme cncern that the KPU s scializatin campaign during this perid culd have been better as anecdtal evidence suggests the percentage f peple actually taking the time t check their details was very small. Every registered vter was t have been prvided with an identity card (see belw) and based n feedback and bservatin it appeared that the great majrity received their card befre the electral events.

19 IFES Reprt: 2004 General Electins in the Republic f Indnesia 17 Pririties fr Demcratic Renewal KARTU PEMILIH N. : N a m a : Tempat/Tgl Lahir : Alamat : KETENTUAN 1. Perlihatkan kartu ini kepada petugas TPS pada setiap penyelenggaraan pemilihan umum 2. Kartu ini tidak dapat dipindahtangankan dengan cara apapun 3. Apabila ada perubahan alamat, hubungi kantr KPU Kabupaten/Kta melalui Kepala Desa/Lurah setempat 4. Kartu ini merupakan milik KPU dan diberikan secara cuma-cuma kepada seluruh warga negara Indnesia yang mempunyai hak pilih. 5. Barang siapa menemukan kartu ini, harap dikembalikan kepada yang bersangkutan atau ke Kantr KPU Untuk Infrmasi Pemilihan Umum silahkan hubungi kantr KPU Daerah setempat. KOMISI PEMILIHAN UMUM Jl. Imam Bnjl N. 29 Jakarta Pusat, Tel. (62) The final number f vters n the register fr each f the three electral events was as fllws: Electral Event Registered Vters Vter Turnut Legislative Electin 148,000, ,456,680 (84%) Presidential Electin First Rund 155,048, ,293,844 (78%) Presidential Electin Secnd Rund 153,317, ,662,705 (76%) While registratin (and vting) is nt cmpulsry in Indnesia there was still a high level f interest frm eligible vters t get enrlled, and subsequently t vte. CONTINUOUS VOTER REGISTRATION The KPU has expressed a desire t maintain a cntinuus vter registratin system in the future. This is nt as easy as it might sund, particularly fr Indnesia where infrastructure and cmmunicatin difficulties are present in s many areas. The experience f mst cuntries that effectively manage cntinuus vter registratin systems indicates a need t have practive measures in place t maintain the accuracy f these registers. Examples f such measures may be regular dr t dr data verificatin prgrams, change f address ntificatin mechanisms, data matching frm ther surces, r use f data prvided t gvernment bdies fr ther purpses. The KPU has nt yet annunced any plans fr maintaining a cntinuus vter register but a belief that the public can be relied upn t update their wn details is misguided. PROCUREMENT POLICIES The KPU s purchasing plicies must cmply with and fllw the guidelines set ut in the relevant gvernment decrees, and must adhere t the stated basic principles f efficiency, effectiveness, cmpetitiveness, transparency, fairness and accuntability. The three different methds f prcurement are pen tender (public tender prcess); direct selectin (tenders nly frm suppliers wh can meet the qualificatins fr

20 IFES Reprt: 2004 General Electins in the Republic f Indnesia 18 Pririties fr Demcratic Renewal supply); and direct pinting (urgent prcurement, subject t apprval f a minister r chief f the nn-department r institutin). The great majrity f the KPU s purchases were made thrugh the pen tender and direct selectin prcesses. Due t the ccasinal need t meet exceedingly tight timeframes sme were made thrugh direct pinting. ELECTION LOGISTICS Fr the legislative electins held in April 2004 the lgistical issues facing the new KPU were significant. Just a few f thse challenges were - mre than 580,000 plling statins (TPS) t equip crrectly, each managing a maximum f 300 vters; ver 660 millin ballt papers t securely print and distribute; nearly 2.4 millin ballt bxes t manufacture and distribute; and facilities fr ver 150 millin vters, f whm apprximately 90% were likely t turn ut t vte. The distributin f ballt bxes, ballt papers, ink, training bklets, vting cmpartments, envelpes, frms, etc. t mre than 580,000 plling statins fr the legislative electin acrss 13,000 widely spread ut islands, and in sme cases almst inaccessible areas, was exceedingly difficult t manage. The KPU came in fr frequent media criticism abut this issue, mstly cncerning supplies nt reaching certain areas in the times riginally specified. Hwever, mst supplies reached the right lcatins, in the right quantities, and at the right time. Supplies distributin was better managed in the tw runds f the presidential electins, prving the adage that practice makes perfect. The ability f Indnesian authrities t mbilize significant numbers f persnnel and resurces t ensure these deliveries were cmpleted n time was impressive. It was als pleasing t see the whle f gvernment interest in making sure staff, buildings and equipment were prvided fr the electral events t take place. BALLOT BOXES The KPU undertk a lengthy selectin prcess in relatin t the prcurement f ballt bxes. A large number f cmpanies tk part in the pre-qualificatin prcedure and manufactured samples in varius sizes, styles and material fr the KPU t cnsider. (Samples were prvided in aluminum, steel, plastic, wd, fabric, and even sme as plastic bags with a plastic fitting at the tp). Fr the mre than 2.4 millin ballt bxes required, the unit prices ranged frm Rp 50,000 (US$5) t Rp 270,000 (US$27) each. The KPU evaluated these samples and made a decisin t seek detailed tender specificatins and prices frm suppliers wh culd manufacture large quantities f ballt bxes in aluminum. There was a significant amunt f criticism, largely frm the media, that the selected type f ballt bx was t expensive at Rp 150,000 (US$15) each. The KPU respnded by arguing that ballt bxes manufactured in aluminium wuld last a lng time and wuld nt nly be suitable fr the legislative and tw runds f the presidential electins, but als fr lcal gvernment and future electral events. The KPU als nted that the selected design f ballt bx culd be cllapsed t make strage reasnably easy between electral events.

21 IFES Reprt: 2004 General Electins in the Republic f Indnesia 19 Pririties fr Demcratic Renewal VOTING COMPARTMENTS The vting cmpartments used during the electral events were funded by the Japan Internatinal Cperatin Agency (JICA). The fldable aluminum cmpartments were used in the great majrity f plling statins acrss Indnesia, but with limited success. There were tw main prblems in their design. First, they were far t small. Vters fund them difficult t use, especially when vting in the legislative electins with very large ballt papers. Sme vters were seen trying t shuffle the ballt paper arund inside the vting cmpartments t get it int the right psitin sme even appearing t give up in desperatin and simply punching the paper in a place where it was easiest t d s. The secnd prblem was their flimsy cnstructin. Many cmpartments were bserved cllapsing arund the vter, particularly when used n tables that were uneven r at many f the utdr plling statins when the wind was nly f average strength. BALLOT PAPERS Many issues arse in relatin t ballt papers. The design, checking and printing f such large quantities was a significant and difficult task by any standard, let alne their distributin t mre than 580,000 plling statins in time fr vting. This was particularly evident fr the legislative electins n 5 April where ballt papers were printed n very large paper. It was alleged that sme f the printers cntracted by the KPU were simply underresurced fr the jb they had quted fr, sme in terms f paper supplies and equipment limitatins, sme in terms f human resurces fr the setting up, printing and checking tasks. Nearing electin day fr the legislative electin, the KPU was under cnstant and extreme pressure t explain the delivery delays. While there were a number f cntributing factrs the primary reasn appeared t revlve arund the time it was taking t manually fld the millins f ballt papers. (The media reprted that frmer president Megawati Sekarnputri had apparently suggested the ballt papers remain in their flat sheet printed size, and that vters be asked t fld them after vting and befre placing them in the ballt bxes. That was rejected.) The KPU met n a daily basis t discuss the situatin regarding the slw prductin and delivery f ballt papers t plling statins, issuing daily press releases. While it is true that plling statins in many areas did nt receive their supplies f ballt papers until three days befre vting day, there were nly anecdtal stries f a small number f statins nt receiving their supplies at all. INDELIBLE INK Sme tw millin cups f indelible ink were needed fr the three electral events in A ttal f eight cmpanies submitted bids t the KPU and tw were ultimately selected t prvide the required quantities. The ink appeared t wrk well in mst lcatins. Hwever, in sme there were allegatins that the ink was nt indelible, and did nt remain n the vters fingers after being dipped in the cup. In respnse t thse allegatins the KPU advised that staff at sme plling statins had watered dwn the ink t make it last further as they felt they were supplied with an insufficient quantity t last fr all vters.