By: Partono, CETRO Senior Researcher

The people of Indonesia were recently shocked by the result of the National Election Commission’s (KPU's) Selection Committee (Pansel) by announcing 45 candidates of KPU members that passed on written test stage.

Whereas the public really put their attention upon the decision of Constitutional Court (MK), the selection result announced by KPU Pansel caught less interest, despite the fact the selection process of KPU member candidates is also very significant to the legislative implementation process and the 2009 presidential election. Pansel fails to provide new KPU members possessing high quality from both competence and integrity, then the 2009 election could be threatened to fail.

Public awareness of KPU Pansel's performances became open when a NGO coalition, naming themselves the Election Observer of Election Coordinator Candidate (JPS – CPP / Jaringan Pemantau Seleksi Calon Penyelenggara Pemilu), released a press conference in early August. The press conference stated regrets on the selection process mechanism of KPU member candidate by negating more substantial tests, which were the tests for enabling to grasp the election materials and the elections organizing experience by a candidate. According to them, these tests are the ones that should have been conducted first by KPU Pansel to filter the KPU member candidates down to 45, as opposed to the psychological test that measures the loyalty for the country, integrity, mental health and intelligence. Although psychological test is still needed, the selection results will be better if the written selection stage referred included competence test and psychological test.

The public's attention towards KPU Pansel is also affected by the results done by this Pansel by producing unfamiliar names within the society. On the other hand, the future candidate that was known by the public for its knowledge and education of election and organizing experience, did not pass the selection phase.

The Falsehood and Breach of Law
The ball rolled even faster when the NGO Coalition found an indication of falsifying information to the public and in breach of Presidential Decree No 80/2003 on Regulation of Procurement of Government Goods and Services conducted by KPU Pansel.

According to one of the candidate that took the written psychological test, the test document used in the selection had a name of one of the prominent university institution in Jakarta. However, after further checking conducted by the NGO, the university institution had never been contacted by the KPU Pansel. Subsequently, the university officially released a statement stating that the institution was never involved in the selection process.

The Presidential Decree states that every procurement of goods and services conducted by the governmental institution with a nominal cost of IDR 50 million requires an open offer or tender to the public. The suspicion on violation against the presidential decree became more apparent when Head of Pansel, Prof. Ridwan Nasir, divulged the direct assigning of the test consultants was caused by limited time and difficulty of reaching the university side.1 Furthermore, Pansel quibbled that the assigning of the third party was not conducted by Pansel, but the Department of Home Affairs through Society and Political Unionship Directorate (Direktorat Kesbangpol / Kesatuan Bangsa dan Politik).

To deflect suspicions of violations on Presidential Decree No 80/2003, Kesbangpol Directorate General, Sudarsono stated that the IDR 49 million-worth of written test that was being questioned, was below the minimum standard of conducting a tender. As such, the direct assigning in procuring the services of test consultant for selected KPU members is not in any violation of prevailing law. However, the question emerged when the third party appointed is the institution led by one of the member of Pansel and not other institution. This is clearly reflects a violation of work ethics and conflict of interest in the direct assigning process.

The statement of Kesbangpol Directorate of General repeatedly challenges the public to find the truth behind the budget released by Pansel for the procurement of this consultant service. Unfortunately, to date the data has not been acquired. As a comparison, the Corruption Eradication Commission (KPK) Pansel gained offers from several consultants of the same type to conduct a similar written test with the least cost of IDR 3.2 million on each candidate. If KPU Pansel only released a IDR 49 million-worth of budget to test 270 future candidate, then the cost charged to each future candidate would be in the region of IDR 180 000. This is a quite huge disparity of amount is beyond any rational thinking.

Proof of inaccuracy in the selection process conducted by the Selection Team is the disappointing results to the public. One of the conditions of becoming a KPU member is not to be member or board of a political party at least in the last five years. However several candidates who are clearly involved actively in political party passed the selection. Other issue is, the fact that some candidates involved in a corruption case in their hometown have also passed. These discrepancies highlight the increase of public doubt against the Selection Team in conducting its duty.

Policy Alternative
There were several solutions offered to the government in effort to produce high quality member candidates for KPU. First, President Susilo Bambang Yudhoyono has demanded an explanation on the selection method conducted and have carried on an evaluation on Pansel's performance. If the President considers that the method was improper and inappropriate and had not found any proof indicating violation of law, thereby the President may order Pansel to conduct a re-test to all
candidates that have passed administration regulations. However, if the President considers that Pansel had violated the law, he could cease the selection process and terminate the work duration of the old Pansel and replace them with a new and more competent Pansel. This was highly necessary in view of the fact that the Pansel had proven itself to had made judiciary misconducts, therefore the next concern was the selection results generated by the institution having doubtful credibility would not be successful in obtaining the trust and legitimation from the public. In addition, there were opinions from the public that the recent Pansel members were incapable and did not possess the competence and credibility to conduct a selection for KPU members because they were considered inappropriate of not possessing wide range and in-depth knowledge on political parties and electoral issues.

Fit and Proper Test Process
As a fact, President Susilo Bambang Yudoyono accepted a more conservative policy. The President accepted the selection results conducted by Selection Team and handed them to Republic of Indonesian House of Representative (DPR-RI) to carry on a Fit and Proper Test to all future candidates. It seems that the President is making an effort to throw this hot ball to the parliament.

DPR members, in particular Commission II responsible for the KPU selection process, initially considered to reject the KPU candidates’ selection results that are deemed crippled by law. However, due to the intensive lobby from the government to the House members, finally the Commission II relented and accepted the results from the Selection Team and continues to the stage of fit and proper test. However, several members of Commission II from the PAN and PKS parties walked out
from the Parliament in protest to the decision to carry on with the fit and proper test towards the candidates, since they believed some candidates had no right to become members of KPU due to involvement in political parties.

The Selected KPU Members and Their Issues
As many have suspected, the 7 KPU members have been selected by the parliament as a form of representation from political forces inside the parliament, particularly from Commission II. One of the chosen KPU members was selected for consideration of representing certain area of origin that is believed to be the vice president's hometown. Another selected KPU member was also considered to represent modern and traditional Islamic group who have tight connections with certain political party in the parliament.

The seven members of KPU chosen are Hafidz Anshary, I Putu Artha, Endang Sulastri, Sri Nuryanti, Andi Nurpati, Samsul Bahri and Abdul Azis. The problem left from the fit and proper test process at parliament is the chosen future candidate as KPU member, Samsul Bahri, who is in the following days has been proven to be involved in a corruption case. He is indicated to be a possible candidate endorsed by a very influential political figure in the parliament. With the corruption case by one of the future member candidate of KPU revealed, the President did not induct all the chosen candidates as only six of them are inaugurated. Some observers viewed the Presidential decision to induct 6 members of KPU was not in conformance with the prevailing regulation, which is Law No 22/2007 mandating the President to induct all 7 members of KPU. However, the President did not flinch at all and have not inducted the KPU member involved in the corruption case, therefore only 6 members of KPU who are active to date.

The chosen KPU members are faced with two quite complex issues. First, the legitimation and public trust issue upon KPU and second, the issue of solidity between KPU members. With the minus of one member, the KPU work performance is not optimal. The issue of low legitimation level and public trust towards the chosen KPU members is not fully the KPU members' fault. They are merely victims of illegitimate recruitment system and process.

Those two issues will affect KPU's performance in events to carry on KPU's primary function, which is to set the 2009 elections. And it is undeniable that the time to prepare it has run short. Thus, the two issues that have been chastising, is necessary to be resolved as soon as possible so that enables KPU to concentrate more on its backlogged work.

To increase public trust in KPU, there are a few things that should be carried out by KPU members. First, the members of KPU need to hold an open dialog with the public, especially NGOs and formal institutions related to elections and democracy. By holding an open dialog and open up communications with civil society organizations, the image of KPU could be restored and draw public supports. Second, KPU need to present a better result to the public, amongst others, to coordinate
with KPU secretariat staff soon and to set the forming of regional national election committee (KPUD) in provinces and regencies. Third, KPU need not to take on any a controversial policy resulting in lowering more trust in public.

Regarding the issue of the one KPU member that has not been inducted, it is necessary to be resolved as soon as possible. A solution would be to call off the induction of the remaining KPU member and replace him with an alternate candidate. How to replace him? The simplest, fastest, and constitutional option is that the President should demand the parliament to submit a replacement name. To prevent any further debate in public regarding who will fill the position, the parliament (or rather Commission II) should nominate the candidate who was ranked eight in the fit and proper test.

By filling the slot of the commissioner position, it is highly expected that KPU will work optimally in setting and holding the 2009 election. The people of Indonesia will easily forget the selection process of KPU member that is filled with politics and weaknesses if KPU can really show and provide the performance that is satisfactory to the public.