Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: Article 22(1): Electoral districts for DPR members shall be a province, regency/Municipal,
or combined Regency/Municipality.
(3)In the event that the determination of the electoral district as governed in
paragraph (1) cannot possibly be applied, the determination of the electoral
district can use a part of regency/municipality.
Source: Law 8/2012 on General Election of the Members of House of Representatives,
People’s Representatives Council and Regional House of Representatives, Article 22: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries
Comments: Article 22(1-5): The constituencies for elections to the House of Representatives are based on the existing administrative boundaries of provinces, regencies/municipalities or combination of regencies/municipalities. In the event that this determination of constituencies cannot possibly be applied, the determination of constituencies can use a part of regency/municipality.
Article 31: An electoral area for members of the Region Representatives Council is defined as a province.
Source: Law 8/2012 on General Election of the Members of House of Representatives,
People’s Representatives Council and Regional House of Representatives, Article 22 & 31: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) e . Electoral Management Body (EMB)
Comments: The constituencies for elections to the House of Representatives are based on the existing administrative boundaries of provinces, regencies/municipalities or combination of regencies/municipalities. In the event that this determination of constituencies cannot possibly be applied, the determination of constituencies can use a part of regency/municipality.
An electoral area for members of the Region Representatives Council is defined as a province.
The National Election Commission (KPU) is a national, permanent and independent election body that is responsible for implementing national elections. It uses population data to create electoral districts.
Source: Law 8/2012 on General Election of the Members of House of Representatives,
People’s Representatives Council and Regional House of Representatives, Article 22, 31, and 32: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 6A(3): Any candidate for President who obtains more than fifty percent of the total number of votes during the general election and in addition polls at least twenty percent of the votes in more than half of the total number of provinces in Indonesia shall be elected President.
(4): In the event that there is no candidate for President elected, the two candidates that have obtained the first and second highest total of votes in the general election shall participate in a second round, and the candidate who receives the highest number of votes shall be elected President.
Source: Constitution of the Republic of Indonesia, Art. 4(1), 6A: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2024/01/31
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: Article 6A(3): Any candidate for President who obtains more than fifty percent of the total number of votes during the general election and in addition polls at least twenty percent of the votes in more than half of the total number of provinces in Indonesia shall be elected President.
(4): In the event that there is no candidate for President elected, the two candidates that have obtained the first and second highest total of votes in the general election shall participate in a second round, and the candidate who receives the highest number of votes shall be elected President.
Source: Constitution of the Republic of Indonesia, Art. 4(1), 6A: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2024/02/07
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Article 4(1): The President of the Republic of Indonesia shall hold the power of government in accordance with the Constitution.
Source: Constitution of the Republic of Indonesia, Art. 4(1): http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2024/01/31
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Article 2(1): The MPR shall consist of the members of the DPR and the members of the DPD who have been elected through general elections, and shall be regulated further by law.
Source: Constitution of the Republic of Indonesia, Article 2(1): http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2024/02/07
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Article 5(1): The Election to elect members of DPR, Provincial DPRD, and Regency/Municipal DPRD shall be conducted in an open-list proportional system.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Article 5(1): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments: Article 1(2): The Election of Members of House of Representatives, People’s Representatives Council, and Regional House of Representatives is the Election to elect members of House of Representatives, Regional Representatives Council, Provincial House of Representatives, and Regency/Municipal Regional House of Representatives in the Unified State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia.
Article 1(6-10) provide information on electoral bodies for elections from the national level to the village level.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 1: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 1(25): Voters are citizens of the Republic of Indonesia who have reached 17(seventeen) years of age or more, or married.
Article 19(1): Any Indonesian citizen who, on the voting day, has reached the age of 17(seventeen) years or more or is/have married shall has the right to vote.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 1 (25), 19(1): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: Article 1(17): Bawaslu is the Election Supervisory Body that supervises the implementation of the Election throughout the Unified State of the Republic of Indonesia.
Article 258(1): Bawaslu is entitled to solve election disputes.
(3) Bawaslu shall investigate and decide Election disputes within 12 (twelve)
days after receiving the report or finding.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 1(17), 258: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/01/31
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments:
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, art. 1 (17, 18, 19), 6: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view;
Law 15/2011 on the General Election Implementers, art. 1 (5): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments: The source of the budget of KPU, Provincial KPU, Regency/Municipality KPU, Bawaslu, Provincial Bawaslu, DKPP, Secretariat General of KPU, Secretariat of Provincial KPU, and Secretariat of Regency/Municipality KPU as well as the Secretariat General of Bawaslu and Secretariat of Provincial Bawaslu shall be from the State Expenditure and Revenue Budget. The budget for the implementation and supervision of the Election of Members of the House of Representatives, People’s Representatives Council, and Regional House of Representatives as well as the Election of President and Vice President shall be allocated in the State Expenditure and Revenue Budget.
Source: Law 15/2011 on the General Election Implementers, Articles 8(1) &116 : http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government
Comments: The utilization of the budget received by KPU from the National Budget (APBN) shall be periodically checked by the Supreme Audit Agency.
Source: Law 15/2011 on the General Election Implementers, art. 8 (4-d): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: For a term of 5 years.
Source: Law 15/2011 on the General Election Implementers, art. 6 (6): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The National Election Commission (KPU) is a national, permanent and independent body responsible for implementing the Election. In implementing Elections, KPU shall be free from the influence of any party related to the implementation of its duties and authorities.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, art. 1 (6): http://anfrel.org/wp-content/uploads/2012/08/IFES-Indonesia-Unofficial-Translation-of-Law-82012-on-Legislative-Elections-v1_2012-06-14.pdf (2012);
Law 15/2011 on the General Election Implementers, art. 1 (6), 2 (a), 3 (3): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2012/12/05
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: KPU consists of 7 members.
Source: Law 15/2011 on the General Election Implementers, art. 6 (1-a): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: The requirements to become candidates for members of KPU, Provincial KPU, or Regency/Municipality KPU are: citizen of the Republic of Indonesia; on the day of registration shall be of the age of no less than 35 (thirty five) years old for the candidates for KPU members and of the age of no less than 30 (thirty) years for the candidates for Provincial KPU members or Regency/Municipality KPU members; faithful to Pancasila as the state foundation and the Constitution of 1945 and the aspirations of the Independence Proclamation of August 17, 1945; having integrity, strong personality, honesty, and fairness; having knowledge and skill related to the implementation of Election; having educational background of no less than Bachelor Degree (S-1) for candidates for KPU members and Provincial KPU members and at least, high school graduate or equivalent for candidates for members of Regency/Municipality KPU; having a domicile in the area of the Republic of Indonesia for members of KPU, in the relevant provincial area for Provincial KPU members, or in the relevant Regency/Municipality for members of Regency/Municipality KPU as proven by their national identity card; physically and mentally competent; having resigned from political party membership, political position, position in government and State/Regional government owned Company at the time of enrolment as a candidate; has never been sentenced or imprisoned based on a final and legally binding verdict for a criminal act punishable by imprisonment of 5 (five) years or more; willing to work full time; willing not to serve in any political position, position in the government and a state/regional government owned company during the membership term if elected; not in the status of marriage with other Election Implementers.
Source: Law 15/2011 on the General Election Implementers, art. 11: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State e . Legislature i . Other
Comments: The KPU members are selected by the Legislature and a Selection Team established by the President. The President shall propose 14 names of nominated candidates or 2 times the number of KPU members to the House of Representatives. The House of Representatives shall select candidates for KPU members based on the result of the fit and proper test. The House of Representatives shall decide on the best 7 out of the 14 names of candidates for KPU members.
Source: Law 15/2011 on the General Election Implementers, art. 12, 13, 14, 15, 16: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-of-the-republic-of-indonesia-15-2011
Verified: 2014/04/02
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations i . Media
Comments: The Election Commission conducts information campaigns. According to the EU Election Observation Mission Final Report of the General Elections (2018), civil society organizations and media also contributed.
Source: Election Commission of Pakistan Official Website: http://www.ecp.gov.pk/ (2012)
EU Election Observation Mission Final Report of the General Elections (2018)
https://www.eeas.europa.eu/sites/default/files/final_report_pakistan_2018_english_0.pdf
Verified: 2024/01/31
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments: According to the EU Election Observation Mission Final Report of the General Elections (2018), the Election Commission's voter information campaign was visible in broadcast media only one week before election day.
Source: Election Commission of Pakistan Official Website: http://www.ecp.gov.pk/ (2012)
EU Election Observation Mission Final Report of the General Elections (2018)
https://www.eeas.europa.eu/sites/default/files/final_report_pakistan_2018_english_0.pdf
Verified: 2024/01/31
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No
Comments:
Source: Election Commission of Pakistan Official Website: http://www.ecp.gov.pk/ (2012)
Verified: 2024/01/31
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: A person shall be entitled to vote if he is not less than eighteen years of age.
Source: Constitution, Αrt. 51 (2)
https://na.gov.pk/uploads/documents/1333523681_951.pdf
Verified: 2024/01/31
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: A person shall be entitled to vote if--
(a) he is a citizen of Pakistan
(b) he is not less than eighteen years of age
(c) his name appears on the electoral roll
(d) he is not declared by a competent court to be unsound mind
Source: Constitution, Αrt. 51 (2)
https://na.gov.pk/uploads/documents/1333523681_951.pdf
Verified: 2024/01/31
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Chief Election Commissioner and the Election Commission
Source: The Electoral Rolls Act, 1974
Constitution, Art. 219
Verified: 2024/01/31
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: A person, who is a citizen of Pakistan, is not less than 18 years of age on the first day of January of the year in which the rolls are prepared or revised, is not declared by a competent court to be of unsound mind and is or is deemed to be a resident of an electroal area, can get himself enrolled as a voter in that electoral area.
Source: The Electoral Rolls Act 1974
https://pakvoter.org/wp-content/pdfs/Pakistan%20Election%20Laws/THE%20ELECTORAL%20ROLLS%20ACT%201974.pdf
Official webiste of Election Commission of Pakistan: https://ecp.gov.pk/election-laws-eligibility-to-be-a-voter
Verified: 2024/01/31
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
c . Regional distribution requirement f . Other
Comments: Article 8(1): Political Parties that contested the last Election and met the threshold of vote acquisition of the total national valid votes shall be determined as Contesting Political Parties in the next Election.
(2): Political Parties that did not meet the threshold of vote acquisition in the
previous Election or newly established political parties may become Election
Contestants after meeting the following requirements:
a. possessing the status of legal entity as referred to in the Law on Political Parties;
b. having regional chapters in all provinces;
c. having chapters in 75% (seventy five percent) of the total number of regencies/municipalities in the province;
d. having chapters in 50% (fifty percent) of the total number of districts/kecamatan in the Regency/Municipal;
e. accommodating at least 30% women’s representation in the management of the central chapter of the political party;
f. having a minimum of 1000 members or 1/1.000 of the total population for each chapter of political party as referred to in letter c which is proven by the ownership of the membership card;
g. having permanent offices for the chapters on the central, provincial and regency/municipal levels until the final stage of the Election;
h. proposing the name, symbol, and logo of the political party to KPU; and
(3): providing the account number for campaign financing bearing the name of the political party to KPU.
Article 14(1): A political party can become an election contestant by applying to register to KPU to become a candidate for election contestant.
Article 54: The list of nominees of candidates as referred to in Article 53 shall no more than 100% of the number of seats in each electoral district.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 8, 14, 15, & 54: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration h . Minimum level of education i . Minimum level of literacy j . Other
Comments: Article 51(1): A nominees of candidate as member of the House of Representatives shall be a citizen of the Republic of Indonesia and shall fulfill the following criteria:
a. has reached the age of 21 years or more;
b. believes in the one and only God;
c. domiciles in the territory of the Unified State of the Republic of Indonesia;
d. is able to speak, read and write in Indonesian;
e. has the educational background of no less than Senior High School, Religious High School, Vocational High School, Religious Vocational High School or other schools of the same level;
f. is loyal to Pancasila as the state foundation and the Constitution of 1945 and the goals of the Proclamation of August 17, 1945;
g. has never been sentenced or imprisoned based on a legitimate and final and binding decision for a criminal offences which is subject to 5 years or more imprisonment;
h. is physically and mentally healthy;
i. has been registered as a voter;
j. is willing to work full-time;
k. resigns from the positions as region heads, vice region heads, civil servants, members of Indonesian National Army, or members of the State Police of the Republic of Indonesia, directors, commissioners, board of trustees and employees in the state or region owned corporations or any entity of which the budget expense is financed by the state which is proven by irrevocable letter of resignation;
l. is willing not to practice as a public accountant, lawyer, notary, land certificate issuing authority, and/or not to become a supplier of goods and services related to the state finance and other occupations that may cause conflict of interests with the duties, authority and rights as a member of DPD in line with the provision in regulations of laws;
m. is willing not to serve in concurrent position as other state authorities, directors, commissioners, board of trustees and employees in the state or region owned corporations or any entity of which the budget expense is financed by state finance;
n. has become a member of an Election Contesting Political Party;
o. nominated only in 1 representative institution; and
p. nominated only in 1 electoral district.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 51(1): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
d . In legislative elections (Chamber 2)
Comments: Independent candidates can only compete in legislative elections for the second Chamber (DPD).
Article 1(26): Election Contestants shall refer to political parties contesting in the Election to elect members of DPR, Provincial DPRD, and Regency/Municipal DPRD, and individuals contesting in the election for members of DPD.
Article 11: Election Contestants for the election of members of the Region Representatives Council are individuals.
The requirements for an individual to become an Election Contestant are identified in Articles 12 and 13 of Law 8/2012.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 1 (26, 28), 11, 12, 13: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view;
Constitution, Art. 22E(4): http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2024/02/07
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: Political parties are entitled to financial subsidies from the national budgets and/or regional budgets.
Source: Law 2/2011 on Political Parties, Article 34(1, 3): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-2-2011-on-political-parties-2011/view
Verified: 2024/02/07
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: Article 34(3): Financial subsidy from the National budget/Regional Budget shall be provided proportionally to political parties that acquire seats in the House of Representatives, Provincial House of Representatives and Regency/Municipal House of Representatives the calculation of which is based on the vote acquisition.
Source: Law 2/2011 on Political Parties, Article 34(3): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-2-2011-on-political-parties-2011/view
Verified: 2024/02/07
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Article 34(1): (1) The financial sources of political party shall be as follows:
a. Membership dues;
b. Contributions that are legitimate in accordance to the prevailing laws;
c. Financial Subsidy from the national budgets and/or regional budgets
Source: Law 2/2011 on Political Parties, Article 34(1) & 35: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-2-2011-on-political-parties-2011/view
Verified: 2024/02/07
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Article 74(1): Counting of the votes acquired by the Election Contesting Political Parties and the votes acquired by the candidates for DPR, DPD, Provincial DPRD and Regency/Municipal DPRD in TPS shall be conducted by KPPS.
Article 175(1): Vote counting at TPS/TPSLN shall be conducted after the end of the voting period.
(2) Vote counting as referred to in paragraph (1) shall only be done and completed at the TPS/TPSLN on the polling day.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 174, 175, 176: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request f . Other
Comments: Article 223(2): Vote recounting at TPS may be conducted if the following conditions take place:
a. riots that caused the discontinuation of vote counting;
b. vote counting was conducted in a closed room;
c. vote counting was conducted in a dark room or in a poorly lit place;
d. vote counting was conducted in an unclear voice;
e. vote counting was recorded on board with illegible writing;
f. witnesses of Election Contestant, Field Election Supervisor, and
members of the society could not witness the vote counting process
clearly.
g. vote counting was conducted in another place or outside the
predetermined place and time; and/or
h. inconsistency in determining valid and invalid votes
Article 227(1): In the event that there are differences between the number of votes on the certificate of voting results from TPS and the number of votes on the certificate of voting results which is received by PPS from TPS, witnesses of Election Contestants on the level of district/kecamatan and witnesses of Election Contestants at the TPS, District/Kecamatan Panwaslu, or Field Election Supervisor, the PPS shall conduct recounting of the votes for the concerned TPS.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Article 223, 227: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments: Article 92(2): Community broadcasting institutions can broadcast election processes in the interest of public service but shall not be used for the campaign interest of the Election Contestants.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 92(2): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections
Comments: Articles 277 and 290 contain provisions and rules for conducting presidential debates. Article 451(3) contains information on funding for presidential debates.
Source: Indonesia: Electoral Code, Law No. 7 (2017), Art. 277, 290, 451(3), https://aceproject.org/ero-en/regions/asia/ID/indonesia-electoral-code-law-nr.-7-2017/view
Verified: 2024/02/07
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
b . 2-3 days
Comments: Article 83(3): The cooling off period as referred to in paragraph (1) and paragraph (2) shall be held for 3 (three) days prior to the voting day/date.
Article 291: Any individual or survey company that announces the survey or polling results during the cooling off period shall be subject to imprisonment for a maximum of 1 year and a fine for a maximum of Rp 12,000,000.00.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 83(3), 291: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions in this regard.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments: There is no direct democracy mechanism in the Indonesian legal framework. The legislation that contained stipulations on referendum as one of tools of direct democracy was revoked by law number 6/1999.
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Constitution: http://aceproject.org/ero-en/regions/asia/ID/indonesia-constitution/view
Verified: 2014/04/02
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments: Article 149(1): Voters who are entitled to cast a ballot in TPS shall include:
a): Registered voters on the final voter list for the relevant polling station
Article 150(2, a): Voting in the TPS in the neighborhood in line with the address written
on the Residential Identity Card or passport
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 40 (1, 2), 149, 150 (2): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country
Comments: Article 41 concerns establishing voter registry lists for overseas citizens while Article 158 concerns the actual voting process for Indonesian citizens residing overseas.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 41, 158: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates e . By mail
Comments: Article 158(2): Voting as referred to in paragraph (1) shall be held at every representative office of the Republic of Indonesia at the same time as the polling time of the election in Indonesia or at the adjusted time.
Article 158(3): In the event that a voter is not able to cast his/her vote at the provided TPSLN, he/she may cast his/her vote via post addressed to PPLN at the local representative mission of the Republic of Indonesia.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 158 (2, 3): http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
c . Punch card
Comments: Article 154: Voting for the election of members of DPR, Provincial DPRD, and Regency/Municipal DPRD shall be conducted by making a single puncture on the ballot on the number or the name of the candidate.
Source: Law 8/2012 on General Election of the Members of House of Representatives, People’s Representatives Council and Regional House of Representatives, Art. 154: http://aceproject.org/ero-en/regions/asia/ID/indonesia-law-8-2012-on-general-election-of-the/view
Verified: 2024/02/07
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