Law of Republic of Indonesia Number 7 Year 2017 Governing Elections
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1 LAW OF REPUBLIC OF INDONESIA NUMBER 7 YEAR 2017 GOVERNING ELECTIONS WITH THE GRACE OF LORD ALMIGHTY, THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that in order to achieve the national goal and objectives as expressed in the Preamble of the 1945 Constitution of the Republic of Indonesia the state of Indonesia must hold elections to elect members of the People’s House of Representatives, House of Regional Representatives, President and Vice President, and Regional House of Representatives, as a facility to realize people’s sovereignty in appointing people’s representatives and a government that is democratic, as defined by the Pancasila and the 1945 Constitution; b. that election needs to be managed as would a high-quality manifestation of a democratic and high-integrity governance system aiming to guarantee legal certainty and consistency as well as an effective and efficient election; c. that an election must guarantee that the people are able to convey their aspirations in a manner that is direct, general, free, secret, honest, and fair; d. that ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 2 d. that Law 42/2008 governing Presidential Elections, Law 15/2011 governing Election Management Bodies (EMBs), and Law 8/2012 governing Legislative Elections must be combined into one law to streamline and simplify the prevailing legal foundation for a simultaneous general election; e. that based on considerations as mentioned in letters a, b, c, and d, it is deemed necessary to establish a combined law about Elections; Bearing in mind: Article 1 paragraph (2), Article 5 paragraph (1), Article 6, Article 6A, Article 18 paragraph (3), Article 19 paragraph (1), Article 20, Article 22C paragraph (1), and Article 22E of the 1945 Constitution of the Republic of Indonesia; With agreement between PEOPLE'S HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and THE PRESIDENT OF THE REPUBLIC OF INDONESIA DECIDES: to promulgate: LAW GOVERNING ELECTION BOOK ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 3 FIRST BOOK GENERAL PROVISIONS CHAPTER I DEFINITIONS Article 1 In this Law, the following terms are defined as follows: 1. A General Election, hereinafter may also be referred to as an Election, is an activity to facilitate people’s sovereignty by facilitating the election of members of People’s House of Representatives, House of Regional Representatives, Regional House of Representatives, and the President and the Vice President, in a manner that is direct, general, free, secret, honest, and fair in the Unitary State of Republic of Indonesia under Pancasila and the 1945 Constitution of Republic of Indonesia. 2. Election Management is the execution of electoral stages by the election management bodies. 3. President and Vice President is as defined in the 1945 Constitution of the Republic of Indonesia. 4. People’s House of Representatives, hereinafter abbreviated as the DPR, is as defined in the 1945 Constitution of the Republic of Indonesia. 5. House of Regional Representatives, hereinafter abbreviated as the DPD, is as defined in the 1945 Constitution of the Republic of Indonesia. 6. Regional House of Representatives, hereinafter abbreviated as the DPRD, is the people’s house of representatives at the province or regency/city level, as defined by the 1945 Constitution of the Republic of Indonesia. 7.Election Management Bodies ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 4 7. Election Management Bodies, hereinafter abbreviated as EMBs, are three bodies that manage elections in Indonesia. The three bodies are the General Election Commission, Election Supervisory Body, and the Election Management Bodies’ Ethics Council. The three bodies shall work collaboratively as a unit to manage elections in which Indonesian voters directly elect members of the People’s House of Representatives, House of Regional Representatives, Regional House of Representatives, President, and the Vice President. 8. The General Election Commission, hereinafter abbreviated as the KPU, is an election management body that is national, fixed, and independent in nature, bearing the task to conduct elections. 9. Provincial Election Commission, hereinafter abbreviated as Provincial KPU, is an EMB that conducts elections at the province-level. 10. Regency/City Election Commission, hereinafter abbreviated as Regency/City KPU, is an EMB that conducts elections at the regency/city-level. 11. Sub-district Election Committee, hereinafter abbreviated as PPK, is an ad-hoc committee appointed by the Regency/City KPU to conduct elections at the sub- district (or other names bearing the same administrative status) level. 12. Village Voting Committee, hereinafter abbreviated as PPS, is an ad-hoc committee appointed by the Regency/City KPU to conduct elections at the village (c) level. 13. Overseas Election Committee, hereinafter abbreviated as PPLN, is an ad-hoc committee appointed by the KPU to conduct elections abroad. 14. Polling Station Voting Group, hereinafter abbreviated as KPPS, is a group appointed by PPS to conduct the voting process at polling stations. 15. Overseas Polling Station Voting Group, hereinafter abbreviated as KPPSLN, is a group appointed by PPLN to conduct the voting process at polling stations abroad. 16. Voter Data Update Officers ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 5 16. Voter Data Update Officers, hereinafter abbreviated as Pantarlih, is a group of officers appointed by PPS or PPLN to conduct voter data registration and update. 17. Election Supervisory Body, hereinafter abbreviated as Bawaslu, is an EMB that supervises electoral conduct in all regions within the Unitary State of Republic of Indonesia. 18. Provincial Election Supervisory Body, hereinafter abbreviated as Provincial Bawaslu, is a body that supervises electoral conduct at the province level. 19. Regency/City Election Supervisory Body, hereinafter abbreviated as Regency/City Bawaslu, is a body that supervises electoral conduct at regency/city-level. 20. Sub-district Election Supervisory Committee, hereinafter abbreviated as Sub- district Panwaslu, is an ad-hoc committee appointed by Regency/City Bawaslu to supervise electoral conduct at the sub-district (or other names bearing the same administrative status) level. 21. Village Election Supervisory Committee, hereinafter abbreviated as Village Panwaslu, is an ad-hoc committee to supervise electoral conduct at the village (or other names bearing the same administrative status) level. 22. Overseas Election Supervisory Committee, hereinafter abbreviated as Overseas Panwaslu, is ad ad-hoc committee appointed by Bawaslu to supervise electoral conduct abroad. 23. Polling Station Election Supervisors are officers appointed by Sub-district Panwaslu to assist Village Panwaslu. 24. Election Management Bodies Ethics Council, hereinafter abbreviated as DKPP, is an EMB tasked to handle and issue verdicts regarding ethical code violations by other EMBs. 25. Polling Station ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 6 25. A Polling Station is a venue where voting process is held. 26. An Overseas Polling Station is a venue abroad where voting process is held. 27. Election Contestants are political parties that compete as participants in the legislative elections (electing members of the DPR, Provincial DPRD, Regency/City DPRD), individuals that participate in election of DPD members, and candidate tickets proposed by political parties (or a coalition thereof) as presidential/vice-presidential candidates. 28. Presidential Candidate Ticket is a pair that consists of a presidential candidate and a vice-presidential candidate, proposed by a political party (or a coalition thereof) that has fulfilled all existing requirements. 29. A Political Party Contesting in an Election is a political party that has fulfilled all existing requirements to contest in the election of DPR, Provincial DPRD, and Regency/City DPRD members. 30. A Coalition of Political Parties Contesting in an Election is a coalition between 2 (two) or more political parties mutually agreeing to propose 1 (one) presidential candidate ticket. 31. An Individual Contesting in an Election is an individual who has fulfilled all existing requirements to contest in the election of DPD members. 32. A Citizen is a person of Indonesian citizenship residing in Indonesia or abroad. 33. An Indonesian Citizen is a person born in Indonesia or a person who previously had hold other citizenship but has been validated by law as a citizen of Indonesia. 34. A Voter is an Indonesian citizen who is at least 17 (seventeen) years of age or is/has been married. 35. Electoral Campaign ... IFES Indonesia – unofficial and unauthorized translation of Law 7/2017 on General Election Comments and edits to translation are welcome 7 35. Electoral Campaign is the activity by Election Contestants or other parties appointed by Election Contestants to persuade voters to vote a certain way by advertising a particular Election Contestant’s vision, mission, platforms, and/or image. 36. Quiet Period is a period before Election Day in which campaign activities