Harmonization of Laws and Regulations Simultaneous General Elections in Indonesia

Abstract

The urgency of harmonization of general election laws and regulations deserves the attention of all parties. The problems in this study are 1) harmonizing the laws and regulations for simultaneous general elections in Indonesia and 2) the efforts made in harmonizing the laws and regulations for simultaneous general elections in Indonesia. The research method used is normative juridical research. The source of data used in this study consists of secondary data. Result shows that 1) there's a lack of harmony between KPU regulation (PKPU) and Bawaslu Regulations (Perbawaslu) throughout the entire process of conducting simultaneous general elections in Indonesia, which leads to inconsistencies in the roles and responsibilities of election organizers, law enforcement, and election administrators. Many rules in the Election Law No. 7 of 2017 in the Pilkada Law No. 10 of 2016 do not guarantee legal certainty. There are still rules that are inconsistent with each other-for example, the term for the transfer voter list. In the Election Law, the term used in the Additional Voters List (DPTb). However, in the Pilkada Law, the term Transfer Voter List (DPPh) is used. The same applies to voters who fulfill the requirements but have not yet been included in the Final Voters List (DPT). The Election Law uses the term Special Voter List (DPK), while the term in the Pilkada Law is DPTb. To call the same condition, but the times are different. In addition, there is also a legal vacuum in the Election Law which causes a bias in interpreting the norms in the Election Law. 2) Efforts Made to Harmonize Simultaneous General Election Laws and Regulations in Indonesia first, harmonization is carried out by promoting the newest advances and maximizing the use of information system technology to ease the conduct of elections and  boost voter turnout. Second, harmonization is done to keep harmony, stability, and unity in the idea of laws and regulations as a system so that laws and regulations work correctly. Third, guarantee that the process of forming laws and regulations is carried out according to the principle of legal certainity.