Komnas HAM, Indonesia LOIPR ICCPR
East Kalimantan, only 19 out of 27 patients voted; at Jiwa Lawang Hospital,
Surabaya, out of 500 patients, only 22 were facilitated to vote.
d. Some indigenous community members who did not have KTP-el and/or were not
yet registered as voters.
76.
The 2019 election was marked by violent acts by officials, especially in handling the
mass protest in front of the Election Supervisory Body (Bawaslu) office on May 21-23,
2019. Komnas HAM released an investigative report on October 29, 2019, detailing
data on complaints of 32 (thirty two) people reported missing and have been found, 10
(ten) fatalities that include 9 (nine) people who were killed by live ammunition in
Jakarta, including 1 (one) victim in Pontianak, West Kalimantan. Nevertheless, so far
there has been no known follow up on Komnas HAM's recommendation to the Police
to investigate and prosecute the perpetrators. These police violence cases have not been
met with responses that fulfill the sense of public justice.
77.
In organizing the 2019 elections, the 553 organizing officers and 92 supervisors died,
while thousands more suffered from illness. This condition is closely related to how the
electoral administration system was designed, where each polling station received 300
registered voters and 5 ballot boxes, added with poor simulation of the elections. The
resulting outcome was various dynamics in the voting day, the lack of anticipated
need/requirement for more human resources, time, and the absence of health posts,
causing deteriorating impact on health and even death.
78.
Komnas HAM corresponded to the President of the Republic of Indonesia with a letter
Number: 077/Election Team/IV/2020 dated April 28, 2020 in an appeal for the
President postpone the concurrent elections in September 2020. The government then
decided to postpone it only 3 (three) months to December 2020. The implication is that
KPU must continue phasing in June 2020. Komnas HAM still has concern over the
organization of the next elections when COVID-19 pandemic is not yet over, creating
potential threats to the right to health, the right to life, and the right to a sense of security
for all the involved parties, which include organizers, candidates, and voters. Therefore,
it is necessary to prepare at least proper health protocols in the preparatory stage of the
general elections, while ensuring accountable, honest, and fair elections.
List of issues:
1) What is the mechanism for ensuring that anyone who is 17 years old and/or married
has the right to vote in the General Election?
2) What would be the solution to the problem of vulnerable groups, especially
prisoners and detainees, hospital patients and persons with disabilities, including
mental disabilities, to obtain their voting rights?
3) What are the legal consequences of excessive use of force against protesters who
express their opinions or organize a rally, and how can impartiality be guaranteed
(both for those who support and oppose the government)?
4) How does the government ensure protection of the right to health and the right to
life of general elections organizers so that incidents like the one that happened with
the 2019 General Election can be avoided?
5) How does the government ensure that concurrent regional elections during the
COVID-19 outbreak still reflect the principles of fairness and accountability (both
in the implementation and the election results), while guaranteeing the right to life
and the right to security of the people and general election organizers?
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