Unofficial Translation

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NATIONAL ELECTION COMMISSION

THE DECREE OF THE NATIONAL ELECTION COMMISSION NUMBER 01 OF THE YEAR 2004

ON

IMPLEMENTATION PROCEDURES FOR VOTING AND VOTE COUNTING AT POLLING STATIONS IN RELATION TO THE ELECTION OF MEMBERS FOR THE PEOPLE’S REPRESENTATIVES COUNCIL (DPR), REGIONAL REPRESENTATIVES COUNCIL (DPD), PROVINCIAL PEOPLE’S REPRESENTATIVES COUNCIL (DPRD) AND REGENCY/CITY PEOPLE’S REPRESENTATIVES COUNCIL.

THE NATIONAL ELECTION COMMISSION

ConsideringIn order to implement Article 87, Article 88 paragraph (3), Article 89, Article 92, Article 93, Article 94 and Article 103 paragraph (1) of Law Number 12 of 2003 on the General Election of members of the DPR, DPD, Provincial DPRD and Regency/City DPRD, it is necessary to determine the procedures for voting and vote counting in the elections for members of the DPR, DPD, Provincial DPRD and Regency/City DPRD by a decree of the National Election Commission (KPU).

In reference to 1. Law Number 31 of 2002 on Political Parties (State Gazette of the Republic of Indonesia of 2002 Number 138, Supplementary State Gazette of the Republic of Indonesia Number 4251);

2. Law Number 12 of 2003 on the General Election of Members of the People’s Representatives Council, the Regional Representatives Councils, the Provincial People’s Representatives Council and the Regency/City People’s Representatives Council (State Gazette of the Republic of Indonesia of 2003 Number 37, Supplementary State Gazette of the Republic of Indonesia Number 4277);

3. The Decree of the President of the Republic of Indonesia, Number 54 of 2003, regarding the Organizational Structure and Working Procedures of the National Election Commission (KPU);

4. The Decree of the KPU Number 100 of 2003 on the Stages, Programs and Schedules for conducting the General Election of Members of the DPR, DPD and Regional DPRDs as amended by the Decree of the KPU Number 636 of 2003.

5. The Decree of the KPU Number 172 of 2003 on the Organization and Working Procedures of the Kecamatan Electoral Committees (PPK), Village Election Committees (PPS) and Voting Station Officials (KPPS);

6. The Decree of the KPU Number 618 of 2003 on the Voter’s Card for the General Elections of Members of the DPR, DPD, Provincial DPRD and Regency/City DPRD;

7. The Decree of the KPU Number 621 of 2003 on the Ballot Box required for Voting for the General Election of Members of the DPR, DPD, DPRD, Provincial DPRD and Regency/City DPRD.

8. The Decree of the KPU Number 640 of 2003 on the Determination of Electoral Districts, Population and Number of Seats for the 2004 General Election of Members of the DPR that has been replaced with the Decree of the KPU Number 680 of 2003.

9. The Decrees of the KPU Numbers 641 to 672 of on Determination of Electoral Districts for the General Election of Members of the Provincial DPRD and Regency/City DPRD;

Considering:the result of the Plenary Sessions of the National Election Commission dated 16th and 23rd December of 2003;

DECIDES

To enact:THE DECREE OF THE NATIONAL ELECTION COMMISSION REGARDING THE IMPLEMENTATION PROCEDURES FOR VOTING AND VOTE COUNTING AT POLLING STATIONS IN THE GENERAL ELECTION OF THE MEMBERS OF THE PEOPLE’S REPRESENTATIVE COUNCIL (DPR), REGIONAL REPRESENTATIVE COUNCIL (DPD), PROVINCIAL PEOPLE’S REPRESENTATIVE COUNCIL AND REGENCY/CITY PEOPLE’S REPRESENTATIVE COUNCIL.

CHAPTER 1

GENERAL PROVISIONS

Article 1

In this Decree the terms used are given the following definitions:

  1. People’s Representative Council, Regional Representatives Councils, ProvincialPeople’s Representative Councils, Regency/City People’s Representative Councils are hereinafter referred to as DPR, DPD, Provincial DPRD, Regency/City DPRD..
  1. The National Election Commission, Provincial Election Commission and Regency/City Election Commission hereinafter referred to, as KPU, Provincial KPU and Regency/City KPU are the election managers in the provinces and regencies.
  1. Provincial KPU and Regency/City KPU are a part of the National Election Commission.
  1. Kecamatan Election Committee, Village Election Committee, Polling Station Officials and Polling Stations hereinafter are referred to as PPK, PPS, KPPS and TPS
  1. Voters are citizens of the Republic of Indonesia aged at least 17 (seventeen) years or who are/have been married.
  1. General Election Participants are Political Parties, and Individuals who are candidates for the DPD, as determined by a KPU Decree.
  1. Political Parties who are participants in the General Election are hereinafter referred to as Political Parties.
  1. Witnesses for the participants in the General Election, who haveobtainedauthorisation from the Executive of the Political Party and Candidates for the DPD. hereinafter are referred to as Witnesses for the General Election,
  1. The General Election Supervisory Committee, hereinafter referred to as Panwas, is the General Election Supervisory Committee whose area of authority covers the relevant TPS.
  1. Ballot box is the ballot box as defined in the Decree of the National Election Commission Number 621 of the Year 2003, referring to the use of ballot boxes for the purpose of Voting in the General Election of members of the DPR, DPD, Provincial DPRD, Regency/City DPRD.
  1. Voters Card is the voter card as defined in the Decree of the National Election Commission Number 618 of the Year 2003, referring to the voters card for the purpose of Voting at the General Election for DPR, DPD, Provincial DPRD, Regency/City DPRD.
  1. Polling Booth is a place, whose size and format is determined by a KPU decree, provided for the voter to cast his/her vote at the election of members of the DPR, DPD, Provincial DPRD, and Regency/City DPRD..
  1. Voting is an activity whereby a voter casts his/her vote in the polling booth at the polling station by putting a hole in his/her ballot paper for the election of members of the DPR, DPD, Provincial DPRD, and Regency/City DPRD.
  1. A ballot paper is a piece of paper, whose quantity, type, shape, size and color are determined by the KPU,on which a vote is cast at the General Electionof members of the DPR, Provincial DPRD and Regency/City DPRD, which contains the name, number and symbol of the political party, and for voting for members of the DPD containsthe number, candidates’ pictures and names of candidates.

Article 2

  1. In order to be able to use his/her right to vote, a voter, as defined in Article 1 paragraph 5, must be registered on the voters list.
  1. Voters are only allowed to use his/her right to voter at a pre-determined polling station.

Article 3

  1. For the requirements of maintenance of the voters list by the PPS, and to guarantee the supply of ballot papers and other administrative materials for voting and vote counting at polling stations, the voters list shall not be changed after the determination of the candidate list for members of the DPR, DPD, Provincial DPRD and Regency/City DPRD, unless there are any deceased voters, and/or a person no longer meets the requirements to be a voter, or a voter has moved.

Article 4

  1. No later than14 days (fourteen days) before polling day. a voter who has moved from his/her residence is obliged to ask for a letter advising the change of entitlement from the local PPS, and then report his/her movement to the PPS in the new electoral area.
  1. A voter, who wants to exercise his/her to vote at another TPS, must request a letter advising the change of entitlement from his/her local PPS before the determination of the Final List of Candidates for membership of the DPR, DPD, Provincial DPRD, Regency/City DPRD, and then report his/her movement to the relevant PPS for the other TPS.

Article 5

  1. A registered voter, who for one unavoidable reason or another,isprevented from exercising his/herright to vote at the assigned TPS, may do so at another TPS by presenting his/her voters card.
  1. The circumstances described in paragraph (1) refer to a situation where impediments are caused by an unavoidable discharge of public service on polling day, or for other reasons which are beyond the ability of the voter to circumvent, amongst others: being an in-patient at a hospital, in care due to illness, incarceration in a house of correction/prison, natural catastrophe, that preventthe voter from casting his/her vote.

CHAPTER II

VOTING

Part One
Preparatory Actions

SECTION ONE

Formation of and Taking Oaths by the KPPS

Article 6

(1)Formation of a KPPS by the PPS within the Desa/Kelurahan’s (or other relevant name’s) area of authority is made within a period of 10 (ten) days and is completed no later than10 (ten) days before polling day.

(2)The names of 7 (seven) persons to be Members of the KPPS and 2 (two) persons to be Security Officials in charge of the TPS are proposed by the Kepala Desa/Lurah, or other relevant position title, to the PPS. This occurs no later than 20 (twenty) days before polling day, and is then determined by a PPS Decree.

(3)Members of the KPPS as specified in paragraph (2), must meet the following requirements:

  1. Indonesian Citizen
  1. Aged at least 17 years
  1. Domiciled within the KPPS’s area of authority
  1. Registered as a voter
  1. Is not a Political party administrator.

(4)The Chair of the KPPS is chosen in a democratic manner by and from the KPPS members.

Article 7

(1)Prior to performing his/her duties, the Head of the KPPS takes an oath before the PPS, followed by an explanation of the duties and powers of the KPPS and the procedures applicable to voting and vote counting at the TPS.

(2)The Head of the KPPS leads the oath-taking ceremony for the other KPPS members and TPS security officials, on polling day, before 07:00 local time.

SECTION TWO

Equipment

Article 8

(1)The PPS hands over to the KPPS the equipment required for voting and vote counting at the TPS, namely:

  1. 4 (four) ballot boxes provided for the election of members of the DPR, DPD, Provincial DPRD, and Regency/City DPRD;
  1. At least 1 (one) and at most 6 (six) polling booths for each TPS, under the condition that, if the voters for a TPS are less than 300 (three hundred) people, every polling booth shall accommodate approximately 50 (fifty) voters;
  1. Ballot papers for the election of DPR, DPD, Provincial DPRD and Regency/City DPRD members in quantities equal to the number of voters registered in the copy of the final voters list for the TPS, plus 2.5%, and other administrative materials, namely:

1)Two bottles of indelible ink/special ink for each TPS;

2)Punching tools and pads to perforate the ballot paper, minimum 1 (one) and maximum 6 (six) sets for each TPS;

3)30 (thirty) 2004 election seals;

4)Forms for official reports on the voting and vote counting at the TPS and the certificates of results of the vote count at the TPS;

5)Other materials consisting of: glue, string, labels, black markers, covering letter, paper envelopes, plastic pouches and ballpoints;

  1. A list of candidates for the DPR, DPD, Provincial DPRD, and Regency/City DPRD members, each in duplicate (2 copies)
  1. One copy of the final voters list for the relevant TPS, made by the PPS;
  1. 7 (seven) identity cards for KPPS and 2 (two) for TPS security officials;
  1. Notification letters to vote at the TPS in a quantity that equals the number of voters at the relevant TPS;
  1. A text for the oath;
  1. A text containing the procedures for voting and vote counting at the TPS;
  1. 4 (four) keys in a transparent plastic pouch.

(2)The ballot papers, together with the other administrative materials as specified in paragraph (1) (c), are placed in the ballot box specified in paragraph (1) (a), and locked and sealed.

(3)The Head of the KPPS, assisted by the KPPS members and the TPS security officials, are responsible for the security of the materials required for voting and vote counting at the TPS as specified in paragraphs (1) and (2).

SECTION THREE

Allocation of Duties

Article 9

(1)The Head of the KPPS explains their duties to the KPPS members and TPS security officials with regard to:

a. The conduct of voting and vote counting at the TPS;

b. The assignment of duties to members of the KPPS and TPS security officials

(2)The allocation of duties to the members of the KPPS and the security officials of the TPS as specified in paragraph (1) letter (b), is determined as follows:

  1. If the KPPS consists of 7 (seven) people:
  1. The Head of KPPS, as the first official member, presides over the Polling;
  1. The second and third members of KPPS are assigned to assist the KPPS Head at the main table;
  1. The fourth member of the KPPS is assigned to welcome the voters entering the TPS and mark/number the order of appearance on the notification letter to vote at the TPS. During the discharge of his/her duties, he/she is stationed by the entrance gate to check voters for the special mark;
  1. The fifth member of the KPPS is assigned to manage the voters who are waiting for their turn to cast their votes and also the voters who are going to enter the polling booths. In carrying out these tasks, this member stands near the voters’ seats;
  1. The sixth member of the KPPS is assigned to manage the voters who are about to insert their ballot papers into the ballot boxes. In carrying out this task, he/she stands near the ballot boxes;
  1. The seventh member of the KPPS is assigned to manage the voters coming out of the TPS, and in carrying out this task, he/she stands near the TPS exit gate and must mark the voter with a special mark as evidence that he/she has voted;
  1. If the KPPS consists of 6 people, the sixth member is assigned also to carry out the tasks of the seventh member.
  1. If the KPPS consists of 5 people, the fifth member is assigned also to carry out the tasks of the sixth and the seventh members.
  1. The TPS security officials are assigned to guard the safety and security at the TPS. In carrying out their duties one of them should stand by the TPS entry gate and the other by the exit gate of the TPS.

(3)The number of KPPS members as defined in Article (2), depends on the condition of the local area or the number of voters in the Polling Station.

(4)The number of KPPS members as defined in Article (3) which depends on the number of voters in the local Polling Station’s area, is determined as follows:

  1. If the number of voters in a TPS is less than 300 (three hundred) voters, the number of KPPS membersis up to 7 (seven) persons.
  1. If the number of voters in a TPS is less than 200 (two hundred) voters, the number of KPPS members is up to 6 (six) persons.
  1. If the number of voters in a TPS is less than 150 (one hundred and fifty) voters, the number of KPPS members is up to 5 (five) persons.

SECTION FOUR

Announcement and Notification of Polling

Article 10

(1)The Head of the KPPS must announce to all votersin his/her area of authority the day, date, time and venue of voting at the TPS, to enable voters to vote at the relevant TPS. This must be done at least 5 (five) days before polling day.

(2)The day, date, time and venue of voting at the TPS as specified in paragraph (1) will be announced in the customary manner used in the relevant Desa/Kelurahan.

Article 11

(1)The Head and Members of the KPPS must deliver a written notification to vote at the TPS to voters in their area of authority, no later than 3 (three) days before polling day.

(2)In the written notification to vote at the TPS as specified in paragraph (1) it should be mentionedhow disabled voters will be able to vote with ease.

(3)After receiving the written notification to vote at the TPS as specified in paragraph (1), the voter must sign a receipt of its acceptance.

(4)If the voter is absent, a written notification to vote at the TPS may be delivered to the head of the family or any other member of his/her family, who signs the receipt.

Article 12

Voters who, as at 3 (three) days before polling day, have not received the notificationto vote at the TPS, are given the opportunity to request the letter from the Head of the KPPS, no later than 24 hours before polling day, by presenting their voter card.

Article 13

(1)A voter who, at the end of the period specified in Article 12, has not received a notification to vote at the TPS because his/her name does not appear in the copy of the final voters list for the TPS, may report to the Head of the KPPS or take the matter to the PPS office that covers the area of authority of the TPS concerned, by presenting his/her voter card, no later than24 hours before polling day.

(2)The Head of the KPPS, based on the proof of identity as specified in paragraph (1), adds the voter’s name to the final voters list.

(3)If the name of the voter concerned actually appears in the final voters list, the Head of the KPPS issues a written notification to vote at the TPS.

Article 14

The Head of the KPPS will deliver the written notification to vote to voters, who have no fixed place to stay, to the place where they were assembled for voter registration, or other places as designated by the KPPS.