News Update
Regarding Airin's Campaign Funds, Election Oversight Body Acknowledges Violation
Ca
mpaign Finance Issue Involving Airin: Panwaslu Acknowledges Alleged Violations
The campaign team of Airin Rachmi Diany and Benyamin Davnie was once again reported to the South Tangerang Election Supervisory Committee (Panwaslu) by its political rival in connection with the South Tangerang regional election (Pilkada). This time, the report concerns the alleged failure to disclose campaign income and expenditures.
"We have reported the pair (Airin-Benyamin) to Panwaslu. It appears that Panwaslu ultimately agreed with our report, even though it was initially rejected. They have now forwarded the matter to the General Elections Commission (KPU)," said Fatah, Secretary of the Campaign Team for Arsid–Elvier Ariadiannie Soedarto Poetri, on Sunday (10 January).
The report relates to an open campaign event held on 29 November 2015, during which the incumbent candidates organized a public rally featuring comedian Narji and the band Radja at Sunburst Field, BSD Serpong, South Tangerang. According to Fatah, the event was conducted on a large scale and required substantial funding. However, the campaign expenses were allegedly not disclosed in the Campaign Contribution and Expenditure Report (LPPDK).
Meanwhile, Dr. H. Endang Hadrian, S.H., M.H., legal counsel for Arsid and Elvier, stated that such conduct constituted a violation of Article 19 in conjunction with Article 33 of KPU Regulation (PKPU) No. 8 of 2015. He argued that the Airin-Benyamin campaign failed to submit a campaign finance report that complied with the principles of legality, accountability, and transparency, thereby violating Article 15 of PKPU No. 8 of 2015, which carries sanctions as stipulated under Article 187 paragraph (7) of Law No. 8 of 2015.
"Any person who intentionally provides false information in a campaign finance report, as required by this Law, shall be subject to imprisonment for a minimum of two months and a maximum of twelve months, and/or a fine ranging from IDR 1,000,000 to IDR 10,000,000," Endang explained.
He further stated that even if Narji and the band Radja had performed without payment as an in-kind contribution to the campaign, the campaign should nevertheless have disclosed the identities of the contributors, as required under Article 8 paragraph (2) letters (a) and (b) of PKPU No. 8 of 2015. However, according to Endang, the Airin-Benyamin LPPDK did not include the required contributor forms for either performer. Consequently, the services provided by the two artists could be regarded as in-kind contributions from unidentified sources.
Accordingly, Endang argued that candidate pair number 3 could be deemed to have violated Article 49 paragraph (1) letter (b) of PKPU No. 8 of 2015, which provides that:
"Independent candidate pairs that violate the provisions referred to in Article 49 shall be subject to sanctions in the form of cancellation of their candidacy."
Endang also stated that other findings included bank deposits of unclear origin that allegedly exceeded the individual contribution limits prescribed under PKPU No. 8 of 2015. According to him, the campaign bank statement recorded deposits under the name Listia Widuri in the amounts of IDR 100 million and IDR 150 million.
Source: Merdeka.com
Panwaslu Acknowledges Alleged Campaign Finance Violations
South Tangerang — The South Tangerang Election Supervisory Committee (Panwaslu) acknowledged that there were indications of campaign finance reporting violations following a complaint submitted by candidate pair number 2, Arsid–Elvier Ariadiannie Soedarto Poetri, regarding the alleged failure of candidate pair number 3, Airin Rachmi Diany–Benyamin Davnie, to properly report campaign income and expenditures.
"There are indications of violations in the campaign contribution and expenditure report submitted by candidate pair number 3 (Airin-Benyamin), as reported by candidate pair number 2 (Arsid-Elvier)," said Muhammad Taufik, Chairman of Panwaslu South Tangerang, on Sunday (10 January 2016).
According to Taufik, Panwaslu subsequently referred the matter to the South Tangerang General Elections Commission (KPU), which has the legal authority to conduct clarification and further examination of the parties concerned.
"Since the matter falls within the KPU's jurisdiction, Panwaslu has no authority to take further action," he emphasized.
When asked whether the appropriate sanction could include disqualification, Taufik declined to speculate.
"Although the regulations provide for disqualification as a possible sanction, that determination falls entirely within the authority of the KPU," he stated.
Meanwhile, Dr. H. Endang Hadrian, S.H., M.H., legal counsel for Arsid–Elvier, asserted that KPU Regulation No. 8 of 2015 in conjunction with Article 56 paragraph (2) clearly provides that candidate pairs who violate the provisions of Article 49 may be sanctioned with cancellation of their candidacy (disqualification).
"The regulation is clear. The South Tangerang KPU must enforce the law firmly and in accordance with the applicable regulations," Endang stated.
