THE NATIONAL ELECTION COMMISSION
DECREE OF THE NATIONAL ELECTION COMMISSION
NUMBER 33 OF 2002
ON
ELECTORAL CODE OF CONDUCT
Considering:
a. that elections to elect members of the national legislature (the DPR), the regional
representative body (the DPD), the President and Vice President, and regional legislatures
(the DPRD) as contained in the 1945 Constitution shall be conducted by a national,
permanent, and independent National Election Commission;
b. that elections will be held at the latest in 2004, as referred to in MPR Decree Number
IV/MPR/1999 on National Guidelines 1999 – 2004, and shall be conducted at the highest
standards, with the largest participation of the people possible under democratic, direct,
universal, confidential, free and fair, and humane principles;
c. that based on items a and b, in order to conduct elections no later than 2004, it is necessary
that an electoral code of conduct be stipulated by a Decree of the National Election
Commission.
In view of :
1. Law Number 3 of 1999 on General Elections as amended by Law Number 4 of 2000 (State
Gazette of 2000 Number 71, Supplementary State Gazette Number 3959);
2. Presidential Decree Number 70 of 2001 on the Establishment of the National Election
Commission;
3. Decree of the National Election Commission Number 112 of 2001 on the Standing Orders of
the National Election Commission;
Taking into account :
Plenary Sessions of the National Election Commission, the last of which was on 14 March 2002.
has decided to enact:
FIRST:
The electoral code of conduct, hereinafter referred to as Code of Conduct;
SECOND
The Code of Conduct as referred to in point FIRST is attached to this
Decree and is an inseparable part of this Decree;
THIRD
The Code of Conduct as referred to in point SECOND applies to and binds
all KPU members and all electoral administrations at all levels, including
overseas electoral committees;
FOURTH:
The decree is valid on the day of enactment, under the condition that
if it contains any errors, revisions will be made accordingly.
Enacted in Jakarta,
28 March 2002
Deputy Chief
Prof. Dr. Ramlam Surbakti MA
Chief
Prof. Dr. Nazaruddin Sjamsudin
Attachment
Number
Date
: Decree of the National Election Commission
: 33 of 2002
: 28 March 2002
ELECTORAL CODE OF CONDUCT
A. Introduction
To administer its constitutional duties as the electoral commission, the National Election
Commission has developed a national Electoral Code of Conduct. The Commission is fully
aware that its duties and authorities to conduct elections are a respected and honorable
undertaking, as these deal with determining who will govern the Republic of Indonesia in
the legislative and executive branches, both at the central and regional levels. In order that
the public has confidence in their work, in exercising their duties and powers, each electoral
administrator has to act independently, impartially and in a non-partisan manner. To show
independence, non-partisanship, and impartiality, each electoral administrator has to
conduct elections based on regulations and to abide by the Electoral Codes of Conduct.
The Code of Conduct is binding, therefore each commissioner, and all electoral
administrator, both at the central and regional levels, shall sign it. The Code of Conduct is
enforced by the Electoral Council of Ethics, whose working procedure will be regulated
further in a Decree of the National Election Commission.
B. General Provisions
1. The National Election Commission is an independent, permanent, national, non-partisan,
impartial, transparent electoral agency which bases itself on democratic election
principles by involving the largest public participation possible so that the results are
trusted by the people.
2. The National Election Commission is an independent commission established under the
election law, whose objectives are to conduct elections to choose members of the DPR,
DPD, President and Vice President, Provincial DPRD, Regency/Municipal DPRD.
3. The National Election Commission shall hold elections based on the principles of
democratic, direct, universal, confidential, free and fair elections. Furthermore, the
National Election Commission shall convince the public that elections are held in a
transparent and accountable manner.
4. The Codes of Conduct is a codification of behavioral principles not regulated in the
regulations detailing democratic elections, meaning:
a. Electoral administrators have to exercise their powers based on law;
b. Electoral administrators have to act in a non-partisan and impartial manner;
c. Electoral administrators have to act in a transparent and accountable manner;
d. Electoral administrators have to serve voters in exercising their rights;
e. Electoral administrators shall not engage themselves in conflicts of interest;
f.
Electoral administrators have to act in a professional manner;
g. Electoral administrators have to be accurate;
5. The Code of Conduct applies to and binds each commission member and all electoral
administrators at all levels, and sanctions will be imposed on those found to have
violated this code.
6. Electoral administrators include:
a. Members of the National Election Commission;
b. Members of electoral agencies at all levels, including overseas electoral committees;
c. Other electoral personnel, who, because of their duties and positions, are directly
responsible for the conduct of general elections;
C. Elaboration of Basic Principles in the Electoral Code of Conduct
Electoral administrators are obliged to abide by the following:
1. Exercising authority based on law
a. Performing the electoral activities clearly mandated by law;
b. Performing electoral activities in accordance with delegations or in accordance with
juridical authority;
c. Performing electoral activities by observing procedures stipulated in the law;
d. Ensuring that all electoral regulations are applied in a just and impartial manner.
2. Behaving and acting in a non-partisan and impartial manner
a. Behaving in a neutral and impartial manner in relation to political parties, candidates
and voters;
b. Behaving in a neutral and impartial manner to the mass media;
c. Behaving in an independent and non-partisan manner towards political parties,
candidates, political actors and political interest groups;
d. Acting consistently, justly, and having mature judgment;
e. All contesting political parties, candidates, voters, and other groups involved in the
elections should receive fair and honest treatment, taking into account the existing
conditions;
f.
Rejecting all that would have a negative effect on the conduct of their duties, and
avoiding interventions by other groups;
g. Not being involved in personal activities that might generate a sympathetic or
antagonistic attitude towards particular candidates, political parties, political
contestants, or others with particular political affinities;
h. Not presenting partisan ideas or statements on issues which are being discussed or
will be discussed in the election process;
i.
Not influencing, or communicating in a partisan manner with, voters;
j.
Not wearing, carrying nor displaying symbols, signs or attributes which clearly
identify partisan attitudes to political parties, contestants, or voters;
k. Not declaring his/her political choice to other people nor asking other people's
choice;
l.
Not making open public statements that are personal attacks on officials, politicians
or electoral contestants;
m. Explaining completely and thoroughly any allegations against or decisions imposed
on any person or contestant;
n. Ensuring equal opportunity for any accused individual or electoral contestant to
present his/her views on the case lodged against him/her, or decisions imposed on
him/her;
o. Listening to all groups concerned with a case and considering all arguments when
the decisions to be made involve conflicting interests.
p. Acting fairly when making decisions.
3. Acting in a transparent and accountable manner.
a. Explaining that decisions made are based on existing law, standing orders and
stipulated procedures;
b. Opening up public access to information or data related to decisions made in
accordance with the law;
c. Organizing effective and reasonable public access to relevant information and
documents, in accordance with the law;
d. Applying responsibly the legal requirements, and any special rules applied by
sources of funds, relating to income and expenditure.
e. Being willing to explain to the public any irregularities that occur in the work of the
electoral commissions, as well as attempts to remedy these;
f.
Consulting regularly with different groups concerned with the whole electoral process
or specific matters related to elections;
g. Explaining the rationale behind any application of public authority;
h. Giving explanations in response to questions raised about decisions made on the
electoral process;
i.
Responding quickly and positively to criticism and public statements;
j.
Developing a system that enables contestants to immediately access information,
documents and standardized data used in the electoral process;
k. Having an open and straightforward attitude, and being willing to cooperate with
different monitoring agencies established under the law.
4. Serving voters in exercising their rights
a. Providing voter information and voter education that would enlighten the minds and
increase the awareness of voters;
b. Ensuring that voters understand accurately the electoral activities and stages;
c. Opening wider access to voters to participate in the conduct of the electoral process;
d. Making all efforts justified by law to enable eligible citizens to vote;
e. Creating a conducive atmosphere for voters to vote;
f.
Ensuring all possible means to provide special facilities for the disabled, illiterate,
senior citizens, voters living in remote areas, and voters who are not able to vote on
the election day because of official assignment, so that in addition to being
registered, they are also able to exercise their rights.
5. Not getting engaged in conflicts of interest
a. Being obliged to disclose any personal relationship or connection that has the
potential to raise a conflict of interest in carrying out their work as electoral
administrators;
b. Ensuring that no administrator makes any final decision related to his/her own direct
or indirect interest;
c. Not receiving any gift in any form from electoral contestants, candidates,
companies/businessmen or individuals who receive benefits from decisions made by
electoral agencies;
d. Not getting involved in any official or unofficial activity, including personal activity,
which has the potential to raise a conflict of interest.
6. Acting in a professional manner
a. Ensuring quality of service to voters and contestants in accordance with the
professional standards of the electoral agency;
b. Ensuring the quality of services provided to voters and contestants of the election, in
accordance with professional election management standards;
c. Refraining from planning or using budgets that result in excessive public expense;
d. Treating the job as a professional vocation;
e. Having a high level of commitment to performing the job of an electoral
administrator;
f.
Using time efficiently in accordance with the timetable determined by electoral
agencies;
g. Not neglecting the implementation of the work tasks required by the electoral
organizational structure;
7. Accurate electoral administration
a. Ensuring that all information disseminated to the public is based on fact;
b. Ensuring that all information is gathered, developed and published in a systematic,
clear and unambiguous manner;
c. Disseminating information on elections to the public completely, accurately,
responsibly and in detail;
d. Informing the public in the event that information provided is not fully reliable or is still
a preliminary report.
D. Closing Provisions
This Electoral Code of Conduct was stipulated, to be fully obeyed and implemented.
NATIONAL ELECTION COMMISSION
Deputy Chair
Chair
Prof. DR. Ramlan Surbakti MA
Prof.Dr. Nazaruddin Sjamsudin