Fraudulent Use of Citizens’ Identity Documents: Bawaslu Must Respond Swiftly and Firmly

The recent reports of Jakarta residents whose ID data, specifically photocopies of their electronic ID cards (KTP-el), have been misused without consent to support independent candidates in the Jakarta local election, reflect an alarming violation that must not be tolerated. If proven, such misconduct calls into question the validity of support claimed by independent candidates and accepted by the Jakarta General Elections Commission (KPU DKI Jakarta).

The expression of support by a voter must be given consciously and voluntarily, by personally submitting both a KTP-el copy and a signed declaration of support. Therefore, if any resident asserts that they never provided their KTP-el or signed any support form, they reserve the right to withdraw such support, which must be officially classified as “Does Not Meet Requirements” (Tidak Memenuhi Syarat / TMS). Further, this raises serious questions about how the independent candidate obtained private identity documents in the first place.

It must be emphasised that all support data submitted by independent candidates must be obtained directly and legitimately from voters. The use of forged or unauthorised documents may constitute a criminal offence under electoral law, and the KPU must exercise extreme caution in assessing and verifying every document submitted. Any manipulation by election administrators is also considered a criminal offence and must be treated accordingly.

This makes the KPU’s role in verifying support documents, both at the administrative stage (vermin) and especially during factual verification (verfak), absolutely crucial. The KPU, in exercising its legal authority, determines whether the support data qualifies as meeting requirements (MS) or not (TMS).

KPU officers must be thorough and honest in verifying each case, particularly during factual checks. If, during the verification process, a resident denies having submitted any document or support, that record must be classified as TMS. Supervisory officers must also be assertive in ensuring that KPU’s verification activities comply with the correct procedures.

It is widely acknowledged that this factual verification stage is the most vulnerable to manipulation. Therefore, electoral supervisors must maintain oversight through to the data entry stage by KPU officers. If this process goes unchecked, the potential for fraud in support classification remains dangerously high.

Given the volume of complaints from Jakarta residents claiming that they never submitted their KTP-el in support of an independent candidate, this issue must be taken extremely seriously. What has happened in Jakarta may very well be happening in other regions where independent candidates are competing. There are two urgent matters that require serious public and institutional attention: First, The alleged unauthorised use of residents’ ID documents as a requirement for independent candidacy. This may involve the illegal collection and use of personal identification, constituting a criminal act. Such allegations must be dealt with firmly, transparently, and fairly. The ongoing lack of personal data protection is causing real harm to citizens.

Second, the validity of the KPU’s factual verification results, particularly in cases where residents insist they never submitted a copy of their KTP-el. In response, four important steps are recommended: First,every Jakarta resident should check their personal status via the Info Pemilu portal to confirm whether their ID data has been used to support a candidate. Second,if their data appears without consent, they should file a police report for suspected identity theft or unauthorised data use. Third,residents should report the incident to the Election Supervisory Body (Bawaslu) as a violation by KPU in its verification process. Fourth,Bawaslu should take a more proactive stance by establishing complaint posts at every level of electoral oversight. Reports and findings must be followed up swiftly given the approaching registration deadline for local election candidates.

Bawaslu must act swiftly and decisively in addressing all reports and findings. It cannot remain passive, waiting for complaints and processing them with bureaucratic indifference. This is the moment for Bawaslu’s attached supervisory mandate to work in full force. Justice in the enforcement of electoral law must be upheld with sincerity and resolve.

Jakarta, August 16th 2024

Kholil Pasaribu
Chairperson, CONSID