The Challenge of Election of Regional Heads with the E-Voting System in terms of Legal and Technological Aspects
Darmadi Djufri
Sumpah Pemuda School of Law, Palembang, Indonesia darmadidjufri@gmail.com
* corresponding author
I. Introduction
The state is described as an organization of power when explaining that the state is the primary organization of political power. Generally, the division of power within a nation is divided into three groups, known as Trias Politica [4]. The definition of Trias Politica is a teaching based on the premise that there are three types of governmental authority. The three types of management are legislative, executive, and judicial power [32]. Executive power is the capacity to apply laws (rule application function), whereas Judicial power is the power to adjudicate infractions of the law (rule adjudication function). Independence can only be ensured if the three functions are carried out by three distinct individuals or organizations [28].
A democratic state grants the people sovereignty; generally, this notion is referred to as a government run by the people, for the people, and of the people [3]. Countries around the world frequently employ this fundamental principle in order to construct a good and ideal government system that is based on the law (Rechtstaat) and not on power (machtstaat) [23].
Indonesia is a democratic nation with several general elections (elections) to choose legislative members and three direct presidential and vice presidential elections [22]. With the direct election of regional heads, the governor, lieutenant governor, regents, and deputy regents are also elected directly through elections. Consequently, this election is occurring more frequently [26]. Alongside the implementation of regional head elections, legislative member elections, and presidential elections, it turns out that difficulties in arranging elections frequently arise [6].
Following the main principles of the election, which are direct, accessible, and fair, the current method for conducting general elections in Indonesia entails voters coming directly to the polling station to vote conventionally or using ballot papers that are then punched, granting them the right to vote. secret [2]. As for the mechanism, it appears to be good to implement, but conventional elections frequently produce inaccurate vote count results; it is suspected that multiple voters choose more than
ARTICLE INFO A B S T R A C T
Article history:
Received 17 June 2022 Revised 04 Sept 2022 Accepted 01 Nov 2022
In 2024, regional elections are scheduled to coincide. Transparency and accountability must be referenced in the election of regional leaders so that the results inspire confidence among all parties. E-voting is one of the debates that arise to ensure the effective and efficient implementation of the election. The e-Voting system can be deployed beginning with the collecting of voter information, the registration of prospective voters, the performance of voting, and the calculation of voting results. This system can be linked to the National Population System during the data gathering phase for prospective voters to recruit candidates who match the standards. Consequently, this study attempts to highlight the topic of research on the difficulties of regional head elections utilizing electronic voting technology. This study employs a qualitative, descriptive methodology. The results of the study indicate that the E-voting system in general elections is a system that is utilized more effectively and has complied with the election principle, namely Luber Jurdil, so that in the implementation of E-voting, a unique and explicit regulation can be formulated, both in the form of laws and Perppu. Because the election legislation itself has not been precisely regulated concerning electronic voting until this point, this study also illustrates the benefits and drawbacks of electronic voting..
Copyright © 2017 International Journal of Artificial Intelegence Research.
All rights reserved.
Keywords:
Regional Head Election, E-voting,
General Election
one pair of candidates, and it takes a long time to determine the results of the general election, it uses a lot of human resources (SDM), which is feared to cause casualties due to fatigue during the conventional election process. It is challenging to distribute ballots to remote areas. This resulted in the constitutionally mandated failure to execute the Luber Jurdil election principles [19].
The legal basis for implementing regional head elections is Government Regulation instead of Law (PERPPU) No. 1 of 2014 regarding the election of Governors, Regents, and Mayors, enacted as Law by Law No. 1 of 2015. Law No. 8 of 2015 (Law No. 8 of 2015), Law No. 10 of 2016 [15], and Government Regulation instead of Law No. 2 of 2020 (Government Regulation instead of Law No.
2 of 2020) are only a few of the laws that have amended PERPPU No. 1 of 2014. (PERPPU No. 2 of 2020). Instead of Law No. 2 of 2020, Government Regulation has been enacted into law by means of Law No. 6 of 2020. [24].
Referring to the implementation of the 2019 simultaneous elections and the 2020 simultaneous regional head elections during a pandemic, during which many election organizers fell ill or died, as well as concerns about the spread of the Covid-19 virus in simultaneous regional head elections, the issue of the use of e-voting in the implementation of the head election was raised. Indonesia will hold simultaneous regional head elections in 34 (thirty-four) provinces, 415 (four hundred and fifteen) regencies, and 93 (ninety-three) cities in 2024. [30].
E-voting uses electronic devices to vote and count votes in general elections [31]. E-voting will be an option in future elections related to the decision of the Constitutional Court which stipulates that Article 88 of Law no. 32/2004 concerning Regional Government is constitutional as long as it is interpreted as being able to use e-voting accompanied by a record of cumulative requirements, namely the principle of LUBERJURDIL elections that can be carried out [1]. On the other hand, E-Voting, according to the Council of Europe (CoE), is an electronic voting device that can speed up data tabulation, reduce election costs, and contribute to preventing ineligible voters [29].
E-voting is a relatively new technology to support the implementation of the regional head election democratic party in the future [13]. The consequence of implementing e-voting is the security [11].
However, the process of improving and securing the implementation of e-voting will continue to be carried out, including the adoption of an internet voting or i-voting system, which is also increasingly popular because it is more efficient, practical, and guarantees very high transparency [14]. Therefore, this study aims to provide an overview of the implementation of e-voting in regional head elections, especially regarding legal aspects, transparency, and accountability.
The application of technology for adoption in various fields, including its application to democratic parties through e-voting, triggers several weaknesses, for example, the opportunity for the system to be infiltrated by irresponsible parties, human error, and other threats [25]. On the other hand, implementing e-voting also provides several benefits, such as transparency, efficiency, time and cost saving, and guaranteed accountability [10]. Therefore, this research should later provide benefits for the government, namely providing an overview, insight, discourse, and the urgency of thinking in more depth about the opportunities for adopting e-voting for the implementation of democratic parties in the future and the community, namely providing education about a new system that allows the process of implementing a democratic party. Run more transparently, and accountability is guaranteed.
II. Methods
This study used a descriptive research method and a qualitative research approach. The data that was gathered for this study was not in the form of numerical data but rather data that was derived from interview scripts, field notes, personal documents, notes or memos of researchers, and other supporting official documents [27]. Qualitative research methods are research methods that are based on the philosophy of postpositivism. These methods are used to examine the condition of natural objects (as opposed to experiments) where the researcher is the key instrument, data collection techniques are carried out by triangulation (combined), data analysis is inductive/qualitative, and the results of qualitative research emphasize meaning rather than generalizations. Experiments are not used in qualitative research methods[8]. The descriptive analysis method is used to picture circumstances in the field and identify facts by understanding and precisely characterizing the nature of the diverse group or individual phenomena generated from research findings. Descriptive analysis
is a method that was developed in the 1960s. The researcher made the decision to combine the descriptive research method with the qualitative research strategy. It is envisaged that more comprehensive, in-depth, and significant data and information will be acquired. The end goal of the research is to examine the difficulties associated with holding regional head elections using an electronic voting system.
III. Result and Discussion
A. E-voting General Election System
E-voting, or electronic voting, is a recent innovation in the electoral process that aims to save time, connect voters more quickly, and reduce travel time and costs. The bottom line is that technology was created to make human labor and government more efficient. Electronic voting uses computer networks to tally voters' ballots [9].
The rise of modern technology and the accompanying transition away from traditional industrial processes have made incorporating electronic voting devices into the American electoral process necessary. The electronic lifestyle (lifestyle) has become a part of life, to the point where there is not a single activity that is not done by clicking some electronic device. This makes it possible for the e- voting system to function well in the 5.0 era [18]. Therefore, speed and accuracy should be prioritized while introducing electronic voting. Advantages of electronic voting include the following:
1) Minimizing the Use of Human Resources
By eliminating the need for labor-intensive, one-by-one calculations or the lengthy recapitulation process that used to begin at the district/city/province level and work its way to the center, an electronic voting system can help conserve valuable human resources. The significant amount of human resources put into the process was ineffective in the general election. Thinking back on the 2019 election's execution, it was the poorest showing ever. Many police officers have fallen ill and died, which has led to this situation.
2) Easy in Vote Counting
To conduct an E-vote, votes are cast and counted online, and the resulting data is recorded, stored, and tabulated electronically. Because opening each ballot and making a note of the results requires a lot of time and effort, this technique is faster, more exact, and more accurate.
3) Electronic Document Legality
Information and Electronic Transactions Act (ITE) Law, No. 11 of 2008, provides, under Article 5, that information and documents created or stored in an electronic format, or a printed copy thereof, may be used as evidence in a legal proceeding. This means that electronic documents and printed results from the election using the E-voting mechanism can be accounted for and treated in the same way as traditional ballots.
4) Accessible in the general election
With the option of electronic voting, the white-group fallacy is less likely to be used, especially among more shaky voters (such as illiterate or elderly voters). This agrees with a poll on the implementation of simultaneous elections in 2019 performed by the Indonesian Institute of Sciences (LIPI). Seven hundred and forty percent (74%) of the 1500 respondents said that voting in the simultaneous general elections in 2019 was tough, while only twenty-five percent (25%) said it was not difficult [18].
5) Preventing Cheating
Electronic voting systems must be fully connected with electronic voter identification and registration (e-KTP) systems to prevent widespread electoral fraud, as in the case of the election of village chiefs in Regency Boalemo. This Pilkades requires voters to bring their e-KTP or Certificate. If the residents come with their old ID cards, the ID cards can no longer be taken home to be replaced with e-KTPs. Thus, it can not only prevent the misuse of fictitious invitations or voters but also can be used to accumulate population data.
6) Reduce costs
High expenses were incurred for the 2019 simultaneous elections, which were allocated to establishing Inter-Time Substitutes, Honorarium for Adhoc Election Organizing Bodies, PPK, PPS, and KPPS. Using E-voting by the KPU will reduce expenses from the APBN because the KPU only needs to provide electronic machines and maintenance, which can be used every election.
7) Increase voter turnout
With the evolution of information technology and the rise of electronic voting, voters can keep a closer eye on their government than in the past. This can be seen from a survey in England conducted in 2005 entitled "Is Britain on course for 2005?" reported by KPMG Consulting found that 57% of citizens who use the Internet wish to vote online (e-voting), voting becomes more affordable, and fun [20].
The election process, of course, is through several stages: preparation, nomination, and voting. Of course, the voting process, which is a priority in the conventional system, becomes e-voting. Of course, e-voting, a system created by humans, has advantages and disadvantages. The following are the disadvantages of e-voting, namely:
1) There is no comprehensive regulation that regulates;
As a state of law, a legal basis is needed for legitimacy and to accommodate the process of e-voting activities that aspire to and follow existing laws.
2) Loss of Credibility in General Elections;
Vulnerabilities to computer systems in e-voting, for example, bugs, viruses, or hacker attacks, indicate that election results can be manipulated and can also create a danger that invalid election results will be accepted due to manipulation that shows that there is no fraud convincingly. The Netherlands is one of the countries that have used it.
3) Problems with the Operational, Logistics, and Inland Region processes related to the Constraints in each Region;
The election system with e-voting requires various supporting facilities and infrastructure so that it can be carried out simultaneously and smoothly. The system requires several things, including a vital enough power source to activate the e-voting machine; experts are needed to assist and assist voters in operating it, repairing any damage, and maintaining the machine in each area.
4) Additional Education/Socialization to the Community.
All forms of changes that occur in E-voting are new for Indonesia as a developing country;
therefore, there is a need for socialization and education about what an e-voting system is, how the e-voting system works/mechanisms, and the comparison of conventional systems with e-voting. - voting, until the most important thing is whether the voting system has fulfilled the Luber Jurdil principle.
B. Legal Basis for Application of E-Voting for Regional Head Elections
1) Law No. 19 of 2016 concerning Information and Electronic Transactions (UU ITE).
The implementation of the Pilkada has a legal basis with the promulgation of Law 19 of 2016 concerning Electronic Information and Transactions, specifically Article 5 paragraphs (1) and (2), which state: (1) That the existence of electronic information and/or electronic documents is binding and recognized as legal evidence that provides legal certainty for the operation of electronic systems and electronic transactions, especially in evidence the existence of electronic information and/or electronic documents. (2) For electronic information and/or electronic documents, interception or wiretapping, or recording results that are part of the wiretapping must be conducted by law enforcement at the request of the police, prosecutors, or other institutions whose authorities are determined by law.
2) Constitutional Court Decision No. 147/PUU-VII/2009
The decision of Constitutional Court No. 147/PUUVII/2009 was submitted by the Regent of Jemban, Bali Province, Prof. Dr. drg. I Gede Winasa, and twenty Hamlet Heads, who successfully held the election of the Hamlet Head using the e-voting system, and which in its ruling stated that Article 88 of Law Number 32 of 2004 concerning Regional Government is constitutionally contingent on Article 28C paragraph (1) and paragraph (2). (2) Everyone has the right to collectively advocate for his rights to strengthen his neighborhood, nation, and state.
So in this case, the word "voting" in Article 88 of Law 32 of 2004 concerning regional government is also defined as using the voting method under the following cumulative conditions: 1) Does not violate the principles of direct, general, free, confidential, honest, and fair; 2) The area which is an e- voting method is ready in terms of technology, financing, human resources and software, the readiness
of the community in the area concerned, as well as any other requirements; and 3) Does not violate the principles of direct.
3) Law No. 10 of 2016 concerning the election of Governors, Regents, and Mayors to become Laws.
Law No. 10 of 2016 concerning the second amendment to Law No. 1 of 2015 respecting the formulation of government regulations instead of Law No. 1 of 2004 concerning the election of Governors, Regents, and Mayors to become Laws. Article 85 paragraphs (2) and (3) are supplemented with 2 (two) paragraphs, namely paragraphs (2a) and (2b), so that Article 85.
C. The Challenge of Regional Head Election with E-Voting
The direct election system has advantages over the representative or indirect system. First, direct regional head elections provide powerful legitimacy from the community for the elected regional heads. Second, because they have direct legitimacy from the people, regional heads and their representatives are not bound by the parties in the legislature. The legislature cannot impeach regional heads and their deputies. Third, direct regional head elections provide broad opportunities for the public to assess candidates directly. Those who are genuinely qualified, in the eyes of the people, are the ones who will be elected. Fourth, the system of direct election by the people will reduce distortion.
The people can directly assess and decide which candidates will be elected at the polling station [12].
Reflecting on the execution of the 2019 General Election, precisely the number of election organizers from the KPU, Bawaslu, and even the TNI/Polri, where 894 (eight hundred and ninety- four) officers died, and 5,175 (five thousand one hundred seventy-five) officers were unwell—caused by exhaustion in the execution of lengthy elections, too many voters in 1 TPS6, and the election of Governors, Regents, and Mayors. In 2020, during a pandemic when the spread of the Covid-19 virus has not yet been halted, the installation of nationwide simultaneous voting via e-voting for the Election of Governor and Deputy Governor, Regent and Deputy Regent, and Mayor and Deputy Mayor in 2024 were proposed.
The decision of the Constitutional Court No. 147/PUU-VII/2009 dated March 30, 2010, on Law No. 32 of 2004 concerning Regional Government triggered the prospect of using electronic voting for the Regional Head Election for the first time. Article 85 of Law Number 1 of 2015 concerning the Stipulation of Government Regulations instead of Law Number 1 2014 Concerning the Election of Governors, Regents, and Mayors was amended as a result of the Constitutional Court's Decision No.
147/PUUVII/2009 dated March 30, 2010, on Law No. 32 of 2004 Concerning Regional Government.
Moreover, in the second amendment to the Election Law, namely Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulations instead of Law Number 1 of 2014 Concerning the Election of Governors, Regents, and Mayors to Become Laws, there is a change in the article such that between paragraph (2) and paragraph (3) of Article 85, two paragraphs, paragraph (2a) and paragraph (2b), are inserted (2b). In addition, Article 98 paragraph 3 of Law Number 8 of 2015 concerning Amendments to Law Number 1 of 2015 concerning Stipulation of Government Regulations in place of Law Number 1 of 2014 Concerning the Election of Governors, Regents, and Mayors opens the door for e-voting vote counting. The statute adds, "If voting is conducted electronically, vote counting may be conducted manually or electronically."
Specifically, an e-voting system is defined by BPPT as one that makes use of electronic devices and digital information processing in order to facilitate the generation of ballots, the casting of votes, the calculation of votes, the transmission of vote results, the display of vote acquisitions, the maintenance and generation of audit trails. By this definition, it should be clear that e-voting refers to any method of casting a ballot via a computer or other electronic device. More specifically, BPPT describes the electronic voting system according to the phases at which legal issues with electronic voting arise. Since just one set of candidates or so-called candidates participate in the Election of Governor and Deputy Governor, Regent and Deputy Regent, and Mayor and Deputy Mayor in 2024, Law Number 6 of 2020 does not allow for the introduction of e-voting in those years single.
Based on the preceding, it appears that in 2024, electronic voting can be used to implement elections for governor, regent, and deputy regent, as well as the mayor and deputy mayor:
a) Does not go against the rules of overflow and equity. In a direct election, voters are not mediated by any third parties and are free to cast ballots following their moral convictions. Those who
meet the criteria can vote in general elections. When people are truly free, they are unrestricted in their ability to make their own decisions without external influences. Voter confidentiality is the assurance that no one will be able to learn their vote preference. On top of that, all parties involved (including organizers, voters, participants, the government, and other entities) must always maintain the highest standards of integrity. Fair, on the other hand, implies that neither party can take advantage of voters or otherwise manipulate the process.
b) The regions are prepared to implement the e-voting technique in terms of technology, funding, human resources, and software, as well as the readiness of the local community and other prerequisites. The preparedness of supporting facilities and infrastructure, which will eventually be used to enable the introduction of e-voting, is crucial to its execution.
c) There is no single candidate in the Electoral District for Governor and Deputy Governor, Regent and Deputy Regent, as well as Mayor and Deputy Mayor in 2024, because if there is a single candidate, the voting will be carried out by voting procedure, and this is interpreted as voting on ballots not by using an electronic ballot means.
Stipulation of Government Regulation instead of Law Number 2 of 2020 concerning the Third Amendment to Law Number 1 of 2015 concerning Stipulation of Government Regulation instead of Law Number 1 of 2014 concerning the Election of Governors, Regents, and Mayors to become Laws, there are no norms that regulate how to conduct voting and vote counting using electronic means, even in this regulation, which regulates Chapter XII of election equipment, there is no mention of equipment supporting the implementation of elections employing e-voting, it is only limited to regulating voting supporting equipment by conventional means.
Election regulations also have not regulated any indicators of regional readiness, but this can be further regulated in derivative regulations such as the General Election Commission Regulation (PKPU) with the government's approval [21]. In the derivative regulation, it must be explained that an area is ready to carry out an election employing e-voting; it can also be stated which regions have been able to meet the criteria that can use the e-voting method in carrying out the election.
In addition to difficulties in terms of legal and regulatory aspects, other difficulties are encountered in the process of implementing electronic voting for elections for regional heads. These difficulties include the rapid development of technology and the fact that election administrators, observers, international organizations, vendors, and standardization agencies are constantly updating their methodologies and approaches. One thing that cannot be ignored in this day and age is the application of information and communication technology, including its application in the context of electoral processes. The International Institute for Democracy and Electoral Assistance (IDEA) claims that the definition of e-voting is a system in which the recording, voting, or voting in political elections and their referendums uses information and communication technologies.
Based on what has been described, it can be concluded that the legal consequences of e-voting will trigger many negative impacts. According to the author, this is not the best solution for implementing efficient Regional Head Elections. A more in-depth study is needed because it cannot be adapted to the diverse conditions of Indonesian society. Many people still do not master the latest technology related to this e-voting system. Not to mention the requirements for implementing e-voting, namely not contradicting the principles of elections, electronic media is feared to eliminate the principle of secrecy due to the digital footprint of voters, where the choices of the community will be recorded and eliminate the secret principle in the implementation of elections. Furthermore, the readiness of the Regional Government to facilitate the supporting facilities for the implementation of e-voting needs to be considered, and the community must also be ready, both in terms of knowledge of the use of electronic means later, for the socialization of the organizers in the use of e-voting implementation technology.
IV. Conclusion
The deployment of electronic voting is primarily motivated by the existence of numerous advantages. In addition, the era of the advancement of information technology and the state of internet literacy in all nations makes adopting electronic voting more probable. With its geographical characteristics and status as an archipelagic nation, Indonesia is eager to implement e-voting not just for legislative and presidential elections but also for post-conflict local elections. However, legality
from the perspective of the law must continue to be a top concern. The benefits of introducing e-voting include limiting the use of human resources, simple vote counting, the legality of electronic documents, straightforward installation, fraud prevention, cost savings, and increased voter turnout.
E-voting implementation has several disadvantages, including the absence of separate legislation, the lack of trust in general elections, operational issues, and the unfamiliarity of many individuals. The implementation of e-voting for regional head elections can be carried out if it does not violate the principles of overflow and fairness, if there is regional readiness in terms of technology, funding, human resources, communities, etc., and if there is no single candidate in the regional head election
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