The General Elections Commission (KPU) has stated that Dharma Pongrekun and Kun Wardana have passed factual verification and are entitled to run in the 2024 Jakarta gubernatorial election through an independent route.
However, their nominations have come under scrutiny because they are suspected of impersonating the Population Identification Number (NIK) recorded on the Identity Cards (KTP) of many Jakarta residents.
Many Jakarta residents claimed not to support them and did not know that their data had been used. They checked their data independently through the Election info page. The site contains community data that is used as support for prospective regional head candidates.
Lecturer in general election law at the University of Indonesia, Titi Anggraini, explained that the requirements to run as an individual candidate in regional head elections are very strict. There has been an increase in requirements starting in 2015, from 3-6.5 percent support from the population to 6.5-10 percent support from those registered in the latest permanent voter list (DPT).
He added that in the regional head elections in November, it is estimated that only 70 individual candidates will be able to pass the administrative verification. The requirements are increasingly difficult because the number of supporters must be factually verified through a census model, not a sample.
This means that every person who provides support must be met directly by KPU officers to ensure whether or not the person concerned supports the individual candidate. If they cannot be met or present, there must be a written statement from the party supporting them.
Titi said the misappropriation of personal data by individual candidates did not only occur this year. There are many factors that cause misappropriation of support, namely personal data is not well protected.
She assessed that the use of personal data in the Jakarta gubernatorial/vice gubernatorial election was quite massive. Therefore, the Jakarta Provincial Election Supervisory Body (Bawaslu) should not just wait until there is a report on the use of personal data. Because, said Titi, this concerns public trust in the regional head election process.
He stressed that the use of personal data is a serious violation in regional head elections. If an unauthorized person is named as a candidate, it is an election crime.
According to Titi, this has been regulated in the Regional Head Election Law Number 8 of 2015 and Number 10 of 2016.
“Providing false information or false documents in individual candidacy is a criminal offense in regional head elections. The punishment is a minimum of 12 months, a maximum of 36 months (in prison) and a minimum fine of Rp 12 million, a maximum of Rp 36 million.
Secretary General of the Indonesian Legal Aid Association (PBHI) Gina Sabrina explained that since yesterday PBHI has opened a complaint post for DKI Jakarta residents whose personal data has been used.
“As of 19:25 (yesterday), we have summarized at least 205 reporters' data through the PBHI channel and our email. We estimate that number will continue to increase,” he said.
Gina explained that PBHI would verify the complaint, including contacting the reporter so that they could immediately give power of attorney to PBHI so that they could report it to the KPU, Bawaslu, and the National Police Criminal Investigation Agency.
PBHI also urged the KPU to request re-verification of the data on the number of supporters in the name of the individual candidate Dharma Pongrekun-Kun Wardana without waiting for the report.
Aulia Postiera, a former KPK employee who was the victim of ID card fraud by an independent candidate, admitted to being shocked that his data was used as a supporter of the independent candidate for governor of DKI Jakarta.
“It is clear that there were two mistakes, without my knowledge my personal data was used as supporting data and how could I, who currently reside in Tangerang, provide support to the candidates for governor and deputy governor of DKI Jakarta,” he said.
Aulia, who admitted to being very disadvantaged, assessed that personal data protection in Indonesia is really weak. In fact, in Article 65 of the Personal Data Protection Law Number 27 of 2022, he said, it is stated that anyone who obtains and collects personal data belonging to other people that benefits themselves or others is committing a criminal act with a threat of up to five years.
Aulia asserted that the theft of personal data for the needs of independent candidates was a major scandal. He questioned how the KPU could pass candidates who used other people's personal data.
DKI Jakarta Bawaslu Commissioner Benny Sabdo said that his institution would form a special team to investigate the alleged misappropriation of personal data.
In addition, Bawaslu added that it has also created a complaint post. The post is located in the Bawaslu office at the provincial, district/city and sub-district levels. (fw/ab)