One of the fundamental requirements of democracy is the existence of a free and fair electoral system. Free and fair elections can only be achieved when there is a legal framework that regulates the electoral process while protecting election administrators, candidates, voters, observers, and citizens from intimidation, violence, bribery, fraud, and other forms of electoral malpractice that may affect election outcomes.
For this reason, free and fair elections require not only comprehensive electoral legislation but also institutions capable of enforcing those laws effectively. Reflecting Indonesia’s evolving political landscape, electoral laws have undergone significant changes—from the 1955 General Election, through the New Order elections, the 1999 and 2004 elections, and the regional elections introduced after 2005. As electoral processes became increasingly complex, regulations likewise expanded to govern a wider range of electoral activities and to provide greater protection against electoral violations.
Despite these developments, concerns about weak election law enforcement have consistently emerged during every election cycle. Numerous administrative violations and electoral crimes have gone unresolved, while legal mechanisms for challenging decisions made by election management bodies have often remained inadequate. Although the Constitutional Court is authorized to adjudicate disputes over election results, questions remain regarding remedies for other decisions made by election administrators outside the scope of election results.
The persistence of electoral violations, criminal offenses, and unresolved disputes not only fuels public dissatisfaction and potential conflict but also undermines confidence in election outcomes. Addressing these challenges requires electoral laws that are clearer, more comprehensive, and more enforceable.
Equally important is the strengthening of institutions responsible for enforcing electoral law. Questions arise regarding whether the General Elections Commission (KPU) and its regional offices have effectively carried out their authority to impose sanctions for administrative violations; whether existing institutional structures are sufficient to address electoral misconduct; and how effectively the police, prosecutors, and courts handle electoral crimes. The study also examines the role of election supervisory bodies and explores alternative institutional arrangements that could improve both effectiveness and efficiency.
To address these issues, Perludem conducted a policy study entitled Election Law Enforcement System 2009–2014. The study reviews international democratic standards on election law enforcement, examines comparative experiences from other countries, and analyzes Indonesia’s own experiences from the 1955 Election through subsequent electoral cycles. It identifies key challenges in election law enforcement and proposes an ideal framework that aligns democratic principles with Indonesia’s political and institutional realities.
The study was enriched through a series of focus group discussions involving election practitioners, academics, legal experts, civil society organizations, and representatives from international organizations. Their insights, suggestions, and critiques contributed significantly to the development of the research and its recommendations.
Although the study was completed in September 2006 and submitted while discussions on electoral reform legislation were already underway, several of its recommendations influenced deliberations and were ultimately incorporated into Law No. 22 of 2007 on Election Administration. Encouraged by many stakeholders, Perludem subsequently published the study in book form so that its findings could reach a broader audience and contribute to ongoing discussions on electoral reform.
It is our hope that this publication will serve as a valuable resource for lawmakers, election administrators, researchers, civil society organizations, and all those committed to strengthening Indonesia’s democratic institutions. Ultimately, the goal is to help build an electoral system that is truly free, fair, and accountable—an aspiration shared by all Indonesians.
Perludem Research Team
