INDONESIAN LEGISLATIVE ELECTIONS FREE AND FAIR

UNCLAS SECTION 01 OF 02 JAKARTA 000664

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP; NSC FOR E.PHU

E.O. 12958: N/A
TAGS: PGOV KDEM ID
SUBJECT: INDONESIAN LEGISLATIVE ELECTIONS FREE AND FAIR
DESPITE LOGISTICAL FLAWS

REF: JAKARTA 00658 AND PREVIOUS


1. (U) This message was coordinated with Consuls General
Surabaya and Medan. It is Sensitive but Unclassified.
Please handle accordingly.


2. (SBU) SUMMARY: Observers are calling Indonesia's third
democratic legislative elections free and fair despite
limited logistical difficulties, several days after the April
9 balloting. People are getting information quickly about
the results via quick counts and have accepted the projected
win of President Yudhoyono's Partai Demokrat (PD). However,
due to ballot mishaps, the Elections Commission (KPU) will
likely hold "re-votes" in some districts. Although faulty
voter lists apparently disenfranchised thousands of voters,
this is not expected to significantly influence the election
outcome. Several NGOs are calling for removal of KPU members
to ensure a smoother preparation for the July 8 presidential
election. END SUMMARY.

FREE AND FAIR


3. (SBU) Most observers agreed that the April 9 national
legislative elections seemed to be largely free and fair.
Mission, international and NGO observers found that, with few
exceptions, polling station officials allowed them to observe
the voting and counting process. In an April 13 press
statement, the Carter Center congratulated Indonesia on its
"generally peaceful elections" and noted that the KPU is
collecting and scanning poll station results which hopefully
will be made public. Legal channels for election-related
complaints are also in place and being used. (Note: The
Prosperous Justice Party (PKS) is challenging the local Aceh
Party's win, alleging they "cheated" -- but admitted that
Aceh Party would have won even without cheating.)


4. (SBU) The vast majority of elections irregularities are
logistical rather than malfeasance. Many problems stem from
a newly-appointed KPU with little experience, problems at the
local level such as local governments cutting costs, and lack
of advance practice in voting simulations and testing of
equipment.


5. (SBU) The people seem confident in the veracity of the
quick count results. Official KPU results so far have been
similar, putting PD ahead at over 20% with only a small
portion of the votes counted, followed by Golkar and
Indonesian Party of Struggle (PDI-P),tied for second place.
Islamic parties came next, led by PKS. As of Sunday night,
only 3 million of the 171 million had been tabulated;
official results will continue to trickle in throughout the
month.

LOGISTICAL PROBLEMS


6. (SBU) The administration of this election was a vast
undertaking--this was Indonesia's largest centrally
administered single day election. In the run-up to the
election, the Government of Indonesia (GOI) issued new
regulations changing the KPU's roles and powers, tying its
funding and data source to the Ministry of Home Affairs.
These and other new regulations complicated the
administration process. The voters list was a major source
of contention, with many remaining off the list despite
attempts to register. Thousands of voters did not get their
invitation letters to vote and were thus disenfranchised.
There were also reports that underage or deceased voter names
remained on the list, opening up the possibilities for
further allegations of fraud (see reftels).

RE-RUNS OF THE ELECTIONS


7. (SBU) The Elections Supervisory Board (Bawaslu) announced
that they will hold 245 "re-runs" in ten provinces. Some
were called due to simple errors--ballots were distributed to
the wrong areas, so voters could only choose parties, not
candidates. Others were due to violations, as in one village
polling station in East Java where pre-marked ballots were
discovered. The KPU and GOI have been responsive to requests
for re-runs in these cases.

LEGAL CHALLENGES


8. (SBU) Some voters, the media and civil society have
complained about the logistical complications. NGOs such as
the Center for Electoral Forum (CETRO) are urging disgruntled
voters to exercise their democratic rights to complain. The

JAKARTA 00000664 002 OF 002


hitch is that those wishing to file legal elections-related
complaints must do so within 14 days of the elections, and
courts must rule on them within 21 days.


9. (SBU) NGOs demanded a better resolution of logistical
issues so that the presidential election will go more
smoothly. CETRO attributed the lower voter turnout in 2009
to poor electoral management (Note: Experts agree turnout is
lower than in 2004 but there is no official figure yet.).
Other NGOs, such as the Indonesian Civil Society Circle and
Research Institute of Democracy and the Welfare State, called
on President Yudhoyono to dismiss the KPU members. Although
there is some cause for concern, the fact that the GOI is
taking these complaints seriously and that legal channels
exist is a good sign for Indonesian democracy. No one is
taking to the streets to protest and the Indonesian
electorate appears to have accepted the elections as free and
fair.
HUME