IFES Practitioner Brief on Alternative Dispute Resolution in Elections
enforcement of election administrative law; and dispute resolution for the election process. 181 The law also specifically
empowered Bawaslu 182 to use ADR mechanisms in its proceedings for disputes related to candidate nominations.183
Initially, the law specified no timeline and no regulations for each stage of the ADR process, which created confusion
regarding the deadline for introducing and concluding mediation processes. These absences and the resulting
confusion had the potential to negatively impact the election process. The 2014 election cycle evidenced that the
timeline for mediation of disputes was lengthy and that, by the time the parties settled their nomination or registration
disputes, ballot papers had already been printed, rendering their agreement void. Bawaslu then advocated for reform
and, in 2017, the legislature introduced new provisions detailing what is considered a criminal offense, administrative
violation, and electoral process dispute. The legislature also stated that Bawaslu could initiate mediation in case of
disputes relating to candidates’ registration in the elections and set a three-day timeframe from the time of receipt for
attempting to resolve an election dispute through ADR. The entire process, from registration to the decision, must be
completed within 12 working days. 184 These amendments to the law were welcomed by Bawaslu, giving it the
discretion to design its mediation process.
The law and regulations also provided for the settlement of disputes between campaign teams at the district level
during the campaign period. For instance, Bawaslu mediated disputes related to the number of members who need
to sign endorsements to be eligible to run a candidate, or disputes related to the implementation of gender rules in
party lists. Bawaslu further elaborated the conduct of mediation in its Bawaslu Regulations. For instance, the
regulations provide that, once the parties to a dispute reach a conclusion, Bawaslu will provide a written statement
about the settlement. If a settlement is not reached after the two-day deliberation process, the parties will continue
the adjudication process in which an assembly led by Bawaslu members act as an arbitrator and reach a binding
decision. 185 But despite this clear procedure, the institution faced legal challenges in practice. Bawaslu had to
determine the value of a formal settlement or award reached during the mediation and whether mediators could
approve a decision during the ADR process that is against the law, notably regarding the gender quota.
In terms of the capacity of mediators, Bawaslu is well equipped to carry out its mediation function. Only 13 percent of
its members hold law degrees, but training strengthened officers’ capacity to conduct mediation. A total of 2,300
Bawaslu officials were trained to build their skills as mediators. Former Bawaslu commissioner Fritz Edward Siregar
noted the important financial investment from the institution to conduct these trainings at all levels.
181
Of the five authorities, only the authority to resolve disputes over the electoral process has two stages of the process, namely
deliberation (alternative dispute resolution) and adjudication (electoral dispute resolution).
182
Indonesia has three institutions related to election management: the general election commission, the election supervisory body
(Bawaslu), and the ethical honorary council.
183
According to Law No. 8 /2012, three stages are required in resolving election disputes: 1) BAWASLU invites the parties to consult to
reach a mutual agreement in deliberation; 2) if no agreement is reached, BAWASLU will ask the parties to appoint a mediator to establish
a way for the parties to agree; 3) if there is still no agreement, then BAWASLU will act as an arbitrator whose decision must be
implemented.
184
Electoral Law, 2017, art. 466 (Law No. 7/2017) (Indon.).
185
Bawaslu’s decision regarding dispute resolution in the election process is final and binding, except for electoral process disputes
related to verification of political parties participating in the election, determination of the list of permanent candidates for legislative
members, and determination of presidential and vice-presidential candidates (Article 469 paragraph (1) of the Electoral Law).
Furthermore, the district administrative court will accept an appeal against the BAWASLU decision (Article 470, Section (1) of the
Electoral Law, 2017).
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