IFES Practitioner Brief on Alternative Dispute Resolution in Elections
Bawaslu has conducted extensive training on mediation and is committed to its objective of having 30 percent of
members/mediators be women, an increase over the current 17 percent. Bawaslu conducts gender-related trainings
for mediators, although these remain limited. During an interview with IFES, former Bawaslu commissioner and IFES
She Leads alumna Dr. Ratna Dewi Pettalolo noted that, in addition to capacity building, there is a need to invest in
advocacy to encourage women to become members of Bawaslu and serve as mediators. Indeed, disputants sought
Bawaslu’s support regarding candidacy eligibly criteria and resolving this case with the election commission. For
instance, many parties to the nomination process have problems fulfilling the legal requirement of one-third female
candidates in the list. As a result of mediation, the settlement included an extension of the deadline to help parties to
convince women to become candidates.
Another challenge faced by Bawaslu, as noted by interviewees, was the consistency of decisions across Indonesia—
a country with 34 provinces and 514 municipalities/cities and 190 million registered voters. In the 2019 elections,
there were challenges in the implementation of ADR processes to ensure consistency in certain disputes, including
gender quotas for candidacy. Coordination from the national Bawaslu to the district/city level must be carried out
intensively to ensure that every decision or agreement is consistent across regions. Even with precise arrangements
and training, arbitrariness or intimidation may be apparent in mediation settlements.
Former Bawaslu commissioner Fritz Edward Siregar mentioned the challenge of Bawaslu remaining an objective
arbitrator and the need to address disputes both as a mediator and potentially as an adjudicator in the future. Bawaslu
established clear procedures for who presides over a matter and who serves as secretary. The members of Bawaslu
can meet as a panel or in plenary and developed rules to ensure a fair process. These include providing for mediation
by two or three members of Bawaslu at the local level, followed by an appeals process with a full bench.
In the 2019 elections, Bawaslu addressed more than 800 disputes over the electoral process. A former Bawaslu
commissioner noted that “50.9 [percent] of these cases that are filed with Bawaslu are completed and final after the
mediation.” 186 Most cases involved political parties and the Election Commission. Data show the successful use of
mediation in the Indonesian election context. Records of all electoral process dispute processes are maintained in
the Dispute Resolution Information System, which Bawaslu offices throughout Indonesia can access. Through this
digital system, Bawaslu can monitor ongoing electoral dispute resolution processes, improving mediation practices
from one cycle to the next.
El Salvador
El Salvador features an example of voluntary informal mediation, with trained mediators helping to prevent conflicts
by orienting voters, explaining Election Day procedures to them, and promoting dialogue and peaceful resolution of
problems during the voting and counting process.
Since 2009, the Attorney General’s Office (PGR) has worked on the mediation of electoral conflicts, drawing on its
experience of mediation in other fields. The PGR signs a Cooperation Agreement with the EMB (the Supreme
186
F.E. Siregar, personal communication, July 2022.
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