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PARTICIPATION IN ELECTION FORINDONESIAN CITIZENS OVERSEAS

The right to vote for indonesian citizens abroad (“indonesian Voters”) is an important component in the implementation of the upcoming General Election, 17 april 2019 (“Election”). in preparation for Election day, let us look at some questions related to the Election for indonesian Voters abroad.

Q: what are the requirements for indonesian voters to be able to exercise their voting rights?

A: Indonesian Voters may use their voting rights if they have been registered in the Final Voters List Abroad (“Final Voters List”), Additional Voters List Abroad (“Additional Voters List”) or are registered as Special Voters List Abroad (“Special Voters List”).
Special Voters List is a list of Indonesian Voters who hold an Electronic Identity Card, Passport, or Travel documents but are not registered in the Final Voters List or Additional Voters List.1

Q: if indonesian Voters are already registered in final Voters List/ additional Voters List/ special Voters List, what is the mechanism for indonesian Voters in exercising their voting rights?

A: To use their voting rights, Indonesian Voters may use one of this following 3 (three) options:2
• Vote at a Voting Station which can be accessed
at the Indonesian Embassy in the local country;3
• Voting through Mobile Voting Box which will
be prepared by the Election Abroad Organizing Team in a place that can be easily accessed by Indonesian Voters4; and
• Voting by Post (only given to Indonesian Voters who are in areas that are difficult to access through Voting Stations or Mobile Voting Boxes)5. The Election Abroad Organizing Team will send the ballot paper by Post to Indonesian Citizens no later than 30 (thirty) days before the Election day6. These ballots paper can be returned by post or delivered directly to the Election Abroad Committee by the Election day at the latest.7

Q: what is the mechanism of indonesian Voters who are on vacation abroad in using their voting rights?

A: Indonesian Voters may register themselves to the Election Abroad Organizing Team at Voting Station or Mobile Voting Box by showing their Electronic Identity Card, Passport or Travel Letter, after which the Indonesian Citizen is registered on the Special Voters List.8

Q: can Voters also use their voting rights to elect members of the legislature according to their original domicile stated on their identity card?

A: Based on the provisions of Article 96 of the Regulation of General Election Commission of the Republic of Indonesia No. 3 of 2019 concerning Voting and Vote Calculation in General Elections (“KPU Regulation No. 3/2019”), voting abroad is conducted to elect the (i) President and Vice President Candidate; and (ii) Candidates for members of the House of Representatives (“HoR”) for the Electoral District (“Electoral District”) of the Jakarta II Special Capital Region. As such, regardless of the original domicile listed in the Identity Card, Indonesian Voters can only participate in the election of Candidates for HoR Members in the Jakarta II Special Capital Region. KBA/HES

1. Article 98 section (1) of the KPU Regulation no. 3/2019 jo. Article 1 number 45 of the Commission’s Regulation No. 3/2019;
2. Article 96 section (3) of the Commission’s Regulation No. 3/2019;
3. Article 110 KPU Regulation No. 3/2019;
4. Article 141 section (1) jo. Article 141 paragraph (2) of the Commission’s Regulation No. 3/2019;
5. Article 167 paragraph (1) of the KPU Regulation no. 3/2019;
6. Article 168 paragraph (1) of the KPU Regulation no. 3/2019;
7. Article 168 section (2) jo. Article 168 paragraph (3) of the Commission’s Regulation No. 3/2019;
8. Article 101 section (1) of the KPU Regulation no. 3/2019