REGULATION OF THE SUPREME COURT NUMBER 1 OF 2018 CONCERNING SETTLEMENT PROCEDURES OF CRIMINAL OFFENSE FOR REGIONAL AND GENERAL ELECT

Supreme Court Regulation Number 1 of 2018 concerning Procedures for Settling Election and Election Criminal Actions (“PERMA 1/2018”) is a product of regulations from the Supreme Court to anticipate the completion of Election and General Elections in the General Court to be held in 2019.
This is mandated by Law No. 1 of 2015 jo. UU no. 10 of 2016 concerning the Establishment of Perpu No.1 of 2014 concerning the Election of Governors, Regents and Mayors into Laws and their amendments (“Election Law”) and Law No. 7 of 2017 concerning General Elections (“Election Law”).

Criminal Actions are stipulated in Article 177-198 of the Election Law. In addition, Election Crimes are criminal acts of violation and / or crime provided for in Article 488-554 of the Election Law.
Election and election crimes commence when there is a report of an alleged criminal act connected with elections which are conducted by Bawaslu, Provincial Bawaslu, Regency / City Bawaslu, District / City Panwas and District Panwaslu. The complaint must be made to the Indonesian National Police within 1 x 24 hours.
The District Court and the High Court in examining, adjudicating and deciding criminal offenses in elections and criminal offenses within a period of 7 (seven) days from the receipt of the District Court or High Court. An appeal of the District Court decision must be made within 3 days from the verdict read / received by the absent party.
The decision of the High Court is a final and binding decision and cannot be challenged1.

Because of the need for a speedy adjudication, it is necessary for this Special Judges Council, to be readily available and they are not permitted to try other cases except cases of criminal elections and / or elections. These Judges are appointed by the Chief Justice of the Supreme Court from career judges at the level of the District Court and High Court2. FDH/HES

1. Article 3 paragraph 8; 2. Article 4 Perma 1/2018