Indonesia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
"Section 40 (3) Political parties shall be prohibited to: a. receive or give foreign donation by any form which is contrary to the laws and regulations;" Source: Section 40 (3) a, Political Parties Law, 2008 (Unofficial translation by the researcher) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"Section 339 The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: a. foreign source;" Source: Section 339 (1) a, General Election Law, 2017 (Unofficial translation by the researcher) |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
There is a limit of funding. Source
"Section 40 (3) Political parties shall be prohibited to: c. receive donations from individuals and/or companies/commercial enterprises exceeds the limits stipulated in the laws and regulations; d. request or receive funds from state-owned enterprises, business entities owned by the region, and village-owned enterprises or by other titles; or" Source: Section 40 (3) c d, Political Parties Law, 2008 (Unofficial translation by the researcher) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Source
"Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: d. government, local government, state-owned enterprises, and region-owned enterprises; or e. village authorities and village-owned enterprises." Source: Section 339 (1) d e, General Election Law, 2017 (Unofficial translation by the researcher) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Source
"Section 40 (3) Political parties shall be prohibited to: a. receive or give foreign donation by any form which is contrary to the laws and regulations; b. accept donations in the form of money, goods, or services from whichever side even without mentioning a clear identity; c. receive donations from individuals and/or companies/commercial enterprises exceeds the limits stipulated in the laws and regulations; d. request or receive funds from state-owned enterprises, business entities owned by the region, and village-owned enterprises or by other titles; or e. use fractions in the People's Representative Council, Regional Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council as a source of political party funding. Source: Section 40 (3), Political Parties Law, 2008 (Unofficial translation by the researcher) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Source
"Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: a. foreign source; b. donor whose identity is not clearly identified; c. the criminal whose action proven by court ruling that has obtained the legal enforcement and/or proven to have the intention to conceal or disguise the criminal offense; d. government, local government, state-owned enterprises, and region-owned enterprises; or e. village authorities and village-owned enterprises." Source: Section 339 (1), General Election Law, 2017 (Unofficial translation by the researcher) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"Section 40 (3) Political parties shall be prohibited to: b. accept donations in the form of money, goods, or services from whichever side even without mentioning a clear identity;" Source: Section 40 (3) b, Political Parties Law, 2008 (Unofficial translation by the researcher) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
"Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: b. donor whose identity is not clearly identified;" Source: Section 339 (1) b, General Election Law, 2017 (Unofficial translation by the researcher) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
"Section 40 (3) Political parties shall be prohibited to: c. receive donations from individuals and/or companies/commercial enterprises exceeds the limits stipulated in the laws and regulations; d. request or receive funds from state-owned enterprises, business entities owned by the region, and village-owned enterprises or by other titles; or" Source: Section 40 (3) c d, Political Parties Law, 2008 (Unofficial translation by the researcher) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Source
"Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: d. government, local government, state-owned enterprises, and region-owned enterprises; or" Source: Section 339 (1) d, General Election Law, 2017 (Unofficial translation by the researcher) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Source
"Section 40 (3) Political parties shall be prohibited to: c. receive donations from individuals and/or companies/commercial enterprises exceeds the limits stipulated in the laws and regulations; d. request or receive funds from state-owned enterprises, business entities owned by the region, and village-owned enterprises or by other titles; or" Source: Section 40 (3) c d, Political Parties Law, 2008 (Unofficial translation by the researcher) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Source
"Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: d. government, local government, state-owned enterprises, and region-owned enterprises; or" Source: Section 339 (1) d, General Election Law, 2017 (Unofficial translation by the researcher) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Ban of using state, religious, and educational facilities, Ban state officers and related apparatus from being in favour or against any candidates Source
"Section 280 Campaign operators, participants, and teams shall be prohibited to: h. use state facilities, religious facilities, and educational facilities; Section 281 (1) An election campaign that involves president, vice president, ministers, governor, vice governor, regent, vice regent, mayor, and vice mayor shall fulfill the following provisions: a. not making use of facilities attached to his/her position, except security facilities for government officers as referred to in the regulation of laws; and b. taking unpaid leave. Section 282 State officials, structural officials, and functional officials within any state position as well as other state apparatus are prohibited from making decisions and/or taking any profit or action that harms the contesting candidate during the campaign. Section 283 (1) State officials, structural officials, and functional officials within any state position as well as other state apparatus are prohibited from conducting activities that lead to any alignments against the contesting candidate prior to, during, and after the campaign." Source: Sections 280 h, 281 (1), 282, 283 (1), General Election Law, 2017 (Unofficial translation by the researcher) |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Source
"Section 35 (1) Donations as mentioned in Section 34 (1) b that a political party receives are from: b. non-member Individual, to the amount that shall not exceed 1,000,000,000 IDR (one billion rupiahs) per person within the period of one fiscal year; and c. companies and/or commercial enterprises, to the amount that shall not exceed 7,500,000,000 IDR (seven billion and five hundred million rupiahs) per company/commercial enterprise within the period of one fiscal year." Source: Section 35 (1) b c, Political Parties Law, 2011 |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
Per person = not exceed 1,000,000,000 IDR (one billion rupiahs) within the period of one fiscal year Per companies/commercial enterprises = not exceed 7,500,000,000 IDR (seven billion and five hundred million rupiahs) within a period of one fiscal year
Source
"Section 35 (1) Donations as mentioned in Section 34 (1) b that a political party receives are from: b. non-member Individual, to the amount that shall not exceed 1,000,000,000 IDR (one billion rupiahs) per person within the period of one fiscal year; and c. companies and/or commercial enterprises, to the amount that shall not exceed 7,500,000,000 IDR (seven billion and five hundred million rupiahs) per company/commercial enterprise within a period of one fiscal year." Source: Section 35 (1) b c, Political Parties Law, 2011 |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
Source
Source: General Election Law, 2017 |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
The amount is different depending upon the type of candidates. Source
"Section 327 (1) The campaign funding that comes from an individual as mentioned in Section 326 shall not exceed 2,500,000,000 IDR (two billion five hundred million rupiahs). (2) The campaign funding that comes from a group, a company, or a non-governmental enterprise as mentioned in Section 326 shall not exceed 25,000,000,000 IDR (twenty billion five hundred million rupiahs). Section 331 (1) The campaign funding for the election of the members of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council that comes from party donations of other individuals as mentioned in Section 330 shall not exceed 2,500,000,000 IDR (two billion five hundred million rupiahs). (2) The campaign funding for the election of the members of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council that comes from party donations of other groups, companies, and/or a non-governmental enterprises as mentioned in Section 330 shall not exceed 25,000,000,000 IDR (twenty billion five hundred million rupiahs). Section 333 (1) The campaign funding for the candidate of the election of members of the Regional Representative Council that comes from party donations of other individuals as mentioned in Section 332 (2) b shall not exceed 2,500,000,000 IDR (two billion five hundred million rupiahs). (2) The campaign funding for the candidate of the election of members of the Regional Representative Council that comes from party donations of other groups, companies, and/or a non-governmental enterprises as mentioned in Section 332 (2) b shall not exceed 1,500,000,000 IDR (one billion five hundred million rupiahs)." Source: Sections 327, 331, 333, General Election Law, 2017 (Unofficial translation by the researcher) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
President = 2,500,000,000 IDR (individual), 25,000,000,000 IDR (group, company, non-government) People's Representative Council = 2,500,000,000 IDR (individual), 25,000,000,000 (group, company, non-government) Regional Representative Council = 750,000,000 IDR (individual), 1,500,000,000 IDR (group, company, non-government)
Source
"Section 327 (1) The campaign funding that comes from an individual as mentioned in Section 326 shall not exceed 2,500,000,000 IDR (two billion five hundred million rupiahs). (2) The campaign funding that comes from a group, a company, or a non-governmental enterprise as mentioned in Section 326 shall not exceed 25,000,000,000 IDR (twenty billion five hundred million rupiahs). Section 331 (1) The campaign funding for the election of the members of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council that comes from party donations of other individuals as mentioned in Section 330 shall not exceed 2,500,000,000 IDR (two billion five hundred million rupiahs). (2) The campaign funding for the election of the members of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council that comes from party donations of other groups, companies, and/or a non-governmental enterprises as mentioned in Section 330 shall not exceed 25,000,000,000 IDR (twenty billion five hundred million rupiahs). Section 333 (1) The campaign funding for the candidate of the election of members of the Regional Representative Council that comes from party donations of other individuals as mentioned in Section 332 (2) b shall not exceed 1,500,000,000 IDR (one billion five hundred million rupiahs). (2) The campaign funding for the candidate of the election of members of the Regional Representative Council that comes from party donations of other groups, companies, and/or a non-governmental enterprises as mentioned in Section 332 (2) b shall not exceed 1,500,000,000 IDR (one billion five hundred million rupiahs)." Source: Section 327, 331, 333, General Election Law, 2017 (unofficial translation by the researcher) |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Source
Source: General Election Law, 2017 |
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
Source
Source: General Election Law, 2017 |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
"Section 40 (4) Political parties shall be prohibited to establish a business entity and/or own shares of a business entity." Source: Section 40 (4), Political Parties Law, 2008 (Unofficial translation by the researcher) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Source
Source: General Election Law, 2017 |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Source
Source: General Election Law, 2017 |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Source
Source: Presidential Decree on the Procurement of Government Commodities and Services, 2015 |
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Comment
Only comply with the election campaign funding Source
"Section 328 (1) Presidential and vice presidential election campaign funding in the form of money as mentioned in Section 325 paragraph (4) shall be recorded in a special bookkeeping and placed in a special bank account for the campaign funding of a contesting candidate. Section 332 (4) Election campaign funding in the form of money as mentioned in paragraph (3) shall be placed in a special bank account for the campaign funding of a contesting candidate of the Regional Representative Council." Source: Sections 328 (1), 332, General Election Law, 2017 (Unofficial translation by the researcher) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
"Section 5 (1) The amount of financial assistance to political parties that get seats in the People’s Representative Council as mentioned in Section 2 (3) is valued 1,000 IDR (one thousand rupiahs) per valid vote. (2) The amount of financial assistance as mentioned in paragraph (1) may be increased in accordance with the financial capability of the government. (3) The amount of financial assistance to political parties that get seats in the Regional Representative Council as mentioned in Section 2 (3) is valued 1,200 IDR (one thousand two hundred rupiahs) per valid vote. (4) For the provincial government that the budget allocation to political parties already exceeded 1,200 IDR (one thousand two hundred rupiahs) per valid vote, the budget allocation to the political party for the following year shall be equal to the amount of financial assistance to the political party proceeded in a fiscal year. (5) The amount of financial assistance to political parties that get seats in the District/City’s Representative Council as mentioned in Section 2 (3) is valued 1,500 IDR (one thousand five hundred rupiahs) per valid vote. (6) For the district/city government that the budget allocation of financial assistance to political parties already exceeded 1,500 IDR (one thousand five hundred rupiahs) per valid votes, the budget allocation to the political party for the following year shall be equal to the amount of financial assistance to the political party proceeded in a fiscal year. 7) The amount of financial assistance as mentioned in paragraph (3), paragraph (4), paragraph (5), and paragraph (6) may be increased in accordance with financial capability of the government by the approval of Minister of Home Affairs." Source: Section 5, Government Decree on Political Finance to Political Parties, 2018 (Unofficial translation by the researcher) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Representation in elected body
Source
"Section 5 (1) The amount of financial assistance to political parties that get seats in the People’s Representative Council as mentioned in Section 2 (3) is valued 1,000 IDR (one thousand rupiahs) per valid vote. (2) The amount of financial assistance as mentioned in paragraph (1) may be increased in accordance with the financial capability of the government. (3) The amount of financial assistance to political parties that get seats in the Regional Representative Council as mentioned in Section 2 (3) is valued 1,200 IDR (one thousand two hundred rupiahs) per valid vote. (4) For the provincial government that the budget allocation to political parties already exceeded 1,200 IDR (one thousand two hundred rupiahs) per valid vote, the budget allocation to the political party for the following year shall be equal to the amount of financial assistance to the political party proceeded in a fiscal year. (5) The amount of financial assistance to political parties that get seats in the District/City Representative Council as mentioned in Section 2 (3) is valued 1,500 IDR (one thousand five hundred rupiahs) per valid vote. (6) For the district/city government that the budget allocation of financial assistance to political parties already exceeded 1,500 IDR (one thousand five hundred rupiahs) per valid votes, the budget allocation to the political party for the following year shall be equal to the amount of financial assistance to the political party proceeded in a fiscal year. 7) The amount of financial assistance as mentioned in paragraph (3), paragraph (4), paragraph (5), and paragraph (6) may be increased in accordance with financial capability of the government by the approval of Minister of Home Affairs." Source: Section 5, Government Decree on Political Finance to Political Parties, 2018 (Unofficial translation by the researcher) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Flat rate by votes received
Other
Source
"Section 5 (1) The amount of financial assistance to Political Parties that get seats in the People’s Representative Council as mentioned in Section 2 (3) is valued 1,000 IDR (one thousand rupiahs) per valid vote. (2) The amount of financial assistance as mentioned in paragraph (1) may be increased in accordance with the financial capability of the government. (3) The amount of financial assistance to Political Parties that get seats in the Regional Representative Council as mentioned in Section 2 (3) is valued 1,200 IDR (one thousand two hundred rupiahs) per valid vote. (4) For the provincial government that the budget allocation to Political Parties already exceeded 1,200 IDR (one thousand two hundred rupiahs) per valid vote, the budget allocation to the Political Party for the following year shall be equal to the amount of financial assistance to the Political Party proceeded in a fiscal year. (5) The amount of financial assistance to Political Parties that get seats in the District/City’s Representative Council as mentioned in Section 2 (3) is valued 1,500 IDR (one thousand five hundred rupiahs) per valid vote. (6) For the district/city government that the budget allocation of financial assistance to Political Parties already exceeded 1,500 IDR (one thousand five hundred rupiahs) per valid votes, the budget allocation to the Political Party for the following year shall be equal to the amount of financial assistance to the Political Party proceeded in a fiscal year. 7) The amount of financial assistance as mentioned in paragraph (3), paragraph (4), paragraph (5), and paragraph (6) may be increased in accordance with financial capability of the government by the approval of Minister of Home Affairs." Source: Section 5, Government Decree on Political Finance to Political Parties, 2018 (Unofficial translation by the researcher) |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Ongoing party activities
Source
"Section 9 (1) Financial assistance to political parties shall be used as supporting fund for political educational activities and operation of the secretariat of political parties. (2) Financial assistance as mentioned in paragraph (1) shall be derived from revenue and government expenditure or regional venue and expenditure. (3) Financial assistance to political parties is used to carry out political education for members of political parties and the public at least 60% (sixty per cent)." Source: Section 9, Government Decree on Political Finance to Political Parties, 2012 (Unofficial translation by the researcher) |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
Source
Source: Political Parties Law, 2008, 2011 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
Source
Source: Political Parties Law, 2008, 2011 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
Television of the Republic of Indonesia and the Radio of the Republic of Indonesia, local public broadcasting institutions, private broadcasting institutions and subscription-based broadcasting institutions Source
"Section 277 (2) The debate program among the candidates as mentioned in paragraph (1) shall be held by the General Election Commission and broadcasted live throughout the nation by electronic media through public broadcasting institutions. Section 288 (1) The public broadcasting stations of Television of the Republic of Indonesia and the Radio of the Republic of Indonesia, local public broadcasting institutions, private broadcasting institutions and subscription-based broadcasting institutions shall offer equal time allocation and equal treatment to the candidates to deliver their campaign contents." Source: Sections 277 (2), 288, General Election Law, 2017 (Unofficial translation by the researcher) |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
The role of the General Election Commission is likely to be a regulator not the facilitator. Source
Source: General Election Law, 2017 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
Source
Source: Political Parties Law, 2008, 2011 |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
"Section 84 (1) Prospective candidates and/or campaign teams shall be prohibited from promising and/or giving money or any other material to influence voters. (2) Contesting candidates and/or campaign teams proven to have committed such offenses mentioned in paragraph (1) shall be proceeded to the court under the provision of the law subject to remain or to be revoked as a contesting candidate." Source: Section 84, Local Government Law, 2004 (Unofficial translation by the researcher) "Section 278 During the cooling off period as referred to in Section 276, operators, contestants, and/or campaign officers of the presidential and vice presidential election shall be prohibited to promise or give reward to voters for: a. not using their voting rights; b. electing a certain contesting candidate; c. electing a certain contesting political party; d. electing a certain member of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council; and/or e. electing a certain member of the Regional Representative Council. Section 280 Campaign operators, participants, and teams shall be prohibited to: j. promise or give money or other materials to the campaign participants." Source: Sections 278, 280 j, General Election Law, 2017 (Unofficial translation by the researcher) |
39. Are there limits on the amount a political party can spend? |
Code
No
Source
Source: Political Parties Law, 2008, 2011 and General Election Law, 2017 |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
"Section 74 (9) The restrictions of campaign funding for contesting candidates are stipulated by the Provincial General Election Commission and District/City General Election Commission by taking into account the number of voters, the coverage/area, and the regional cost standards." Source: Section 74 (9), Law on the Government Procedures and Regulations on the Elections of the Governor, Regent, and Candidates, 2016 (Unofficial translation by the researcher) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The number of voters, the coverage/area, and the regional cost standards
Source
"Section 74 (9) The restrictions of campaign funding for contesting candidates are stipulated by the Provincial General Election Commission and District/City General Election Commission by taking into account the number of voters, the coverage/area, and the regional cost standards." Source: Section 74 (9), Law on the Government Procedures and Regulations on the Elections of the Governor, Regent, and Candidates, 2016 (Unofficial translation by the researcher) |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Source
Source: General Election Law, 2017 |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Source
"Number 34 (2) The number of campaign ad on television for each candidate shall not exceed ten spots, at a maximum duration of thirty seconds, for every television station, every day of campaign period as mentioned in paragraph (1). (3) The number of campaign ad on radio for each candidate shall not exceed ten spots, at a maximum duration of sixty seconds, for every radio station, every day of campaign period as mentioned in paragraph (1)." Source: Number 34, Regulations of General Election Commission on Political Campaign of Governor, Regent, and Candidates, 2017 (Unofficial translation by the researcher) |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
Source
"Number 47 (1) Social media public information campaign in Number 41 f shall be conducted by the political party or combined political parties, candidate and/or team campaigners. (2) Political parties or combined political parties, candidate and/or team campaigner can temporarily create an authorized account on social media for the necessary campaigns during the campaign period. (3) Political parties or combined political parties, candidate and/or team campaigner must register an account official in social media as referred to in paragraph (2) to the Provincial General Election Commission/Independent Election Commission Aceh or District/City General Election Commission/Independent Election Commission or so at most lately one day prior to the implementation of the campaign. (4) Registration of social media accounts as intended in paragraph (3) using the BC4-KWK Form to be submitted to: a. Provincial General Election Commission/Independent Election Commission Aceh or District/City General Election Commission/Independent Election Commission; b. Provincial Election Supervisory Body or District/City Supervisory Election Commission; c. The State Police of the Republic of Indonesia or appropriate organization at the same level; and d. as a candidate." Source: Number 47, Regulations of General Election Commission on Political Campaign of Governor, Regent, and Candidates, 2017 (Unofficial translation by the researcher) |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
Source
Source: General Election Law, 2017 |
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Annually Source
"Section 13 Political parties shall be obliged to submit the accountability report on receipts and financial expenditures sourced from the government expenditure and regional venue and expenditure periodically once a year to the government to be examined by the Audit Board of Indonesia as mentioned in Section 12A." Source: Section 13, Government Decree on Political Finance to Political Parties, 2012 (Unofficial translation by the researcher) |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"Section 334 (2) Political parties competing in the election of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission at the national, regional, and district/city level in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting." Source: Section 334 (2), General Election Law, 2017 (Unofficial translation by the researcher) |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"Section 334 (1) Contesting candidates and their campaign teams at the national level election shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days after that candidate runner is designated as a contestant in the election of the president and vice president by the General Election Commission. (3) Contesting candidates for the Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting." Source: Section 334 (1) (3), General Election Law, 2017 (Unofficial translation by the researcher) |
50. Do third parties have to report on election campaign finances? |
Code
No
Source
"Section 334 (1) Contesting candidates and their campaign teams at the national level election shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days after that candidate runner is designated as a contestant in the election of the president and vice president by the General Election Commission. (2) Political parties competing in the election of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission at the national, regional, and district/city level in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting. (3) Contesting candidates for the Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting." Source: Section 334, General Election Law, 2017 (Unofficial translation by the researcher) |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
"Section 335 (7) The General Election Commission, Provincial General Election Commission, and District/City General Election Commission shall announce the result of the audit of the campaign funding to the public in no later than ten days after the report on auditing result is received." Source: Section 335 (7), General Election Law, 2017 (Unofficial translation by the researcher) |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
Both political parties and candidates are prohibited to receive any donations or contributions from unidentified persons at the first place. Source
"Section 40 (3) Political parties shall be prohibited to: b. accept donations in the form of money, goods, or services from whichever side even without mentioning a clear identity;" Source: Section 40 (3) b, Political Parties Law, 2008 (Unofficial translation by the researcher) "Section 339 (1) The election candidates, campaign operators, and campaign teams shall be prohibited from receiving donation or funding of election campaign from: b. donor whose identity is not clearly identified;" Source: Section 339 (1) b, General Election Law, 2017 (Unofficial translation by the researcher) |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
The provision is included in the attachment of the regulation. Source
"F. The Accountability Report of the Financial Assistance to the Political Party…..(name) Fiscal Year….. This accountability report of the financial assistance including the receipts and the expenditures of the Political Party….. at the amount of…..rupiah(s), which has been inspected by the Auditing Board of Indonesia on the Date…..Month…..Year…..as follows:" Source: Attachment F., Ministerial Regulations on Budgeting, Submission of Report, and Administration of Financing Political Parties, 2017 (Unofficial translation by the researcher) |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
The provision is included in the attachment of the regulation. Source
"F. The Accountability Report of the Financial Assistance to the Political Party…..(name) Fiscal Year….. This accountability report of the financial assistance including the receipts and the expenditures of the Political Party….. at the amount of…..rupiah(s), which has been inspected by the Auditing Board of Indonesia on the Date…..Month…..Year…..as follows:" Source: Attachment F., Ministerial Regulations on Budgeting, Submission of Report, and Administration of Financing Political Parties, 2017 (Unofficial translation by the researcher) |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Source
"Section 334 (1) Contesting candidates and their campaign teams at the national level election shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days after that candidate runner is designated as a contestant in the election of the president and vice president by the General Election Commission. (2) Political parties competing in the election of the People’s Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission at the national, regional, and district/city level in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting. (3) Contesting candidates for the Regional Representative Council shall submit the preliminary report on the election campaign funding and special bank account to the General Election Commission in no later than fourteen days prior to the first day of the campaign implementation in the form of general meeting." Source: Section 334, General Election Law, 2017 (Unofficial translation by the researcher) "Number 12 (3) Letter of application as mentioned in paragraph (2) shall use letterhead and seal of the political party and attach two copies of completed form to the administration as follows: g. The report realizing the financial assistance including receipts and expenditures sourced from the government budget of the previous fiscal year shall be examined by the Auditing Board of Indonesia. Number 13 (3) Letter of application as mentioned in paragraph (2) shall use letterhead and seal of the political party and attach two copies of completed form to the administration as follows: f. The report realizing the financial assistance including receipts and expenditures sourced from the provincial regional government budget of the previous fiscal year shall be examined by the Auditing Board of Indonesia. Number 14 (3) Letter of application as mentioned in paragraph (2) shall use letterhead and seal of the political party and attach two copies of completed form to the administration as follows: f. The report realizing the financial assistance including receipts and expenditures sourced from the district/city regional government budget of the previous fiscal year shall be examined by the Auditing Board of Indonesia." Source: Numbers 12 (3) g, 13 (3) f, 14 (3) f, Ministerial Regulations on Budgeting, Submission of Report, and Administration of Financing Political Parties, 2017 (Unofficial translation by the researcher) |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
EMB = Election Supervisory Body or Bawaslu, Auditing Agency = Audit Board of Indonesia or Badan Pemeriksa Keuangan: BPK Source
"Section 12 The General Election Commission shall have duties on: i. following-up promptly the decision of the Election Supervisory Body on findings and reports of alleged violations or election disputes; Section 13 The General Election Commission shall be authorized to: k. establish a public accountant to audit the election campaign funding and announce the preliminary report on the election campaign funding; and Section 14 The General Election Commission shall be obliged to: j. implement the Election Supervisory Body's decision on the sanctions on administrative violations and election process disputes;" Source: Sections 12 i, 13 k, 14 j, General Election Law, 2017 (Unofficial translation by the researcher) "Section 13 Political parties shall be obliged to submit the accountability report on receipts and financial expenditures sourced from the government expenditure and regional venue and expenditure periodically once a year to the government to be examined by the Audit Board of Indonesia as referred to in Section 12A." Source: Section 13, Government Decree on Political Finance to Political Parties, 2012 (Unofficial translation by the researcher) |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Source
"Section 95 The Election Supervisory Body shall be authorized to: a. receive and follow up the related reports on the alleged violations of the legal enforcement concerning the election; b. examine, review, and decide the offenses on the electoral administration; c. examine, review, and decide the offenses on money politics; d. receive, examine, mediate or admit, and solve the disputes over the electoral process; e. recommend the respective agencies on the result of monitoring the neutrality of the civilian apparatus of the country, the neutrality of the members of the Indonesian National Army, and the neutrality of the members of the Indonesian National Police; g. ask the related parties for necessary materials to intercept and take action on the administrative violations, code of conduct violations, allegations of electoral crimes, and disputes over the electoral process;" Source: Section 95 a b c d e g, General Election Law, 2017 (Unofficial translation by the researcher) |
58. What sanctions are provided for political finance infractions? |
Code
Source
"Section 285 The General Election Commission, Provincial General Election Commission, and District/City General Election Commission can make action against the campaign operators that have the status of candidates for members of the People’s Representative Council, Provincial Regional Representative Council, District/City Regional Representative Council, and Regional Representative Council based on the court’s binding and final verdict against the violations as referred to in Section 280 and Section 284 imposed over them in the forms of: a. revocation of the names of candidates for members of the People’s Representative Council, Regional Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council from the final candidate list; or b. cancellation of the determination of the candidate for member of the People’s Representative Council, Regional Representative Council, Provincial Regional Representative Council, and District/City Regional Representative Council as an elected candidate. Section 338 In the event that national, provincial, and district/city boards of contesting parties do not submit the report on preliminary campaign funding to the General Election Commission, Provincial General Election Commission, and District/City General Election Commission until the deadline as mentioned in Section 335 paragraph (2), the political party concerned shall be subject of sanction in the form of cancellation as a contestant in the relevant area. Section 339 (2) Contesting candidates, campaign operators, and campaign teams that receive contributions as mentioned in paragraph (1) are not entitled to use the fund and are obliged to report it to the General Election Commission and shall give the contribution to the State Treasury in no later than fourteen days after the end of the campaign season. Section 496 Contesting candidates that intentionally provide false information in the report on campaign funding as referred to in Section 334 paragraph (1), paragraph (2), and/or paragraph (3) and Section 335 paragraph (1), paragraph (2), and/or paragraph (3) shall be subject to an imprisonment of a maximum of 1 (one) year and a fine for a maximum of 12,000,000 IDR (twelve million rupiahs)." Source: Sections 285, 338, 339 (2), 496, General Election Law, 2017 (Unofficial translation by the researcher) |