58. What sanctions are provided for political finance infractions?

Indonesia

Indonesia

Answer
  • Fines
  • Prison
  • Loss of public funding
  • Loss of nomination of candidate
  • Loss of elected office
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

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