Perlindungan Hak Memilih Dalam Pemilihan Umum Melalui Pemutakhiran Data Pemilih Berkelanjutan

Abstract

Compiling a comprehensive, accurate and up-to-date voter list is important for the KPU to do because it greatly affects the protection of citizens' right to vote. This is as stated in Article 198 paragraph (2) of Law Number 7 of 2017 concerning General Elections which stipulates that every citizen who qualifies as a voter is registered 1 (one) time by the election organizer in the voter list. However, based on the Constitutional Court Decision Number 102 / PUU-VI / 2009 and Constitutional Court Decision Number 20 / PUU-XVII / 2019 which states that the right to vote is a constitutional right and a fundamental right as referred to in Article 27 paragraph (1) of the 1945 Constitution and Article 21 DUHAM, then the state must provide protection and guarantee the fulfillment of the right to vote to all citizens who qualify as voters to vote in the election, even though the voter concerned is not included in the voter list by using an Electronic KTP. The purpose of preparing voter lists is to provide legal certainty to voters as the basis for exercising their voting rights, and is also useful as a reference in planning the implementation of elections, particularly in calculating the need for ballot papers in Election administration. Therefore, the Election data must be updated on an ongoing basis by the KPU and its staff. Even though there are provisions in the Election Law that mandate the KPU to carry out Voter Data Updates on an ongoing basis, because there is no KPU Regulation / Decree that regulates the Updating of Continuous Voter Data (PDPB), the Regency / City KPU is entrusted with duties and obligations. Conducting Continuous Voters Data Updating (PDPB) has not been able to carry out data updating properly.