Political Finance Database

Indonesia

Indonesia

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
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

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

(1) Election contestants and campaign teams/organizers are prohibited to receive campaign funds from the following sources: a. foreign parties

Source

Article 339(1)a, Electoral Law 2017

3. Is there a ban on corporate donations 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

4. Is there a ban on corporate donations to candidates?
Code
No
Comment

Campaign fund from other sources as mentioned in Article 325 paragraph (2) letter c is a donation classified as valid by law, free of prerequisites, and may come from individuals, corporations, and/or non-government legal bodies.

Source

Article 326, Electoral Law 2017

"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

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

Campaign fund from other sources as mentioned in Article 325 paragraph (2) letter c is a donation classified as valid by law, free of prerequisites, and may come from individuals, corporations, and/or non-government legal bodies.

Source

Article 326, Electoral Law 2017

"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 

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

Campaign fund from other sources as mentioned in Article 325 paragraph (2) lette rc is a donation classified as valid by law, free of prerequisites, and may come from individuals, corporations, and/or non-government legal bodies.

Source

Article 326, Electoral Law 2017

"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

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

Article 331'

(1) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of individual citizens as mentioned in Article 330 shall not exceed IDR 2,500,000,000 (two billion five hundred million rupiah).
(2) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of groups, corporations, and/or non government business entities as mentioned in Article 330 shall not exceed IDR 25,000,000,000 (twenty-five billion rupiah).
(3) The donor who provides donation as mentioned in paragraph (1), and paragraph (2) must submit their clear identity..

Electoral Law 2017

"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

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

Article 331 

​(1) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of individual citizens as mentioned in Article 330 shall not exceed IDR 2,500,000,000 (two billion five hundred million rupiah).
(2) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of groups, corporations, and/or non government business entities as mentioned in Article 330 shall not exceed IDR 25,000,000,000 (twenty-five billion rupiah).
(3) The donor who provides donation as mentioned in paragraph (1), and paragraph (2) must submit their clear identity..

Electoral Law 2017

"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;"

Section 339 (1) b, General Election Law, 2017

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Source

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

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

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Comment

"(1) Election contestants and campaign teams/organizers are prohibited to receive

campaign funds from the following sources:

a. foreign parties;

b. donors without clear identity;

c. fruits of activities that are proven illegal/criminal by a court verdict with permanent legal power, or activities that attempt to hide or obscure illegal/criminal acts;

d. national government, regional government, state-owned enterprises, and region-owned enterprises; or

e. village government or village-owned enterprises.

(2) An election contestant, campaign organizer, or campaign team who receives fund through sources prohibited by paragraph (1) shall not be allowed to use the fund, must report the fund to the KPU, and hand over the fund to the state treasury at the latest 14 (fourteen) days after the end of campaign period.

(3) An election contestant, campaign organizer, or campaign team who fails to heed the provisions of paragraph (2) shall be punished in accordance to the provisions of this Law.

(4) Anyone is prohibited to use the budget of the state/national government, regional government, state-owned enterprises, region-owned enterprises, village government, or village-owned enterprises to be donated or provided for campaign purposes."

Source

Article 339(4), Electoral Law 2017.

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Comment

"(1) Election contestants and campaign teams/organizers are prohibited to receive

campaign funds from the following sources:

a. foreign parties;

b. donors without clear identity;

c. fruits of activities that are proven illegal/criminal by a court verdict with permanent legal power, or activities that attempt to hide or obscure illegal/criminal acts;

d. national government, regional government, state-owned enterprises, and region-owned enterprises; or

e. village government or village-owned enterprises.

(2) An election contestant, campaign organizer, or campaign team who receives fund through sources prohibited by paragraph (1) shall not be allowed to use the fund, must report the fund to the KPU, and hand over the fund to the state treasury at the latest 14 (fourteen) days after the end of campaign period.

(3) An election contestant, campaign organizer, or campaign team who fails to heed the provisions of paragraph (2) shall be punished in accordance to the provisions of this Law.

(4) Anyone is prohibited to use the budget of the state/national government, regional government, state-owned enterprises, region-owned enterprises, village government, or village-owned enterprises to be donated or provided for campaign purposes."

Source

Article 339(4), Electoral Law 2017

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
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

(1) Election contestants and campaign teams/organizers are prohibited to receive

campaign funds from the following sources:

a. foreign parties;

b. donors without clear identity;

c. fruits of activities that are proven illegal/criminal by a court verdict with permanent legal power, or activities that attempt to hide or obscure illegal/criminal acts;

d. national government, regional government, state-owned enterprises, and region-owned enterprises; or

e. village government or village-owned enterprises.

(2) An election contestant, campaign organizer, or campaign team who receives fund through sources prohibited by paragraph (1) shall not be allowed to use the fund, must report the fund to the KPU, and hand over the fund to the state treasury at the latest 14 (fourteen) days after the end of campaign period.

(3) An election contestant, campaign organizer, or campaign team who fails to heed the provisions of paragraph (2) shall be punished in accordance to the provisions of this Law.

(4) Anyone is prohibited to use the budget of the state/national government, regional government, state-owned enterprises, region-owned enterprises, village government, or village-owned enterprises to be donated or provided for campaign purposes.

Article 339(4), General Electoral Law 2017

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
Comment

"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

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
(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

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
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
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, Electoral Law 2017

(1) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of individual citizens as mentioned in Article 330 shall not exceed IDR 2,500,000,000 (two billion five hundred million rupiah).

(2) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of groups, corporations, and/or non-government business entities as mentioned in Article 330 shall not exceed IDR 25,000,000,000 (twenty-five billion rupiah).

(3) The donor who provides donation as mentioned in paragraph (1), and paragraph (2) must submit their clear identity.

Section 333, Electoral Act 2017

(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)."

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 (Group, Company, Non-government) People's Representative Council=2,500,000,000 IDR (Individual); 25,000,000,000 IDR (Group, Company, Non-Government) Regional Representative Council=750,000,000 (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, Electoral Law 2017

(1) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of individual citizens as mentioned in Article 330 shall not exceed IDR 2,500,000,000 (two billion five hundred million rupiah).

(2) The total of campaign fund for election of members of the DPR, Provincial DPRD, and Regency/City DPRD received from donations of groups, corporations, and/or non-government business entities as mentioned in Article 330 shall not exceed IDR 25,000,000,000 (twenty-five billion rupiah).

(3) The donor who provides donation as mentioned in paragraph (1), and paragraph (2) must submit their clear identity.

Section 333, Electoral Act 2017

(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)."

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, donation limit for private persons apply
Source

Article 329(2), Electoral Law 2017.

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Comment

(5) Campaign fund in the form of donated goods/services as mentioned in paragraph (3) shall be recorded based on a reasonable appraisal of the market price of said goods/services at the time of receipt.

Source

Article 329(5), Electoral Law 2017.

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Comment

(5) Campaign fund in the form of donated goods/services as mentioned in paragraph (3) shall be recorded based on a reasonable appraisal of the market price of said goods/services at the time of receipt.

Source

Article 329(5), Electoral Law 2017.

23. Is there a ban on political parties engaging in commercial activities?
Code
Yes
Source

Article 34, Law 2/2011 on Political Parties amending Law 2/2008 on Political Parties.

(1) The financial sources of political party shall be as follows:
a. Membership dues;
b. Contributions that are legitimate in accordance to the prevailing laws; and
c. Financial Subsidy from the national budgets and/or regional budgets.

Section 40 (4), Political Parties Law, 2008 

(4) Political parties shall be prohibited to establish a business entity and/or own shares of a business entity.

Source:

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
27. Are there provisions requiring donations to go through the banking system?
Code
Yes
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."

General Election Law, 2017

Article 329(4)

(3) Campaign Fund, as mentioned in paragraph (2) may be in the form of money, goods, and/or services.
(4) Campaign fund in the form of money as mentioned in paragraph (3) shall be stored in a separate bank account dedicated for this purpose.

Electoral Law 2017.

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Source

 (1) The amount of financial assistance to political parties that get a seat in the House of Representatives as referred to in Article 2 paragraph (31 amounting to Rp1,000.00 (thousand rupiah) per valid vote.

(2). The amount of financial assistance value as referred to in paragraph (1) can be raised in accordance with the financial capabilities of the country.

(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."

Section 5, Government Decree on Political Finance to Political Parties, 2018 .

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of seats in previous election
Source

(1) The amount of financial assistance to political parties that get a seat in the House of Representatives as referred to in Article 2 paragraph (31 amounting to Rp1,000.00 (thousand rupiah) per valid vote.

(2). The amount of financial assistance value as referred to in paragraph (1) can be raised in accordance with the financial capabilities of the country.

(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."

 Section 5, Government Decree on Political Finance to Political Parties, 2018 (unofficial translation by editor).

30. What is the allocation calculation for political parties to receive public funding?
Code
Flat rate by votes received
Source

 (1) The amount of financial assistance to political parties that get a seat in the House of Representatives as referred to in Article 2 paragraph (31 amounting to Rp1,000.00 (thousand rupiah) per valid vote.

(2). The amount of financial assistance value as referred to in paragraph (1) can be raised in accordance with the financial capabilities of the country.

 

(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."

 

Section 5, Government Decree on Political Finance to Political Parties, 2018 (unofficial translation by editor).

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

32. Are there provisions for free or subsidized access to media for political parties?
Code
No
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

Electoral Law 2017 applied campaign fund subsidies indirectly for advertisements in print or electronic mass media for each pair of presidential and vice presicential candidate. However, the production costs of creating campaign advertising content in print and electronic mass media were charged to each pair of presidential and vice presidential candidates. The KPU, through state funds, only bears the cost of advertising in print or electronic mass media with an equivalent duration, spot or number of advertisements. 

Source

288 (1) State broadcasting agencies the Television of Republic of Indonesia (TVRI), Radio of Republic of Indonesia (RRI), local broadcasting agencies, private broadcasting agencies, and subscription broadcasters shall provide equal allocation of time and equal treatment for all election contestants to convey their campaign.  

Article 288, Electoral Law 2017 

35. Are there provisions for any other form of indirect public funding?
Code
No
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
Other
Source

"Section 10

(3) The political educational activities mentioned in paragraph (1) shall be implemented with paying attention to equity and gender equality to build appropriate ethics and political culture in accordance with Pancasila."

Source: Section 10 (3), Government Decree on Political Finance to Political Parties, 2012 

Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

278 (2) During the Quiet Period as mentioned in Article 276, the organizers, participants, and/or teams of presidential campaign is prohibited from promising or providing any gifts, presents, or incentives for a voter to:
a. not use their right to vote;
b. vote a particular presidential candidate ticket;
c. vote a particular political party contesting in an election;
d. vote a particular candidate for member of the DPR, Provincial DPRD, or Regency/City DPRD; and/or
e. vote a particular candidate for member of the DPD. 280 (j)j. promise or provide incentives in the form of money or other gifts to attendees or participants of a campaign activity. 

Source: Sections 278, 280 j, General Election Law, 2017

39. Are there limits on the amount a political party can spend?
Code
No
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

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Depends on number of voters, the coverage/area, and the regional cost standards
Comment

The KPU regulation stipulates the formula for calculating the amount of campaign fund spending limits as follows

a. general meeting=number of participants*frequency of activities*standard regional costs;

b. limited meeting=number of participants*frequency of activities*standards regional costs;

c. face-to-face meetings=number of participants*frequency*standard area fees

d. preparation of campaign materials=number of activities* (30%*number of votes)*IDR 25,000

e. management/consultant service

f. campaign props that are financed by the Candidate Pairs whose numbers are guided by the decisions of the Provincial KPU/Aceh KIP or Regency/Municipak KPU/KIP

Source

Section 74, paragraph 9

(9) Limitations on campaign funds for pairs of candidates shall be determined by the Provincial KPU and Regency/Municipal KPU by taking into account the number of votes, coverage/area, and regional cost standards.' In this case, there are three main variables that determine the limits of spending on campaign funds, namely the number of votes, the area, and the standard of regional costs. These three variables have consequences for different campaign budget spending limits in each region. 

Source: Section 74 (9), Law on the Government Procedures and Regulations on the Elections of the Governor, Regent, and Candidates, 2016

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
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 

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
Yes
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

Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
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

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

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

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 

50. Do third parties have to report on election campaign finances?
Code
No
Comment

No, unless one considers "campaign teams" to be third parties, in which case it is required under Articles 334 and 335 of the Electoral Law 2017.

51. Is information in reports from political parties and/or candidates to be made public?
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.

(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

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

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

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 

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
  • EMB
  • Auditing agency
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

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
  • EMB
  • Auditing agency
  • Other
Comment

Election Supervisory Board=Bawaslu, Audit Board of Indonesia=Auditing Agency, KPU=General Elections Commission

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

Bawaslu is authorized to:
a. receive and follow-up reports about a suspected violation of a provision in law governing elections;
b. investigate, assess, and arbitrate cases of electoral administrative violations;
c. investigate, assess, and arbitrate cases of money politics;
d. receive, investigate, mediate, adjudicate, and arbitrate cases of electoral process dispute resolution;e. recommend to relevant government institutions regarding supervision results
about the impartiality of civil servants, active members of the Indonesian Military (TNI), and the national police force of Republic of Indonesia (Polri); 
f. remporarily take over the tasks, authorities, and obligations of a Provincial Bawaslu and a Regency/City Bawaslu when they are temporarily unable to perform said task, authority, and/or obligation due to being imposed by a sanction or other consequences in accordance to the provisions of applicable
law; 
g. inquire from relevant parties any supporting documents needed to prevent and address an electoral administrative violation, EMB ethical code breach, suspected electoral crime, and/or electoral process dispute;  
 

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 

58. What sanctions are provided for political finance infractions?
Code
  • 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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