ANTICIPATING ELECTION POSTPONEMENT: PREPARING THE LEGAL FRAMEWORK OF ELECTORAL MANAGEMENT DURING PANDEMIC BASED ON RISK MANAGEMENT

Abstract

One of the various reasons for postponing elections nowadays is the unpreparedness of electoral management in dealing with the Covid-19 pandemic. Along with lifting Covid-19 restrictions (PPKM) in Indonesia, the world is still haunted by the Covid-19 pandemic or other disease outbreaks that could affect election management. Therefore, it is crucial to prepare electoral governance through a responsive legal framework to mitigate the adverse effects of a pandemic. The legal framework should be based on risk management and become a basis for the dynamics and complexity policies on electoral management. Furthermore, the design of electoral management should be aware of several aspects and election stages such as management plan, voters and candidate registration, campaign and rally, temporary officer recruitment, voting and counting process, and election observation. Furthermore, the electoral process, including the voting and counting process, can adopt the Special Voting Arrangement (SVA) through various models such as postal vote, early vote, and mobile vote. This study will explain the possibility of special electoral arrangement and SVA adoption in the legal framework and give relevant recommendations. This model can strengthen the responsive legal framework for elections to mitigate the negative impacts of the pandemic and anticipate the unconstitutional discourse on postponing elections that violates the periodic principle in elections.