Voting Rights of Indonesian Trans Women; KPU Explains Issues on Transgender Group in Elections

Translator

Ricky Mohammad Nugraha

Editor

Laila Afifa

Senin, 26 September 2022 21:30 WIB

TEMPO.CO, Jakarta - Many trans women have lost their right to vote as they do not have an electronic ID card. They are often faced with challenges to obtain citizenship documents.

The trans woman group is often sidelined in every general election. Many are left worried as they lose their political rights. They encountered various obstacles to conveying their right to vote, starting from difficulties in obtaining citizenship documents.

People’s genders are categorized into two, men and women, in the citizenship documents. This is the main issue faced by trans women as their gender role nearly never gets public recognition, both socially and politically.

The General Elections Commission (KPU) Commissioner Betty Epsilon Idroos on September 13 said that Law No.7/2017 which oversees general elections actually does not discriminate against voters’ gender as long as everything complies with the provisions. “We are unable to veer off from the corridor that is mentioned in the regulations,” said Betty.

This interview is the first part of a series of special reporting between Koran Tempo and Jaring.id that covers the issue of trans women and politics in Indonesia. This project is realized with the support of the Indonesian Association for Media Development (PPMN) and the Asia-Pacific Regional Support for Elections and Political Transitions (RESPECT). This collaboration also involved the Philippines Center for Investigative Journalism (PCIJ) and Lafaek News (Timor Leste).

How does the KPU map out voter participation among trans women?

Trans women or transgender people are Indonesian citizens. As long as they are 17 years old or have ever been married, we categorize them as voters. All these requirements are proven by the ownership of an electronic ID card.

We have no problems in mapping them as voters as long as they have an ID card. This is because they must contain 12 elements that are available for us to categorize as voters during the process of matching and researching.

Next, in the process of segmenting the people as targeted voters, one segmentation is the marginal group. Trans women are part of an aspect that needs to be approached. The goal is that they become commendable voters. In addition, they will receive information about when the voting day is, what kind of ballot they would find, as well as the correct voting mechanism. At least, it fulfills the one person, one vote, one value system.

It is also necessary to explain the categorization, of when they become permanent voters, transfer voters, or special voters. Based on my experience, they are still part of the segmentation to get voters’ dissemination and education.

There are complaints of this group being targeted for discrimination, and difficulties in obtaining an ID Card. How does the KPU assist them in meeting voters’ requirements?

When the PPDP (voters data updating officers) do the field matching and researching, they found cases where Indonesian citizens who do not own an electronic ID card but had recorded their identity, the data could still be found. But if you have never recorded [citizenship data], it can be used as feedback data. The findings in the field will be submitted to the Home Affairs Ministry. The goal is that the recording of these citizens is being implemented.

As far as we know, the Home Affairs Ministry actively seeks feedback in data from institutions like us, both from the provincial KPU and the regency/city KPU. We can support the Ministry of Home Affairs to record the relevant data so later they can come directly to the village or KPU office for assistance because the recording process is very important. As users of electronic ID cards, we need to synchronize the electronic ID card with our SIAK (Population Administration Information System) data.

If a citizen just realized an ID Card is a requirement to vote on the election day, meanwhile they are not equipped with one or have never recorded their data, are they still facilitated to vote?

The KPU can work in accordance with statutory provisions. We have three voters’ data as options on polling day. First, registered on the finals voters’ list. Now the principle is de jure. We register them according to the address listed on the electronic ID card, so they are on our final voters’ list (DPT).

Secondly, they are in our DPT, but when voters register for a transfer to voting, they have to fill out an A5 form (an eligibility letter to vote elsewhere). The treatment is the same as the DPT. But if a new voter is caught on D-day and is not registered in the DPT, the evidence based on the Election Law is only to show an identity according to the address listed on the electronic ID card. We can't get out of the corridor as stated in the rules. What can be done now is to encourage people who have not yet had their ID cards recorded to come to the Directorate General of Population and Civil Registration and have their data recorded.

What are the obstacles faced by the KPU to embrace marginalized groups such as trans women?

This is our experience when we come to them. Their working hours are different. We once came on the weekends and gathered them in one place. The main complaint is that they are unaware whether they have been registered (as voters) or not. If they are registered, what are their rights and obligations as voters? They also want to know who to vote for.

This is actually the activity of election participants to convince voters in election activities throughout the campaign period. The definition of a campaign is, after all, spreading [a candidate’s] vision and mission so members of the public, including trans women or transgender people, are willing to use their rights to vote.

They do not know who to vote for. All they know is likely the presidential election. Even though there are elections for legislators, and regional legislations, except for the Jakarta gubernatorial election.

Another frequently asked question is the voting mechanism. We tell them how the ballot is valid. I think there are no problems in the field. They still get served.

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Trans women are worried they would be made fun of when they arrive at polling stations because they look different. How does the KPU ensure that TPS (polling stations) can accept all people?

This is an input for us. We will coordinate this issue. In one TPS, there are seven KPPS (voting groups) and two security officers. There will also be witnesses from political parties and TPS supervisors. Throughout my nine years in Jakarta, I have never found (trans women who were treated badly at TPS). If there is, please let me know where it is. That will be our concern in serving voters because it is our duty to help voters.

Is there a special program to facilitate transgender groups so polling stations can be a more friendly environment for them?

There is. We have dissemination programs per segmentation. For example, for groups of women, youth, community leaders, religious leaders, or marginalized people. This categorization is to ease us in conveying [our message]. Because, for each segmentation, there is a different delivery method, what content is most appropriate, and when can be done.

Take the example of the youth group who prefer times in the afternoon after school hours. Trans women are given the time at the end of the week. How we disseminate the materials are also different as many terms are unfamiliar to them. We can’t use strict language such as “use your right to vote.” The approach to them does not use standard language. This method was used in two general elections and regional elections in Jakarta in the past two terms.

In fact, we never differentiate between them if they want to register as election organizers. As long as they are over 17 years old, have never participated in a political party in the last five years proven by documents, and must pass a test. So, there is no problem if they want to participate as ad hoc organizers which will be opened. There is no obstacle to being a participant in the election. I've never heard (of trans women issues) being such a big case.

To prevent discrimination, is there any dissemination about gender equality from the KPU to polling station officers?

There is no special technical guidance for the inclusivity of this group. We serve the election with the same equality principle. Voters may enter the voting stations starting at 07:00. The disabled people which include people with visual imparity, and mental disabilities, as well as deaf and mute people, will get special assistance. But the transgenders will not need special assistance. What is important is that no one is making fun of them. That is the standard.

The racial, religious, and intergroup issues are under our consideration when we provide technical guidance to the ad hoc officers. So far, that’s what we do. But there is no specific guidance for transgenders as we see them as other human beings.

Several regions have discriminative regional regulations against transgender groups. These regulations make them afraid of expressing themselves, including visiting the polling sites. How to handle that matter? They already have ID cards and are willing to vote but they’re afraid of getting stigmatized.

There is no such limitation in election regulation. If there are other restrictions, there will be no difference. We’ll serve them as voters. At polling stations, they are the same. We serve professionally, there is no gender difference. As long as you have an ID card and are listed as a voter, you have the right to vote from 07:00-13:00.

Now, we only need to assure them. If they have no courage to go out, our task is to convince them to come to polling sites happily, proudly, and gladly to participate. In our technical guidance, we never differentiate people with such categorization. They are Indonesian citizens and they have the right to vote.

In several regions, trans women are often involved by political parties to join their campaigns. Meanwhile, on the other hand, they have no access to vote as they don’t have ID cards. What is KPU’s stance regarding this?

Political parties hold a campaign to promote their images as well as their visions and missions. We definitely cannot restrict them if they do it creatively. They may involve public figures, entertainers or celebrities, or even the transgender community. Go ahead and do it. Our task is only to regulate the dos and don’ts. So, what they do is fine.

Is there any special technical material about gender for the ad hoc officers?

For KPU in cities/regencies and provinces, there are issues of women and gender, while for ad hoc staffers, it’s more to technical things on the field. For example, the unlisted voters that want to register. More about such stuff.

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If someone doesn’t have an ID card but has a family card, can they register as a voter?

Law Number 7 of 2017 stated that voters must be 17 years old or above, or have been married and have an electronic ID card. If they want to vote and we have the data, before the voting day or before the final voters' list is issued, it can be feedback data for the Home Affairs Ministry.

ID number is written on the family card, can it be used to vote?

A physical ID card must still be shown. For example, those who are 17 years old but have not yet obtained the KTP and want to vote, they must record their data first (to register for an ID card).

Our data shows that there are 7,000 transgender women in 21 cities, but only 675 have an ID card. How are KPU’s efforts to speed up data collection?

That’s for Pak Zudan (director general of Citizenship and Civil Registration at the Home Affairs Ministry) to handle. But if we have the data, we definitely will give it to the Home Affairs Ministry. For example, when we checked the DP4 (the list of potential voters for the general election), we found data on voters who had died. It also becomes the feedback data that must be submitted to the Home Affairs Ministry, so they would be classified as deceased since not everyone administers their family member's death certificate.

In the previous election, there was a case when someone came to the polling station but wasn’t able to vote. The officer debated the name that was written differently on the voters' list and on the ID card. Can they still vote?

That means that they have never been recorded on the final voters' list (DPT). Here is how it works: we received the DP4 form that we checked and put them on the temporary voters' list (DPS). And then from DPS to DPSHP (the revised temporary voters’ list).

In DP4, we received data on NIK and the other 12 elements. If they are people with disabilities, there will be information about it. So, if the name on the e-KTP is not the same on the DPT, they are not registered at the polling station. We have the tools in our NIK. Please do check. If they want to vote by only using the KTP, it still must be checked if they are truly registered. If they are not registered, they will be registered as special voters and may cast their vote at 12:00-13:00. The requirement is they can only vote at the domicile stated on the KTP.

There is a case where someone does not have an ID card but they received an invitation to vote and cast their vote. What do you think about it?

So, the C6 letter or the invitation is only a reminder that you can only cast your vote at the polling site that has been determined. If it is found (that someone has no ID card but received an invitation), it is a criminal act. That could be made possible probably because the KPPS was local.

Please remember that there are supervisors and witnesses at the polling stations. If there is such a finding, that leads to a criminal act as it is considered to have used other people’s right to vote.

KORAN TEMPO

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