THE BLOCKCHAIN-BASED ON E-VOTING IN THE LOCAL ELECTIONS SYSTEM: AN EFFORT TO REALIZE E-DEMOCRACY

E-voting in post-conflict local elections is still a long debate. One of the reasons is related to the security problem e-voting. Over time, system blockchain born which is known unhackable. Therefore, will analyze, first, urgency using e-voting in post-conflict local election system and secondly the formulation use of blockchain-based e-voting in the post-conflict local election system. The method research is legal research with statute approach, conceptual approach, and case approach. As for the results of the study: first, urgency using blockchain in regional head election system, because there are still many problems, namely: 1) Multiple voter data which results in voters being able to vote more than one time, 2) There are still ballots that have been voted, due irresponsible persons, 3) Distribution of ballot boxes and ballots have problems both before and after voting, and 4) Many post-conflict local election officers died and got sick due to fatigue while on duty, and secondly, the formulation use blockchain in electronic-based regional head election system, must considered: 1) review readiness of districts/cities, 2) Making rules with stakeholders, 3) Resource training humans, 4) Socialization to the community, 5) The implementation is carried out systematically tiered, 6) Implement pilot project before implemented.

Harian Suara.com, Dugaan Kuat Ada 85.848 Data Ganda di DPT Pilkada Jember 2020, https://www.hariansuara.com/news/politik/21442/dugaan-kuat-ada-85-848-data-gandadi-dpt-pilkada-jember-2020, accessed on 21 April 2022. 10 Solopos, Data Ganda di DPS Pilkada Boyolali masih 1.736, https://www.solopos.com/data-ganda-di-dps-pilkada-boyolali-masih- happen because the conventional voting system based on voting using paper or ballots itself does not have a proper security system base because the ballots are very easy to be rigged by certain elements, and require management from officers which requires a lot of money, time, and energy. 15 From the problems mentioned above, there has been no concrete effort to overcome them to prepare for local elections in 2022, 2023, and 2024. This presumably is inversely proportional to the implementation of village head elections, which try to solve problems by implementing e-voting as a form of legal progressivity in responding to problems related to the voting system in Indonesia. 16 The biggest concern is as stated by the Minister of Home Affairs, Tito Karnavian, who stated that e-voting for village heads is good because it covers a small area, while for regional and national elections, e-voting is prone to be hacked by certain parties to change data. 17 In its development, there is a technology, namely blockchain which has several features that ensure security and consistency in transactions and data storage which incidentally is starting to be expected to be used in evoting. 18 However, this tends to be new, and there are still many who are unfamiliar with blockchain technology, so it needs to be analyzed more deeply whether the use of blockchain in the regional head election system is in line with the cumulative requirements in the Constitutional Court Decision Number 147/PUU-VII/2009, which does not violate the principle direct, public, free, confidential, honest and fair. In addition, the provision of blockchain technology in collaboration with third parties is constitutional and meets the cumulative requirements in the Constitutional Court Decision Number 147/PUU-VII/2009, namely that areas that apply the e-voting method are ready in terms of technology, financing, human resources, and the software, the readiness of the community in the area concerned, as well as other requirements.
Problems and dilemmas related to using e-voting in post-conflict local elections, especially with this blockchain system, will always exist. Even when implemented, new problems will be found. However, this does not mean that this will erase the discourse on the potential use of e-voting in this post-conflict local election. In fact, the actual use of e-voting in this post-conflict local election is a manifestation of human rights related to the use of technology which is guaranteed in Article 288C  in Article 31 of the 1945 Constitution of the Republic of Indonesia. A mechanism for the creation of e-democracy in society. In order to ensure the novelty of this article, several similar articles and the differences between them will be described. First, an article from Lubna entitled: "Implementation of the E-Voting System to Improve the Quality of Democracy in Indonesia" was published in the Journal of Governance and Policy Volume 1, Number 1, in 2019. The article focuses on the discussion related to SWOT from the implementation of E-voting in Indonesia in the context of elections, while in this article, the focus of the discussion is on local elections, and the mechanism used is blockchain. 19 Second, an article from Yulfitno Wingga Pratama and Denny Kurniadi entitled: "Implementation of Blockchain in General Election Applications." which was published in the Voteteknika Journal Volume 9, Number 3, in 2021. The article discusses the blockchain system in elections which incidentally uses the Solidity programming language and uses the local ethereum blockchain database (Ganache). From the focus of the discussion, it can be seen that the focus is on the technical perspective, while in this article we use a legal perspective and also in the context of post-conflict local elections instead of general elections. 20

B. RESEARCH METHODS
This research is doctrinal research. According to Hutchinson, Doctrinal Research: 21 "research which provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between rules, explains areas of difficulty and, perhaps, predicts future developments." In this doctrinal research, the legal problem that will be analyz in this article is about the application of Blockchain-based E-Voting in the Local Elections System.
In this doctrinal research, the approach that used are statute approach, conceptual approach, and case approach. In statute approach, the regulation that will be analyze are regulation that relate with the application of Blockchain-based E-Voting in the Local Elections System. In conceptual approach, the concept/doctrine that will be analyze are concept/doctrine that relate with the application of Blockchain-based E-Voting in the Local Elections System. In case approach, the cases that will be analyze are cases that relate with the application of Blockchain-based E-Voting in the Local Elections System.

C. RESULTS AND DISCUSSION 1. The Urgency of Using E-Voting in Local Elections
As stated by Robert Dahl, that the ideal democracy always demands various things, so that no actual regime is able to fully  22 From Robert Dahl's view, it can be understood that the true democratic process will continue to demand continuous change and make improvements in order to create an ideal democracy. 23 Therefore, the process of local elections that have been held will never stop at the point of perfection, so various improvements are needed to achieve a level of maturity in running a democracy. The implementation of the post-conflict local election must also be based on the principles of law and justice that are universally adopted, namely stating that no one may benefit from irregularities and violations committed by oneself and deviations and violations committed by others may harm no one (nullus/nemo commodum capere potes de injuria sua propria). 24 In its implementation, the direct implementation of the postconflict local election by the people from 2005 to 2020 still causes some problems. These problems are broadly described in the table as follows: Source: Author's management results The description above shows that in fact the problems related to the post-conflict local election almost have the same thing every year, and the problems that occur in general include: a. Multiple Voter Data which consequently voters can vote more than 1 (one) time. b. The ballots that have been punched are due to the role of irresponsible persons. This can happen during the printing process or on polling day by involving irresponsible officers. 32 c. The distribution of ballot boxes and ballots often encountered problems before and after voting. This is because Indonesia has a variety of geographical conditions, as well as weather conditions or circumstances that are beyond control or force majeure. 33 d. Many election officials died and got sick during the simultaneous elections due to fatigue. Officers worked almost 24 hours, especially before the vote, until the vote count was carried out. This is also because the vote-counting process is done manually. 34 The number of problems related to this post-conflict local election made a lot of discourse and studies conducted to answer this problem, but no concrete solution has been presented in overcoming the problems in regional head elections. This is different from the village head election, where based on data, the Ministry of Home Affairs noted that from 2013 to 2020, 1,572 villages in 23 regencies/cities had conducted village head elections by voting electronically or by e-mail. 35 With e-voting in village elections, it is hoped that overcoming the problem of ballots having been punched, multiple voters, and voting and vote counting become more effective. E-Voting according to the International Institute for Democracy and Electoral Assistance is a system where voting in an election will be carried out by involving technology to assist in every process. 36 In line with this understanding, Ikhsan Darmawan defines e-voting as the use of voting rights by voters in an election using the help of electronic technology. 37 The use of e-voting in village head elections has also been implemented in several villages, which is the result of initiation by the Agency for the Assessment and Application of Technology (BPPT) in collaboration with the Ministry of Communication and Information and Local Governments in nine regencies throughout Indonesia. 38 Based on data, the Ministry of Home Affairs noted, in the period from 2013 to 2020, there were 1,572 villages in 23 regencies/cities that had conducted village head elections by e-voting. 39 With e-voting in the village head election, it is hoped that overcoming the problem of ballots having been punched, multiple voters, and voting and counting votes will be more effective. In line with this, the implementation of E-Voting does not conflict with The 1945 Constitution of the Republic of Indonesia as the highest legal norm. The Constitutional Court agrees this as the guardian of democracy in the Constitutional Court Decision No. 147/PUU-VII/2009, which interprets that e-voting can be used as one of the methods in the general election, in addition to the previous method of voting and ticks, as long as it fulfills two cumulative conditions, namely: a. does not violate the principles of direct, general, free, confidential, honest, and fair; b. regions that apply the e-voting method are ready in terms of technology, financing, human resources and software, community

The Formulation of the Application of Blockchain-based E-Voting in the Local Elections System
According to data from the AEC Project, as of January 2010, the total number of countries that have had contact with e-voting 43 countries with details, countries that practice e-voting with voting machines (12 countries), countries that practice internet voting (7 countries), countries that have just arrived at the planning and trial stage of e-voting (24 countries), and countries that have stopped the implementation of e-voting (4 countries). 40 Here are the details of those countries: From this categorization, it can be grouped again into 2 (two) categories, namely countries that have successfully implemented evoting and countries that have failed to implement e-voting. Countries that are successful in implementing e-voting continue to use e-voting. In contrast, countries that are not successful in implementing e-voting still have obstacles and even stop the implementation.
As for the things that made these countries continue to try and even finally stop the implementation of e-voting, namely due to security  Each data that appears and will be recorded is referred to as a block. Each of these blocks forms a series so that it is called a blockchain or blockchain, and the block will prevent data misappropriation. Because every change of the data already stored in the blockchain will affect the blocks that follow and, of course, will be immediately realized by the system so that it will not be easily changed. The advantages of blockchain are: 49 a. Process flow can be simpler because there is no need for a third party/middleman/intermediary; b. Transparency or openness. Blockchain applies a transparent system so that the processes in it can be seen and shared with everyone.50 c. The processing time will be shorter. d. Distributed network makes the system more secure and cannot be hacked; " e. Data is safer because it is stored in hash form so it cannot be changed, deleted or returned as before. f. Privacy is more guaranteed because of the concept of cryptography. g. Data is easy to trace (auditable).
From this description, it can be seen that with this blockchain system, the main problems related to e-voting, namely data security and privacy, can be resolved. Learning from the e-voting failures mentioned above, what can be done so that the implementation of the electronic local election, which incidentally uses the blockchain system in Indonesia, is successful: a. A review is carried out on the readiness of the Regency/City regarding the readiness of infrastructure, human resources, funds, and so on before implementing the post-conflict local election with a blockchain system that is completely ready b. Make studies and rules by inviting stakeholders c. Human Resources Training d. There needs to be training on Human Resources before implementing blockchain in this post-conflict local election, both to the authority of the Supervisory Agency (BAWASLU), Regency/City Election Supervisory Committee, and so on e. Socialization to the Community at least 1 (one) year before the postconflict local election with the blockchain system, in order to understand the mechanism. f. Applications are carried out in stages g. In the use of blockchain in local elections, it can be done in stages which incidentally does not need to be done simultaneously. This is parallel to the Constitutional Court Decision No.147/PUU-VII/2009. h. Implementing a Trial (Pilot Project).
If local elections are implemented using this blockchain system, then based on the period of application, it is classified into 2 (two), namely short-term and long-term. In the short term, the Authority of the Regional General Election Commission can cooperate with third parties that have blockchain technology until the Authority of the Regional General Election Commission is ready, especially until it has its system. In the long term, the authority of the Regional General Election Commission will be able to have its system related to the post-conflict local election through blockchain.

D. CONCLUSION
The urgency of using e-voting in the post-conflict local election system is because there are still various problems in the post-conflict local election, namely: 1) Multiple Voter Data, which results in voters being able to vote more than 1 (one) time, 2) There are still ballots that have been cast, due to the role of irresponsible individuals, 3) The distribution of ballot boxes and ballots that often experience problems both before and after voting, and 4) Many post-conflict local election officers die and become sick during the simultaneous post-conflict local election, due to fatigue while on duty. In the formulation of the application of blockchain-based e-voting in the local elections system, the following things must be considered: 1) Review of Regency/City Readiness, 2) Making Rules By Inviting Stakeholders, 3) Human Resource Training, 4) Socialization To the Community, 5) Implementation is carried out in stages, and 6) Implementing a pilot project before it is implemented.