Court endorses Gafur's election as governor<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
Amid accusations of money politics, the Supreme Court has issued
\na legal opinion endorsing the controversial election of Abdul
\nGafur as North Maluku governor and Yamin Tawari as his deputy,
\nsaying that the election procedures were complied with.<\/p>\n
\"After carefully examining the election process in North
\nMaluku, the Supreme Court determines that it was conducted
\nthrough the correct mechanisms, as stipulated in Articles 39 and
\n40 of Law No. 22\/1999 on regional autonomy, as well as Article 22
\nof Government Regulation No. 151\/2000 on election procedures and
\nthe appointment and removal of local officials,\" the Supreme
\nCourt said in its legal opinion signed by Chief Justice Bagir
\nManan on Nov. 2.<\/p>\n
\"Should there be accusations that some criminal acts, such as
\nbribery, took place during the election, any party is encouraged
\nto go to court in order to prove the accusations pending the
\ncourt issuing a verdict over it, as well as imposing legal
\nsanctions,\" Bagir said in his legal opinion made available to the
\nmedia on Monday, Antara reported.<\/p>\n
The legal opinion allows Gafur, who is a Golkar figure and
\nserved as a minister of sports and youth affairs during former
\npresident Soeharto's tenure, to replace acting governor Abdul
\nMuhyi Effendie.<\/p>\n
Gafur and Yamin were elected North Maluku governor and vice
\ngovernor respectively on July 25, 2001, but their election was
\nannulled by the North Maluku Legislative Assembly (DPRD) on Sept.
\n28 due to allegations that Gafur bribed two local legislators,
\nMuhammad Sahafin of the Golkar Party and Muksin Sudara of the
\nUnited Development Party (PPP), in order to help him win the
\ngubernatorial race.<\/p>\n
Sahafin reportedly accepted Rp 66 million (US$6,000), while
\nSudara had still not received the money by the time he admitted
\nthe attempted bribery by Gafur's team.<\/p>\n
Gafur and Yamin denied the allegations.<\/p>\n
North Maluku Legislative Assembly Speaker Rustam Honoras said
\nin Jakarta in early October that with the annulment of Gafur's
\nelection, the North Maluku DPRD would hold a new round of
\ngubernatorial elections before the end of this year.<\/p>\n
The government later set up a team to probe the case,
\nconsisting of officials from the Directorate General of Regional
\nAutonomy, the Ministry of Home Affairs Inspectorate, the
\nDirectorate General of Regional Integrity and members of the
\nHouse of Representatives' Commission II on legal and home
\naffairs.<\/p>\n
Even though the team found indications of money politics and
\nbribery in Gafur's campaign, it said that \"the findings might not
\naffect the planned installation of Gafur as governor, as the
\nregulations stipulate that allegations of money politics can only
\naffect the election result if there is more than one legislator
\nreported vote-buying to the provincial legislative council.\"<\/p>\n
The team was referring to Articles 25 and 28 of Government
\nRegulation No. 151\/2001.<\/p>\n
Following the annulment, 23 local legislators who supported
\nGafur asked the Supreme Court on Oct. 21 to provide a legal
\nopinion regarding the case.<\/p>\n
Even though the Supreme Court's legal opinion is not binding,
\nGafur's lawyer Djamal Kamarullah immediately urged President
\nMegawati Soekarnoputri to issue a decree installing Gafur as the
\nnew governor of North Maluku province.<\/p>\n
\"There is no other reason for the government to postpone Pak
\nGafur's installment,\" Djamal said as quoted by Antara.<\/p>",
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