DPRD 'has no authority to remove Sunarto'<\/p>\n
Ridwan Max Sijabat, The Jakarta Post, Jakarta<\/p>\n
The central government is still waiting for the Surabaya
\nLegislative Council's report on its recent decision to remove
\nSurabaya Mayor Sunarto Sumaprawiro from office and to appoint
\nDeputy Mayor Bambang Dwi Hartono in his place.<\/p>\n
Minister of Home Affairs Hari Sabarno said the Surabaya
\nlegislature should have reported its decision to gain the central
\ngovernment's approval, as only the president and the home affairs
\nminister was authorized by law to replace governors, regents and
\nmayors.<\/p>\n
\"So far, we have not received the report. The legislative
\ncouncil must accept the legal consequences if they take their own
\ndecision in accordance with their own internal regulations,\" he
\nsaid prior to a meeting led by coordinating minister for
\npolitical and security affairs here on Tuesday.<\/p>\n
Hari added that the central government has not yet given an
\nofficial response to the decision to dismiss the mayor as they
\nare waiting for the legislature's report.<\/p>\n
Sunarto's removal has raised controversy since the Surabaya
\nlegislature claims its decision is legitimate and final while the
\nhome minister has rejected it.<\/p>\n
Sunarto was dismissed by the legislature in its plenary
\nsession early last week as he was considered no longer capable of
\ncarrying out his daily tasks. The dismissal was the climax of the
\nlegislature's disappointment with the mayor who has been absent
\nfor four months while undergoing treatment in a hospital in
\nMelbourne, Australia. The city had been facing a serious garbage
\nproblem during his stay overseas.<\/p>\n
The minister warned the legislature against breaching the law
\non regional autonomy and the government regulation on the
\ndismissal of incumbent officials and the appointment of their
\nsuccessors.<\/p>\n
\"Any violation of the regulations could lead to a
\nmisunderstanding and Sunarto may to file a suit against the
\nlegislature with the Supreme Court or the State Administrative
\nCourt.<\/p>\n
\"Despite the dismissal, Sunarto is still officially the
\nlegitimate mayor. We must respect Sunarto's human, legal and
\npolitical rights, avoid authoritarianism and comply with the
\nexisting regulations,\" he said.<\/p>\n
The main problem in this case is the question of who has the
\nauthority to replace a regent or a mayor if he\/she is deemed
\nincapable of running the administration.<\/p>\n
A reliable source at the Ministry of Home Affairs said that
\naccording to Law No. 22\/1999 on regional autonomy, the home
\nminister had the authority to replace regents and mayors if they
\nwere found incapable of carrying out their duties.<\/p>\n
\"Government regulation No. 108\/2000 stipulates the home
\naffairs minister is allowed to appoint a deputy regent or a
\ndeputy mayor if a regent or a mayor cannot do his\/her daily tasks
\nuntil he is available to resume his daily tasks,\" he said.<\/p>\n
The source said that in the case of the Surabaya mayor, the
\nhome affairs minister has asked Deputy Mayor Bambang D.H. to take
\ncharge when East Java Governor Imam Utomo reported Sunarto's
\nabsence.<\/p>\n
\"The legislature should ask the home affairs minister to
\nappoint a new mayor if Sunarto is considered incapable of
\nperforming his duties as mayor,\" he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/dprd-has-no-authority-to-remove-sunarto-1447893297",
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