All public officials should be dismissible
The majority of the Surabaya Provincial Legislative Council (DPRD) has voted to dismiss Surabaya Mayor Sunarto Sumoprawiro. The decision to dismiss Sunarto from the mayoralty post was taken following a tough debate in a council meeting.
Pursuant to the law, the council's decision needs ratification by the President. Irrespective of whether the DPRD's decision is wrong or right, the step suggests that a public official can be relieved of his or her post as long as it is allowed by law.
However, political observer Andi Malarangeng said the prerequisite parameters are not formulated in detail in the law. Prerequisites for the dismissal of a regional administration head in connection with his or her performance should be appropriately formulated since this factor can be very subjective.
For example, if the majority of DPRD members conspire against a regional administration head or a mayor, they can use provisions with subjective nuances as a means of relieving that public official of his or her position.
Ideally, all forms of violations to be used as the reasons for the dismissal of a regional administration head or a mayor should be tested in court so as to eliminate subjective elements. We can compare this step to the impeachment of public officials in a number of countries. Impeachment is a political process, which refers to the law.
This step reminds us of the effort to oust Abdurrahman Wahid from presidency by referring to the 1945 Constitution, which could be interpreted as a political step instead of a legal measure.
-- Suara Karya, Jakarta