DPD Member: Gibran Has Only Two Options
Palangka Raya (ANTARA) – Regional Representative Council (DPD RI) member Teras Narang said Vice-President Gibran Rakabuming Raka had only two options in responding to Constitutional Court and Supreme Court rulings concerning his education documents: resign or face removal through the constitutional process.
“In my view, there are only two choices: resign or be removed through the constitutional mechanism,” Teras Narang said in a telephone interview from Palangka Raya on Wednesday.
The former governor of Central Kalimantan, who served two terms from 2005 to 2010 and 2010 to 2015, said the two judicial bodies had issued rulings within their respective authorities.
Constitutional Court (MK) decisions are final and binding, while Supreme Court (MA) decisions that have acquired permanent legal force must also be respected and implemented in accordance with the law.
He said that if Gibran chose to resign as vice-president, the process for filling the vacancy would follow Article 8(2) of the 1945 Constitution. It stipulates that the People’s Consultative Assembly (MPR) must convene a session within 60 days to elect a vice-president from two candidates nominated by the president.
“Conversely, if Gibran does not resign, the removal process can be pursued under Articles 7A and 7B of the 1945 Constitution,” Teras said.
Article 7A provides that the president and/or vice-president may be removed from office during their term by the MPR, on a proposal from the House of Representatives (DPR), if found to have committed a legal violation such as treason, corruption, bribery, another serious criminal offence or an act of disgraceful conduct.
Removal may also take place if the president and/or vice-president is found no longer to meet the requirements for holding the office.
Article 7B sets out the stages of removal, which must pass through the DPR and the Constitutional Court before a decision is made by the MPR. The DPR must first submit its opinion on the alleged violation or failure to meet the office’s requirements to the Constitutional Court for examination, adjudication and a ruling.
The request to the Constitutional Court must be supported by at least two-thirds of DPR members present at a plenary session attended by at least two-thirds of all DPR members. The court must then examine and decide on the opinion within 90 days of receiving the request.
“If the Constitutional Court rules that the president and/or vice-president has committed a violation as referred to in Article 7A, or no longer meets the requirements for office, the DPR may forward a proposal for removal to the MPR,” he said.
Teras Narang, who was a member of the DPR from 1999 to 2004 and again from 2004 to 2005, said the MPR would then have to convene a session no later than 30 days after receiving the proposal. A removal decision must be taken at a plenary session attended by at least three-quarters of MPR members and approved by at least two-thirds of those present, after the president and/or vice-president has been given the opportunity to explain their position.
“Matters concerning state office must be resolved in accordance with the law and the Constitution, while respecting the authority of each state institution,” Teras said.