DPRD 'has no authority to remove Sunarto'

Ridwan Max Sijabat, The Jakarta Post, Jakarta

The central government is still waiting for the Surabaya Legislative Council's report on its recent decision to remove Surabaya Mayor Sunarto Sumaprawiro from office and to appoint Deputy Mayor Bambang Dwi Hartono in his place.

Minister of Home Affairs Hari Sabarno said the Surabaya legislature should have reported its decision to gain the central government's approval, as only the president and the home affairs minister was authorized by law to replace governors, regents and mayors.

"So far, we have not received the report. The legislative council must accept the legal consequences if they take their own decision in accordance with their own internal regulations," he said prior to a meeting led by coordinating minister for political and security affairs here on Tuesday.

Hari added that the central government has not yet given an official response to the decision to dismiss the mayor as they are waiting for the legislature's report.

Sunarto's removal has raised controversy since the Surabaya legislature claims its decision is legitimate and final while the home minister has rejected it.

Sunarto was dismissed by the legislature in its plenary session early last week as he was considered no longer capable of carrying out his daily tasks. The dismissal was the climax of the legislature's disappointment with the mayor who has been absent for four months while undergoing treatment in a hospital in Melbourne, Australia. The city had been facing a serious garbage problem during his stay overseas.

The minister warned the legislature against breaching the law on regional autonomy and the government regulation on the dismissal of incumbent officials and the appointment of their successors.

"Any violation of the regulations could lead to a misunderstanding and Sunarto may to file a suit against the legislature with the Supreme Court or the State Administrative Court.

"Despite the dismissal, Sunarto is still officially the legitimate mayor. We must respect Sunarto's human, legal and political rights, avoid authoritarianism and comply with the existing regulations," he said.

The main problem in this case is the question of who has the authority to replace a regent or a mayor if he/she is deemed incapable of running the administration.

A reliable source at the Ministry of Home Affairs said that according to Law No. 22/1999 on regional autonomy, the home minister had the authority to replace regents and mayors if they were found incapable of carrying out their duties.

"Government regulation No. 108/2000 stipulates the home affairs minister is allowed to appoint a deputy regent or a deputy mayor if a regent or a mayor cannot do his/her daily tasks until he is available to resume his daily tasks," he said.

The source said that in the case of the Surabaya mayor, the home affairs minister has asked Deputy Mayor Bambang D.H. to take charge when East Java Governor Imam Utomo reported Sunarto's absence.

"The legislature should ask the home affairs minister to appoint a new mayor if Sunarto is considered incapable of performing his duties as mayor," he said.