DPRD 'has no authority to remove Sunarto'

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.