East Java governor to remain neutral over mayor's dismissal

Ainur R. Sophiaan, The Jakarta Post, Surabaya

Aware of his neutral position, East Java Governor Imam Utomo said he would immediately set up an independent team to study the recent dismissal, by Surabaya legislative council, of Mayor Sunarto Sumaprawiro, in line with a verbal instruction he received from Minister of Home Affairs Hari Sabarno.

Speaking to the media here on Friday he had no other choice than to comply with the central government's instruction to set up the team as soon as he had received a written official order.

"I received a verbal instruction from the home affairs minister during the recent meeting of governors and regents in Jakarta a few days ago, asking me to set up an independent team to study whether Sunarto's dismissal was in accordance with the constitution or not," he said.

Imam was given the order after he handed over the legislative council's report on its decision to dismiss the mayor. Beforehand, the government had not interfered in the legislature's internal affairs and let it determine the ailing mayor's fate.

In line with regional autonomy, Imam, in his capacity as governor, has played the role of bridging between the central government and the mayoralty administration.

The dismissal of Sunarto has been controversial. The home affairs minister rejected the legislature's decision, saying that, based on regional autonomy and Government regulation No. 108/2001 on regional administration, the legislature had no authority to dismiss the mayor, while the legislature, which gained support from experts, defended its decision.

The legislature dismissed the mayor in its plenary session on Jan. 16, 2002 with the reason that the mayor was considered unable physically to carry out his daily tasks. The mayor was absent in the city while he underwent intensive medication in Melbourne, Australia, from Oct. 2001 to Jan. 14, 2002.

The government had taken the authority to solve the serious garbage problem when the mayor was still overseas.

According to Imam, the independent team would comprise political, legal and health experts. He declined to name the experts that would be included in the team.

Asked to comment on the increasing criticism of the central government's "undemocratic" reaction, Imam said both legislators and observers had observed the case from one perspective only.

"The team is expected to study the case from various points of view. The mayor's dismissal may gain support from political experts but draw opposition from health and constitutional law experts," he said.

Imam reiterated that the government's official stance would depend on the recommendation the team would give after investigating the case.

Meanwhile, Suwoto Mulyosudarmo, a constitutional law expert from Airlangga University, said the central government could use Government Regulation No. 108/2002 as the legal basis for setting up the independent team because the mayor was not dismissed when he was making an accountability report.

"The central government should use Government Regulation No. 151/2000 on the appointment of local officials and their dismissal which allows the government to set up an independent commission to assess all decisions made by provincial and regency legislatures," he said.