Governor's team justifies dismissal of Surabaya mayor

Ainur R. Sophiaan, The Jakarta Post, Surabaya

Controversy surrounding January's dismissal of Surabaya Mayor Sunarto Sumoprawiro by the local legislative council is expected to end soon after a special team investigating the high-profile case defended the decision as legitimate.

The team said the move to dismiss the mayor for having been absent from three months from his duties for medical reasons was justifiable "legally, politically and medically".

"Based on the results of field investigation and examination, we conclude that the council's decision made through Decree No. 1/2002 is legally sound," team member Suwoto Mulyosudarmo said on Wednesday in Surabaya, East Java.

"The council used Law No. 22/1999 on regional governance, and Bylaw No. 108/2000 on the accountability of a regional head (in making the decision)," added the noted constitutional law expert.

The six-member team led by Soetandyo Wignyosubroto was established by East Java Governor Imam Utomo on the instructions of Minister of Home Affairs Hari Sabarno to clarify the controversial dismissal.

Hari rejected the dismissal, claiming legislative councils could not dismiss governors, mayors or regents, although they are permitted to do so under the Regional Autonomy Law.

The minister continued to recognize Sunarto as the Surabaya mayor and instructed the governor to form an investigative team.

Members of the team, set up later in January, also included political scientist Aribowo and health expert Abdus Syukur. Thursday was the deadline for them to present their findings and recommendations.

The Surabaya Legislative Council voted on Jan. 15 to dismiss Sunarto and appoint his deputy Bambang D.H. as the new mayor.

Some 31 out of 45 legislators who attended the legislature's plenary session, voted for Sunarto's dismissal, while 12 opposed and two abstained.

Most factions in the council were of the same opinion that Sunarto was no longer fit to do his job because of ill health, as stipulated by Law No. 22/1999 on regional autonomy.

The legislature had proposed Sunarto be fired for his three month absence starting last October.

Many local residents aired grievances over Sunarto's leadership as he had abandoned his duties when hundreds of tons of garbage was left at temporary dump sites across the city during October and November last year.

The mayor was in Melbourne for medical treatment when the garbage problem was mounting. He claimed to have asked for permission to undergo treatment overseas.

Suwoto further said the team had gathered feedback from the local people on his dismissal to back up its conclusion.

Asked if the home minister would still oppose Sunarto's removal despite the recommendations of the team, he said it was outside the responsibility of investigators.

"We have weighed all legal, medical and political considerations correctly. It's up to the government whether it will use them or not," added Suwoto, a senior lecturer at Surabaya's Airlangga University.

He also admitted that the establishment of the team was actually irrelevant in the settlement of such a leadership dispute, arguing that based on the Regional Autonomy Law, the President should have just endorsed the decision by the Surabaya council and had no right to cancel it.

"The setting up of the team could even decrease the credibility of Megawati's government," Suwoto added.