Gus Dur sues KPU, govt and doctors

Gus Dur sues KPU, govt and doctors

M. Taufiqurrahman, Jakarta

Abdurrahman "Gus Dur" Wahid filed on Monday a civil suit against
three institutions he deems responsible for disqualifying him
from the July 5 direct presidential election.

A legal team of the former president and revered cleric filed
the lawsuit on his behalf at the Central Jakarta District Court
against members of the General Elections Commission (KPU), the
Ministry of Health and the Indonesian Doctors Association (IDI)
for a whopping Rp 1 trillion (US$110 million) in nonmaterial
damages.

Gus Dur's legal team said the KPU's decision to disqualify Gus
Dur from the presidential race upon the results of a health
examination conducted by a team of doctors from Gatot Subroto
Army Hospital, was in direct violation of Law No. 23/1992 on
health.

Lawyer Ikhsan Abdullah said a health examination was not
adequate to gauge whether or not someone could be declared
physically fit to run for the presidency. "The law clearly
stipulates that no examination is necessary to determine one's
health condition," Ikhsan said.

The health examination criteria for presidential candidates
were jointly drawn up by the KPU and the IDI.

Ikhsan also said KPU Regulation No. 36/2004 on qualifying
candidates was discriminatory and constituted a violation of
human rights. "We will also seek a judicial review by the Supreme
Court on the ruling," he said, adding that the team would file a
petition for the review on Tuesday.

When asked why the health ministry was included in the suit,
he said the ministry was responsible for authorizing the
cooperation between the KPU and the IDI.

In a departure from his usual open manner, Gus Dur declined to
comment on the move. Immediately after handing the suit to the
court bailiff, he was rushed to an awaiting van that took him to
the headquarters of Muslim organization Nahdlatul Ulama (NU) in
Matraman, Central Jakarta.

The KPU declared on Sunday the five pairings that had
qualified for the presidential race, excluding Gus Dur and
running mate Marwah Daud Ibrahim, who were nominated by the
National Awakening Party (PKB).

The five deemed fit to contest the election are: Susilo
Bambang Yudhoyono and Jusuf Kalla under the Democratic Party
banner, Gen. (ret) Wiranto and Solahuddin Wahid under the Golkar
Party, incumbent President Megawati Soekarnoputri and Hasyim
Muzadi under the Indonesian Democratic Party of Struggle (PDI-P),
Amien Rais and Siswono Yudohusodo under the National Mandate
Party (PAN) and incumbent Vice President Hamzah Haz and Lt. Gen.
(ret) Agum Gumelar under the United Development Party (PPP).

KPU deputy chairman Ramlan Surbakti hailed Gus Dur's legal
move, saying it was better than calling on his supporters to take
to the streets and resorting to violence.

"The KPU will not obstruct the move, because all disputes
should be resolved through a legal process," he said.

Separately, Wiranto's running mate and former human rights
activist Solahuddin Wahid, who is Gus Dur's brother, said that
PKB should fulfill its promise to support the Golkar candidates
following Gus Dur's disqualification.

PKB leaders and a group of NU clerics agreed in their meeting
in Tuban, East Java earlier this month to support the duo of
Wiranto-Solahuddin if Gus Dur was disqualified.

Solahuddin, currently on a two-day tour to visit clerics of
NU-affiliated Islamic boarding schools, was quoted by Antara as
saying in Semarang, Central Java, that he would utilize the
political network of the PKB and Golkar.