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.