Habibie, KPU still at odds over ministers

JAKARTA (JP): President B.J. Habibie and the General Elections Commission (KPU) are still at loggerheads over the question of Cabinet ministers participating in election campaigns.

On Monday, Habibie's position was boosted by the Supreme Court's ruling on Friday that the head of state would have the final say in the matter.

However, the commission ignored the announcement and endorsed the code of conduct for election campaigning, in which political parties are barred from using ministers and other government officials in their campaigns.

Coordinating Minister for Political and Security Affairs Gen. (ret) Feisal Tanjung, in his capacity as acting minister of home affairs, read out the March 26 letter from Chief Justice Sarwata giving the Supreme Court's "opinion". It is, however, not the fatwa (edict) which the government asked for but merely the court's "legal opinion".

According to the letter, addressed to the minister of home affairs, the commission has no legal right to regulate the role of ministers and other state officials as the President's aides.

"The Supreme Court, in regard to your question, is of the opinion that the final decision remains with the President, who is in charge of the elections," as ruled by a decree of the People's Consultative Assembly.

The law on general elections also rules that the President is in charge of the elections.

Sarwata said that members of the commission should be not only barred from campaigning, but also from being elected to the House of Representatives.

"The membership term of the commission is for five years and will expire one year before the general election in 2004, therefore commission members cannot be nominated for the legislative body," Sarwata said.

Minister of Justice Muladi said the President would soon issue a government regulation on whether Cabinet members and government officials would be allowed to campaign.

"We do appreciate the KPU's decision, but it is better to rule it in a government regulation," Muladi said.

The endorsed Code of Conduct on election campaigning states that political parties are banned from involving state officials, members of the military and civil servants in campaigns. The officials were further defined as: "The chairman and members of the Supreme Audit Agency; the chief justice, deputies ... and justices of the Supreme Court; the chairman and members of the Supreme Advisory Council; ministers; and all officials, civil servants and Armed Forces members, governors, deputy governors, regents, deputy regents, mayors and deputy mayors.

The commission had earlier ruled that its members would be allowed to campaign and that they would also be able to run for seats in the legislature.

This drew criticism that the commission had double standards, as it had allowed its members to campaign while effectively banning ministers from campaigning.

Muladi also denied that Habibie had met with Sarwata and commission chairman Rudini, as reported by The Jakarta Post last week. "It was the minister of home affairs who sent a letter to the Supreme Court," Muladi said. "In the name of God," there was no such meeting, he added.

Chairman of the General Election Commission Rudini reiterated on Monday that his commission has the authority to issue a campaign ruling for parties contending the elections.

"KPU has not barred ministers (from campaigning), but political parties from recruiting government officials, including ministers, to campaign in the elections," he said.

He said it was the President's prerogative to take measures regarding his ministers and officials and all issues relating to ministerial tasks.

"But I think campaign matters have nothing to do with ministerial functions and it is KPU's authority to take measures, including the barring (of parties using officials to campaign) to make the elections free and fair," Rudini said.

He added that the election commission made the decision after hearing "people's aspirations" as presented by political parties.

Many have raised fears of a likely repeat of previous election practices, in which officials used state facilities to campaign for their own parties. Most state officials, including ministers, are executives of the ruling Golkar party.

The election commission voted in favor of the prohibition of all government officials, including ministers, from campaigning in the elections.

The campaign period has been changed to May 19 through June 4, from the original period of May 15 through June 4.

Rudini had few comments on the Supreme Court's "legal opinion" because the commission had not received a copy.

"I would have read the court's legal opinion in the plenary session if it had reached the commission," he said.

When shown a copy of the letter, Rudini said it did not contradict the commission's Code of Conduct on election campaigns.

"And you should bear in mind that it is not a fatwa (ruling), that must be complied with, but a legal opinion, which is not binding. We are free to take it into consideration, or not, in making our decision," he told the press. (prb/rms)