Legal matters hinders move to suspend KPU chief

Legal matters hinders move to suspend KPU chief

Muninggar Sri Saraswati and Tony Hotland, The Jakarta Post,Jakarta

Legal loopholes in the election law have prevented the government
and the House of Representatives from immediately suspending
General Elections Commission (KPU) chairman Nazaruddin Syamsuddin
and member Mulyana W. Kusumah, who have both been detained on
corruption charges.

"There is legal problem with this case. Neither the president
nor the House can suspend KPU members because it is not regulated
by the law," State Secretary Yusril Ihza Mahendra said on Monday.

He explained that Law No. 13/2003 on general elections only
contained articles concerning the appointment and dismissal or
resignation of KPU members.

Yusril was speaking at a news conference along with Corruption
Eradication Commission (KPK) chairman Taufikurrahman Ruki and his
deputy Amien Sunaryadi after meeting President Susilo Bambang
Yudhoyono.

Ruki and Amien presented the President with a letter
requesting that he along with the House make Nazaruddin and
Mulyana "non-active" while they face intensive investigation by
the KPK.

Law No. 30/2004 gives the KPK power to order the President to
suspend officials who have been named as graft suspects, a move
required to so that investigations are not hampered.

Many House members have indicated their support for calls to
suspend the two KPU officials who are charged with corruption.

Yusril said the President may issue a government regulation in
lieu of law in order for him to suspend Nazaruddin and Mulyana
from the national elections body.

"That's the most reasonable alternative to settle this legal
problem because it will take time to amend the prevailing
election law," he added.

Yusril gave an assurance that the President was committed to
combating endemic corruption, saying that suspension of state
officials named graft suspects is a "must".

"The President has approved the suspension of (acting KPU
secretary general) Sussongko Suhardjo and (treasurer) Hamdani
Amin," he said.

The suspension of Sussongko and Hamdani, both suspects in the
same case, had been ordered by the KPK through the Minister of
Home Affairs M. Ma'ruf who appointed the two.

In response, Nazaruddin said separately that he would leave
the issue of his possible suspension to the President and the
House.

Following the arrest of the two, lawmakers have also unveiled
a plan to replace all KPU members before the end of their four-
year term in 2006, as the corruption case has tainted their
credibility.

Yusril said the President could only name new KPU candidates
who had to then be approved by the House.

With the President leaving the country from May 24 to June 3
for overseas visits, Vice President Jusuf Kalla is set to lead
the government during meetings with the House on the matter.

Separately, legislators said the government could immediately
issue a regulation in lieu of law to select candidates as new KPU
members and replace the current ones.

Untung Wahono, the Prosperous Justice Party (PKS) faction
chairman, said that it was likely that all KPU members would be
implicated and declared suspects, which could impair the
commission's work.

He said the President might consult with the House on whether
to issue a regulation in lieu of law, or to amend the law on
general elections, but said that the former option was more
feasible in the current situation.

A similar sentiment was also expressed by chairman of the
National Mandate Party (PAN) faction Abdillah Toha, who said the
current situation at the KPU was not conducive for its members to
continue their work.

"The government should quickly issue a regulation in lieu of
law because this is an emergency. I imagine that (the remaining
KPU members) are preoccupied every day trying to evade the law.
How are they going to work now?" he said.

Meanwhile, Vice President Jusuf Kalla said the government
would not hesitate to suspend former KPU member and current
justice minister Hamid Awaluddin if they were declared suspects
in the case.

However, Kalla insisted that there was no need now to replace
Hamid, his close ally formerly known as a legal expert from
Makassar, South Sulawesi.

"Suspension does not mean replacement because an ad interim
minister could replace him," added Kalla.

He asserted that should Hamid be found not guilty, the
minister should be reinstated to his position.