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.