Manado councillors to challenge minister over liquor bylaw

Jongker Rumthe, The Jakarta Post, Manado, North Sulawesi

The Manado legislative council in North Sulawesi will file a judicial review challenging Minister of Home Affairs Hari Sabarno's annulling of a bylaw on liquor sales, councillors have said.

The annulment of Bylaw No. 5/2001 on the circulation of alcoholic drinks would significantly reduce revenue for Manado, the provincial capital, they said.

B. Kalengkongan, who chairs the council's Commission A, did not say when the judicial review would be filed with the Supreme Court in Jakarta.

Two months ago, the minister issued a decree annulling the bylaw after the North Sulawesi provincial administration enacted a similar bylaw regulating the distribution of liquor.

Kalengkongan said there was a legal loophole that made it possible for the council to take such a move to challenge the ministerial decree.

The decree was issued in reference to Law No. 4/1973, while the Manado administration enacted the bylaw based on Law No. 22/1999 on regional autonomy, he said on Monday.

"The 1973 law is no longer relevant in the autonomy era because it was nullified by Law No. 22/1999. It is a legal challenge we can use to prevent a reduction of Manado's revenue.

"If the bylaw is revoked, it will certainly decrease the Manado administration's income because taxes on alcoholic drinks will not go into its coffers," said Kalengkongan, accompanied his deputy Karim Sondokan.

Karim said the planned judicial review has been decided by Commission A during a discussion attended by legal experts, and that the decision was reported to council leaders.

"The plan will be discussed in a plenary session before we file a judicial review against the home minister in Jakarta," he added

Support for the plan came from other councillors, including Commission B chairman Abraham Warauw. "Our commission has provided input to Commission A because the annulment of Bylaw No. 5/2001 has clearly hampered economic activities in Manado."

Abraham said his commission also backed the Manado industry and trade office in continuing to collect distribution fees from liquor businesspeople in the regency as the ministerial decree was yet to be enforced there.