Panwaslu rejects Gus Dur's complaint

Panwaslu rejects Gus Dur's complaint

The Jakarta Post, Jakarta

For the second time in a week, former president Abdurrahman "Gus
Dur" Wahid has hit a snag in efforts to revive his chances of
returning to power.

The General Elections Supervisory Committee (Panwaslu)
rejected on Friday a demand to include his name in the roster of
eligible candidates.

Last Saturday, the General Elections Commission (KPU)
disqualified him from the presidential race citing health
reasons.

The committee said that Panwaslu could not heed the demand of
the visually impaired Muslim cleric as it was beyond the
committee's authority to take that decision.

"The authority to include the eligible candidates rests with
the KPU. Panwaslu has no such mandate," committee member Masyhudi
said, quoting Law No. 23/2003 on presidential election.

The committee then referred Gus Dur to the administrative
court to file a suit. "The KPU ruling on the eligibility of
presidential and vice presidential candidates was drawn up by
state officials, it (the case) could, therefore, be a taken up by
the administrative court," he said.

The meeting was presided by committee deputy chairman Saut
Sirait, as chairman Komaruddin Hidayat had left the Panwaslu
office after waiting for Gus Dur's arrival for almost two hours.

The committee, however, said that another KPU ruling which
required a mandatory medical examination for presidential and
vice presidential candidates was not drafted in line with Law No.
23/1992 on health.

Lawyers of Gus Dur have filed complaints with the committee
against KPU Ruling No. 36/2004 on the eligibility of presidential
and vice presidential candidates, which resulted in the
disqualification of the revered cleric.

The commission has declared eligible Democratic Party nominees
Susilo Bambang Yudhoyono and Yusuf Kalla, Golkar Party nominees
Gen. (ret) Wiranto and Solahuddin Wahid, National Mandate Party
nominees Amien Rais and Siswono Yudohusodo, Indonesian Democratic
Party of Struggle nominees Megawati Soekarnoputri and Hasyim
Muzadi, and United Development Party nominees Hamzah Haz and Agum
Gumelar for the direct presidential election.

To resolve the dispute, the committee summoned the KPU for a
tripartite meeting. The KPU declined to attend any meetings to
resolve the dispute, and was adamant in saying that it had no
dispute with Gus Dur.

Differences over ways to handle the dispute have aggravated
conflict between the KPU and Panwaslu.

Despite the committee's rejection, Gus Dur said after the
meeting that he was grateful for what Panwaslu had done. "This is
a historic decision and I am happy for it. This decision has a
positive tone and Panwaslu should be applauded," Gus Dur told
reporters.

Bowing to the committee's recommendation, Gus Dur said that
his defense team would soon file a suit with the administrative
court.

Earlier this week, Gus Dur's defense team filed a civil
lawsuit against three institutions he deemed responsible for
thwarting his presidential bid.

Gus Dur sued the KPU, the Ministry of Health and the
Indonesian Doctors' Association (IDI) for declaring him unfit to
run for public office, seeking a whopping Rp 1 trillion (US$110
million) in nonmaterial damages.

The defense team will also seek a judicial review with the
Supreme Court on the ruling.