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.