President to decide if KPU rejects poll results
JAKARTA (JP): The General Elections Commission (KPU) agreed on Thursday to let President B.J. Habibie have the final say if two- thirds of the commission members decline to ratify the June 7 election results.
The decision was made on Thursday at the commission's plenary meeting presided over by chairman Rudini.
"If rejected, the poll results will be delivered to President Habibie. And it's up to the President to follow up the outcome," Rudini said at the conclusion of the meeting.
He was referring to the 1999 General Election Law, which says the commission will constitutionally render the responsibility to the President if it fails to validate the poll results.
Article eight of the law stipulates that the President is responsible for the whole process of the elections. The KPU was established under a presidential decree to administer the five- yearly political event.
Although Friday is its last day to prepare recommendations on the poll results, commission members, however, are still disputing the mechanism to ratify the results. The election results are slated for announcement on Monday.
Several commission members disagreed with Government Decree No. 33/1999 on Practical Guidelines for the General Election. They said the decree would annul and transfer the commission's authority to ratify the poll results to the official Election Supervisory Committee (Panwaslu).
Article 10 of the 1999 Electoral Law stipulates that the 53 members of the KPU have the authority to ratify and establish the poll results, while the government decree rules that Panwaslu can ratify the results, despite rejection by two-thirds of the KPU members.
In its plenary meeting on Thursday, the commission also decided to issue a political statement regarding the lawfulness of the decree, the content of which will be discussed on Friday.
Earlier on Wednesday evening, a five-member KPU delegation met with Minister of Justice Muladi to discuss the historical background to the establishment of the decree.
Masiga Bugis, who led the KPU delegation to Muladi's residence, told Thursday's plenary meeting that the minister defended the legitimacy of the decree. Muladi said all related parties, including representatives of the KPU, the Indonesian Elections Committee (PPI) and Panwaslu, were present at deliberations for the draft of the decree.
"It's a KPU internal affair, not our problem, if it declines to recognize the government decree," Bugis quoting Muladi as saying.
Muladi's statement secured the support of Andi Mallarangeng, a government representative at the KPU, who said: "There are no procedural flaws in the decree's establishment."
Some KPU members, however, challenged the deliberation mechanism for the draft decree, saying they were unaware of the process until the deadline for ratification of the election results approached.
"We've never been informed about how the deliberation of the draft decree method happened, let alone the results," KPU member Edwin Henawan Sukowati said.
They also questioned KPU deputy chairman Adnan Buyung Nasution's presence at the drafting, saying he did not represent the interests of all KPU members.
Rudini vow
Meanwhile, Rudini reconfirmed on Thursday he would resign from the KPU if it failed to ratify the poll results on Monday.
"I'm a retired general. I'll never break my promise."
Rudini first announced his plan at a KPU plenary meeting on Wednesday.
He, however, agreed that his plan could serve as a stimulus for KPU members to work harder and complete the commission's evaluation on the poll results before the Monday deadline. (imn)