President to decide if KPU rejects poll results
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)