Rift widens over N. Maluku gubernatorial election

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

A dispute over the validity of the North Maluku gubernatorial election signaled a deepening rift between the Supreme Court and President Megawati Soekarnoputri's government.

The government and the Supreme Court differ sharply over the bribery case surrounding the election of Abdul Gafur, a Golkar Party member and New Order (Soeharto regime) stalwart. The election, which was held on July 5, was annulled by the local council in September.

Shortly after the central government decided on Sept. 28 to recognize the annulment, the Supreme Court declared that the election was in fact legitimate and that Gafur should be sworn in as governor.

Minister of Home Affairs Hari Sabarno said on Thursday that the President had the final say on the issue because governors are the central government's representative in each province.

"A gubernatorial post is a political post... of course the President has the authority in deciding the matters," Hari told journalists.

The supreme court decision, he said, fulfilled the legal aspects of the appointment but the larger issue is that this particular case relates to central governmental administration and authority.

"For that reason the President has the right to support the annulment," Hari said.

The North Maluku Provincial Council's annulment of the election was based on Gafur's alleged involvement in bribery during the election. The council also made it clear that it had firm evidence of the bribery after two council members confessed to working with Gafur while carrying out corrupt activities.

The council is currently preparing a new election before the end of this year.

The central government, which set up a team to probe the case, had announced that there was alleged bribery in the election. Gafur himself admitted that he had indeed dispensed some money but he refused to call it a bribe.

This is not the first time that the government had expressed concern over a Supreme Court decision.

The first controversial decision taken by the highest judicial body was when it overturned a previous ruling and exonerated former president Soeharto's son Hutomo "Tommy" Mandala Putra early last month.

Tommy, who was involved in a major corruption case, was also a key Golkar player.

Former president Abdurrahman Wahid during his tenure had refused to inaugurate Bagir Manan, the current chief justice, claiming that he was too closely connected to the New Order regime and Golkar.