Rules on governor accountability are contradictory

JAKARTA (JP): Law experts called for a judicial review of Government Regulation (PP) 108/2000 on a governor's accountability, amid the objections and claims that it contradicts Law No. 22/1999 on regional autonomy.

"I suggest parties who oppose PP 108/2000 propose a judicial review to the Supreme Court to examine the regulation," Constitutional Law professor Jimly Asshidiqie said in a seminar here on Thursday.

Jimly of the University of Indonesia, conceded that there was a strong view that the regulation seemed to contradict the spirit of regional autonomy, which places a governor and provincial council on an equal footing.

Critics have raised concern over PP 108/2000, particularly in articles which allow the central government to overrule a provincial council, should it reject the accountability report of a governor.

Another point in PP 108/2000 felt to impede regional autonomy is that it over-regulates the mechanisms on such a rejection.

Jimly pointed out that the regional autonomy law actually asserts that provincial administrations are no longer an extension or part of the hierarchy of the central government.

Despite this point, Jimly also pointed out that PP 108 was not in violation of Article 18 of the 1945 Constitution, which stipulates that regional administrations are in a hierarchical relationship with the Central Government.

"For the time being, PP 108/2000 is still valid, the councils cannot reject it until the Supreme Court decides on it," Jimly said in a compromise statement.

Jimly also noted that recently there was a fear of collusion, should the power of the council become unwieldy.

He said the governor, under threat of impeachment, could use the economic resources he has at his disposal to pacify council members.

"Money politics could emerge" he said.

Jakarta Governor Sutiyoso is due to present his accountability speech on March 30.

If it rejected, he would be given one month to reply.

Meanwhile, the director of State Supervision at the Ministry of Home Affairs and Regional Autonomy, Dody Riyatmadji, insisted that the government would not revoke the regulation.

"How can we revoke it since it hasn't yet been applied. We'd better try it first," Dody said in the seminar.

He agreed with Jimly's view that the regulation is aimed at allowing the council to reject the governor's accountability report without proper consideration of it.

A participant in the seminar, Azwar Abas, a former councillor from the United Development Party, however insisted that the regulation "robbed" the council of its rights.

"Our party plans to file a lawsuit against the regulation, demanding the Supreme Court review it," Azwar said.

Another speaker at the seminar, Mohammad Sobari, countered, saying that Azwar was just among those who merely wanted to topple the Governor without objectively reviewing his accountability.

"Rejecting or accepting the accountability report should be better based on common sense, fairness and the public interest," said Sobari, who is chief of Antara news agency. (jun)