REPUBLIKA.CO.ID, JAKARTA – The Interior Minister Tjahjo Kumolo insisted not to suspend Basuki Tjahaja Purnama (Ahok) as the Jakarta governor after his leave campaign period is over on February 11. He said he still waited the prosecution read on the religious blasphemy case trial. 

The profesor of constitutional law in the Islamic University of Indonesia, Mahfud MD, did not have the same opinion with the minister. The former Chairman of the Constitutional Court argued it was clearly mentioned in Article 83 of Law No. 23 in 2014 on Regional Government, that the regional head stated as defendant should be temporarily suspended when it was penalize for minimum five years. 

“Article 83 verse 1 was clear. A regional head who became a defendant, not became a charged, should be temporarily suspended. There was no other article might deny it,” he said in the office of Corruption Eradication Commission on Thursday.

As information, Article 83 of the Law of Regional Department mentioned that a regional head was temporarily suspended without recommendation from the Regional House of Representatives as charged for doing criminal offense penalize at minimum five years of imprisonment, for corruption, terrorism, treason, and disrupting the national security, and/or other defense to divide the Indonesian country. 

Also read: Minister soon to determine whether Ahok will be reactivated as governor

Now Ahok is being a defendant with indictments on two different articles. Article 156 and article 156a was penalized with minimum four and five years of imprisonment.

Mahfud said the statement of the minister to wait the prosecution read was unreasonable. The indictment was clearly said the penalty of Ahok’s case. "Because the text of the Constitution was clear. Not the prosecution as the minister said. The Minister said to wait for the prosecution. The law stated "defendant", it means indictment. So, there was no other instrument,” said him. 

Mahfud added that the government should revoke the regulation first when he insisted not to temporarily suspend Ahok. When he used the same regulation, then he violated the law. However, when the regulation is revoked, there will be consequences that will be borne by the government. 

“Revoke the article first so it did not violate the law. The President might do it, for example with the subjective right, but he should borne all the political impact of the withdrawal,” he said. 

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