REPUBLIKA.CO.ID, JAKARTA – The Interior Minister Tjahjo Kumolo said he would immediately presented the decision related to the status of inactive Jakarta Governon Basuki Tjahaja Purnama (Ahok) to President Joko Widodo. He said he did not want to be reckless in making the decision. "We would be responsible to the President due to our decision on Ahok status, according to the rules,” said Tjahjo in Jakarta on Friday.
According to him, the ministry remained to apply the principle of presumption of innocence. Unless the person was being the target of caught red handed operation or being detained, the principles were prioritized.
Being confirmed in a different place, the Head of Law Bureau in the Ministry of Domestic Affairs Widodo Sigit Pudjianto said he waited for the indictments from the public prosecutors. The ministry remained to refer to Article 83 of Law No. 23 in 2014 about regional government.
However, said Widodo, Ahok was being a defendant of with indictments on two articles of criminal code. One would be penalized with minimum four years of imprisonment, and the other would be minimum five years.
Therefore, the minister waited for the judges’ decision on which articles would be used. "We did not want to be reckless in making the decision to temporarily suspend Ahok, because there might be a counterclaim,” he said.
Widodo added that the suspension of a governor should be conducted through a series of mechanism. The minister should make a report to the president that there would be a suspension. “If until February 11, at the end of Ahok's leave campaign period, there is no certainty on how long Ahok is penalized, the minister could not suspend him as Jakarta Governor,” said him.
Meanwhile, an expert on constitutional law, Asep Warlan, said Basuki Tjahaja Purnama (Ahok) should be suspended on doing his service as Jakarta governor. When looking at the law of regional government, a regional head who became a defendant should be temporarily suspended. “But the Minister must have interpret it as if there should be a decision. In my opinion, the regulation stated "the defendant", not an in cracht. For example Ratu Atut (former Banten governor), suspended when she became a suspect, and so do Ojang Sohandi (former Subang regent),” said Asep on Friday.
Therefore, the temporary suspension was not focus on the case, but on the status as a defendant and the indictment. So do the arrest of a suspect. When the penalty was more than five years of imprisonment, the suspect must be detained. “Ahok was charged by using two articles; four years and five years. It was ruined the article, which article was used?” he said.
Asep said the final decision would be depend on the judges to choose the article used. He said the minister used two aspects. Firstly, in the election period, a regional head might not be suspended, so that the development process would not stop. Secondly, the minister waited for the verdict to make decision.
“This was not fair, discriminative. Look at on Atut in Banten, and Subang. They had not been convicted, but they were suspended. So this country was depending on the rulers. I hope, a pressure from the public, the minister would treat Ahok equally with the other,” he said.