Law says Syamsul can stay on KPU despite incarceration

The Jakarta Post ,  Jakarta   |  Mon, 11/05/2007 5:08 PM

Adianto P. Simamora, The Jakarta Pots, Jakarta

Despite his current detention in Malang's main jail for graft charges, newly elected KPU member Syamsul Bahri may still have the legal right to fulfill his position on the national commission responsible for running the 2009 elections.

University of Indonesia legal expert Rudi Satrio said, ""As long as there is no final court ruling, Syamsul has the right to become member of the KPU"".

""Naming him as suspect can not be used to drop Syamsul from the commission,"" Rudi said.

But Danang Widoyoko, deputy coordinator of the Indonesian Corruption Watch (ICW), and political observer Andrinof Chaniago from the University of Indonesia, said ""it would be better"" to drop Syamsul from the General Election Commission (KPU) ""to ensure the works of the commission in preparing the general elections"".

Danang said, ""I think, it is impossible to wait until the court issues a final ruling (because this) could take between three and four years"".

""In addition, with his status as (a) suspect, Syamsul would not be able to concentrate (on KPU operations).

""He would (be more focused on his case) and the legal process,"" he said.

But Rudi said Symsul's legal right to take up his new position with the KPU applied to all suspects in any legal trial.

Rudi said Syamsul's current incarceration should not disrupt his status with the KPU.

""As a human being, Syamsul is not guilty yet ... it will violate the law if the government replaces him now ... let's wait for the legal process,"" Rudi said.

The Malang Prosecutor's Office detained Syamsul at Lowokwaru Penitentiary in Malang on Friday over the development of a sugar industrial complex project in Malang.

Andrinof said he had asked the government to drop Syamsul from the KPU because the commission's responsibilities to prepare for the 2009 legislative and presidential elections would be more demanding than ever before.

""For the sake of public interest and the success of the 2009 elections ... it is better to name a new KPU member to substitute Syamsul,"" Andrinof said.

""The KPU membership must also be odd in numbers ... to ensure fair decisions in their meetings.""

He said Saut Hamonangan Sirait was ranked eight in suitable KPU candidates and would be next in line for a position on the commission.

Syamsul's lawyer Robikin Emhas said his client should be released under an agreement signed by his lawyers and the Rector of Malang-based Brawijaya University, where Syamsul is employed.

""The arrest is unreasonable ... my client is not guilty and many have guaranteed that, including the rector,"" Robikin said Friday.

Syamsul reportedly refused to sign his detention letter.

House of Representatives Speaker Agung Laksono has also called on the government to drop Syamsul from the list of KPU members and let the House seek his replacement.

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