Acting governor Basuki âAhokâ Tjahaja Purnama is maintaining his stance on the dispute surrounding the vacant deputy governor post, insisting that he and not the City Council was authorized to select the deputy governor
cting governor Basuki 'Ahok' Tjahaja Purnama is maintaining his stance on the dispute surrounding the vacant deputy governor post, insisting that he and not the City Council was authorized to select the deputy governor.
'I took the position of governor based on Law No. 32/2004 [on regional administrations], which stipulates that the deputy will replace the regional leader [in case of a change of leadership] until the end of the tenure. That cannot be denied,' Ahok said at City Hall on Monday.
A number of executives of the Gerindra Party, of which Ahok is a former member, have argued that it is the City Council that should propose the candidates for the deputy governorship.
Gerindra and the Indonesia Democratic Party of Struggle (PDI-P) ' which endorsed former governor and President Joko 'Jokowi' Widodo in the 2012 gubernatorial election ' have each insisted on proposing their candidates to fill the position.
Gerindra, citing Article 174 of government regulation in lieu of law (Perppu) No.1/2014 recently issued by former president Susilo Bambang Yudhoyono, has gone as far as to suggest that Ahok is not the legitimate governor, as the article stipulates that if a governor resigns or is dismissed more than 18 months before his or her tenure ends, the deputy remains deputy and the council selects a new governor.
Article 174 of the Perppu states that this mechanism is applied if a governor 'ends tenure or is dismissed from the position based on a court decision'.
Legal bureau chief Sri Rahayu referred to Article 203 of the Perppu, which stipulates that in case of a change of leadership of a regional leader who was selected based on Law No.32/2004 on regional administrations, the deputy automatically replaces the leader until the end of the tenure.
'It means the deputy governor [Ahok] fills the gubernatorial position until October 2017,' she said.
Article 174 further states that the deputy governor is appointed according to the Perppu.
'Basically, the governor can propose the deputy to the president through the [Home Affairs] Ministry while the technicalities are detailed by a government regulation,' Sri explained.
Ahok will be subject to sanctions should he fail to propose a candidate within the required period of time.
It is, however, not yet known when the City Council plans to inaugurate Ahok as the new governor, as it has yet to select commission leaders. The prolonged dispute on the matter between Ahok and the councilors has also led to delays in the process. It is unprecedented in Indonesia that the president-elect is an incumbent regional leader.
When asked whether newly inaugurated Home Minister Tjahjo Kumolo would be able to help solve the dispute, Ahok declined to comment, saying only that Tjahjo was a friend of his.
' JP/Sita W. Dewi
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