TEMPO.CO, Jakarta - Professor at the Faculty of Law of Muhammadiyah University Jakarta Syaiful Bakhri said that the appeal made by Jakarta Governor Basuki ‘Ahok’ Tjahaja Purnama to the Constitutional Court (MK) related to the leave permission for incumbents has no legal grounds. “To take a leave for incumbents while conducting a campaign is a must to minimize the potential for corruption,” Syaiful said while acting as a key witness in the Constitutional Court trial on Wednesday, October 19, 2016.
Syaiful disagrees with Ahok’s suggestion to the court on canceling the obligation for an incumbent candidate to take a leave upon campaigning for the second round of elections. It is feared that the incumbent candidates would abuse their authority as regional heads if they continue to work during the campaign period since it will create the potential for corruption, he added.
Based on the reason, he believes that Article 70 (10) of 2016 on the Governor, Regent, and Mayor Elections can restrain the authority misuse with the obligation for the incumbent candidates to take a leave. Syaiful even said that the clause is much lighter than the requirements in Article 12 of 2008 on Regional Government that requires the candidate to step down from their current position as regional heads.
Syaiful claimed that incumbents could potentially misuse the state facilities for the use of their own campaign. And lastly, there is a chance that money politics could play a part in the campaign; usually, incumbent candidates would conduct money politics up to the lowest level. “That will not create a clean government,” he said.
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