Ombudsman Questions AG`s Statement on Ahok`s Suspension
20 February 2017 08:06 WIB
TEMPO.CO, Jakarta - Ombudsman of the Republic of Indonesia said the Attorney General Muhammad Prasetyo has gone beyond his authority after making a statement on Jakarta Governor Basuki “Ahok” Tjahaja Purnama’s suspension. Ombudsman commissioner Alamsyah Saragih said that the authority to suspend Ahok is in the hands of the president and home affairs minister. “Not the Attorney General. I think he has gone offside,” Alamsyah said on Saturday in Jakarta.
Prasetyo had earlier said that the decision to suspend Ahok for being a defendant in blasphemy suspect shall await the sentence to be handed down by the judges. His statement was at odds with that of Home Affairs Minister Tjahjo Kumolo who had said that Ahok’s suspension will be decided once the public prosecutors issue their sentencing recommendation. A sentencing recommendation of more than five years will entail Ahok’s suspension until a sentence is imposed.
According to Alamsyah, Prasetyo may issue a comment on the suspension, but only as an input to the home affairs minister and it shall be done a limited forum. “Instead of making an open statement to the public,” he said.
Constitutional law expert at Atma Jaya University Riawan Tjandra said that Ahok’s suspension is only possible after a sentencing recommendation from public prosecutors is issued. Ahok has been charged under article 156 and 156 (a) of the Criminal Code, which carry penalties of 4 and 5 years in jail, respectively. “[Ahok’s] shall be suspended if sentenced to more than 5 years. Permanent dismissal shall be based on an inkracht [legally binding decision],” Ridwan said yesterday.
Another constitutional law expert Bivitri Susanti has expressed her disagreement. According to her, Ahok could have been suspended already after becoming a defendant. She said that the public prosecutors’ sentencing recommendation or judge decision would not be needed to decide on the suspension. He referred to article 83 of Law No. 23/2014 on Regional Government as the legal basis. “Article 1 holds that suspension can be done based on case registration at court,” he said.
MAYA AYU PUSPITASARI | AHMAD FAIZ
