After Extra Time, Jokowi’s Presidency Still Not Settled

Jakarta Globe, Camelia Pasandaran & Kennial Laia, Aug 22, 2014

Jakarta Governor Joko Widodo demonstrates his penalty-taking technique in
Pluit, North Jakarta on Aug. 17. (Antara Photo/Wahyu Putro)

Jakarta. If Joko Widodo’s supporters thought that Thursday’s Constitutional Court ruling had removed the final obstacle standing between their man and the State Palace — they had underestimated the ability of Indonesian law to throw in one last Kafkaesque twist.

Home Affairs Minister Gamawan Fauzi urged Joko on Friday to hand in his resignation as Jakarta Governor to the Jakarta Legislative Council (DPRD) at the earliest possible opportunity.

“He should step down, because he should not hold two state official posts. A governor is a state official, so is a president,” Gamawan said, as quoted by the state-run Antara news agency. “His resignation has to be approved by the Jakarta Legislative Council.”

But the DPRD does not have to accept Joko’s resignation, which could mean Joko is unable to take his seat in the State Palace in October.

There is a precedent.

When Fauzi Bowo served as Jakarta governor, his deputy, Prijanto, handed in a letter of resignation in March, 2012, but it was not ratified by the DPRD. Prijanto was forced to continue as deputy governor until Joko won the next election.

Gamawan said Joko required a minimum of 54 councilors voting in favor of his resignation.

“I’ve counted it, Joko’s coalition at the Jakarta DPRD consists of only 50 seats,” Gamawan said. “He needs at least 54 councilors to approve his resignation. I hope there will be no rejection.”

Joko’s coalition at the DPRD consists of, in fact, only 49 seats — this does not include the Democratic Party, which has 10 seats. The Merah Putih coalition led by Great Indonesia Movement (Gerindra) Party controls 47 seats.

Joko said on Friday that he would file his resignation after the new DPRD members were inaugurated on Monday.

“There’s still the inauguration of DPRD members, then the selection process of the DPRD speaker. Let’s wait until the entire process is done,” Joko said, as quoted by Antara on Friday.

Politician Poempida Hidayatulloh, a fired Golkar Party legislator and close aide of vice-president-elect Jusuf Kalla, said that Joko had no option but to reach out to other parties.

“Whether he likes it or not, he should make room to ask other parties to join him,” Poempida said. “There should be a political compromise to reach a deal.”

Refly Harun, a constitutional law expert, criticized Gamawan for his comments and said the potential legal quagmire had to be avoided.

“Even though the DPRD has the authority to reject the resignation, they is no rationality behind it,” he said. “[Joko] has been elected president, I do not think it is logical to use the procedure as a tool for political bargaining. Resignation is the right of a state official.”

“People might think that Joko’s victory could be annulled,” Refly said. “It’s improper for the minister to say that.”

Refly said a DPRD rejection of Joko’s resignation could lead to a power vacuum.

“It’s not only about the regulation and the law, but the ethics in government,” he said. “People should comply with the regulations, but not use the regulations to hamper the greater good.”

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