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Ahok’s Status: Mahfud MD disagree with Minister of Home Affairs

MuslimsPost.Com |  The Ministry of Home Affairs insisted not postpone Basuki Tjahaja Purnama (Ahok) as governor of Jakarta after the last campaign period on February 11.

He is still waiting for the prosecution in a case of blasphemy by Basuki Tjahaja Purnama (Ahok), The Minister of Home Affairs said.

Mahfud MD as a Constitutional Law Expert disagrees with The Ministry of Home Affairs about status. Because, according to him, Article 83 No. 23 of 2014 on Regional Government is clear (Regional Government Law), the regional head who became the defendant will be suspended if his/her penalty is minimum five-years.

"Article 83 paragraph 1 that's obvious, a local chief who became the defendant will be suspended. There are no other articles that could deny it," Mahfud said at the KPK building on Thursday (9/2) night.

Article 83 on Local Government Law says that the local chief’s suspended without going through the proposal of Parliament (DPRD) since been charged with a criminal offense punishable by imprisonment for a minimum of five years, corruption, terrorism, treason, an offense against the security of the state, and / or other actions that may divide the Unitary of Indonesia.

Ahok has been designated as defendant now, on charges of two different chapters of Article 156 or Article 156a with a threat four and five years.

According to Mahfud, the reason that used by The Ministry of Home Affairs have to wait for those demands was unwarranted. Because it is clear enough about the criminal threats for Ahok.

"Because the sound’s law is clear, didn’t as the demands as stated by Minister of Internal Affairs, Ministry of Home Affairs said they wait for prosecution. The defendant has same meaning the indictment. So there are no other legal instruments," he said.

Furthermore, Mahfud said that the government should revoke these rules if the government insisted does not suspend Ahok. The interior minister's decision is a violation of the provisions if the rules are still same, but, if the rule is revoked will be consequences that must pay the Government relate to the policy.

"Yes, first the government must revoke that article so it does not violate the law. The President may repeal with his subjective rights, as long as he has a willing to bear all consequences of the repeal of that article," he said.

Editor: Rendy Septian

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