Office of the Months and Mayor, ICW: Risma violates 2 laws

JAKARTA – Indonesia Corruption Watch (ICW) points out that there are two laws that are allegedly violated Tri Rismaharini (Risma) for a double position. Risma is known to have been appointed by President Joko Widodo (Jokowi) to become Minister of Social Affairs (Mensos). At the same time, he is still the mayor of Surabaya.

“There are at least two laws that have been violated with the Risma department,” ICW investigator Egi Primayogha said in a press release on Thursday (12/24/2020).

First, Law No. 23 of 2014 on Local Government. Article 76 letter h of the Local Administration Law strictly contains the prohibition of regional chiefs and deputy regional chiefs from holding duplicate positions as other state officials. (Read it too: Multi-seat ban, these are two directives from the Home Office to the Governor of East Java)

Second, Law No. 39 of 2008 on the Ministries of State. Article 23, letter a, of the Law of the Ministry of State establishes that ministers are prohibited from simultaneously occupying other official positions of the State. In reference to other regulations, namely Article 122 of Law Number 5 of 2014 on Civil Apparatus of the State, the ministers and mayors are called state officials.

“This shows that both as mayor and minister, Risma’s position is against the two laws. The Indonesian president’s decision to allow public officials to hold dual positions is also clearly problematic,” Egi said.

According to him, a legal order cannot be ruled out with the permission of the president, much less verbal permission. The appointment of Risma as minister without leaving the position of mayor can be considered legally defective.

Egi said that the phenomenon of multiple positions did not only occur during the election of a new minister. Previously, the Ombudsman had encountered similar practices at BUMN. Unfortunately, President Joko Widodo did not move. Even this condition was normalized by President Joko Widodo. (Read it too: UGM observer called Risma Wiser to resign as mayor of Surabaya)

“It is important to emphasize that normalizing the practice of concurrent positions is the same as normalizing something that can lead to corrupt behavior. Because multiple positions can potentially lead to conflicts of interest when formulating a policy,” Egi said.

It assessed that the permission granted by the president to Risma to hold concurrent positions had shown more and more permissive practices towards corrupt practices. Furthermore, this decision violates the law and erodes the ethical values ​​of the public living in the society.