REPUBLIKA.CO.ID, JAKARTA -- Observer on the constitutional law, Margarito Kamis, questioned the Minister of Domestic Tjahjo Kumolo Affairs who stated that the deactivation of inactive Jakarta Governor Basuki Tjahaja Purnama or Ahok would be conducted after the reading of prosecution. He considered the statement was very absurd.

Margarito asked the Minister and President Joko Widodo not to violate the law by reactivating the governor. He said the government should read the Article 83 paragraph 1 and 2. Based on it, in the jurisprudence, the word 'prosecution' had two different meaning. 

"The basis was Article 83 paragraph 1 of the Law No. 23, not the prosecution. But, he had been a defendant with certain indictment and criminal threat," told him to Republika.co.id on Wednesday.

Margarito reiterated it was not depend on the prosecution as  tated by the Minister of the Domestic Affairs. He said the minister should understand that the word criminal threat refered to the article mentioned in the constitution, not the penalties. 

Margarito asserted that it was embarassing for the minister to impose such legal logic. He also asked who gave the input with that legal logic. 

Article 83 paragraph 1 of Law Number 23 Year 2014 on Regional Government shall read "regional head and/or deputy regional head was suspended without going through the proposal of Parliament since he/she was being charged with a criminal offense punishable by imprisonment for a minimum of 5 (five) years, an offense of corruption, terrorism, plot, and an offense against the state security system, and/or other actions that could divide the Unitary Republic of Indonesia. 

In paragraph 2 it was mentioned, "The regional head and/or the deputy regional head who became a defendant referred to subsection (1) suspended by the register of the court."

Ahok's leave campaign will be over on Saturday (Feb 11). The Minister has to decide Ahok's status as inactive governor of Jakarta, whether reactivating or deactivating him regarding Ahok's status as defendant of religious blasphemy case. Ahok was charged with Article 156a with a maximum of five years imprisonment and article 156 of the Criminal Code with maximum four years imprisonment.

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