Law Expert: Not Easy to Dethrone Ahok

A Constitutional Law Expert, Refly Harun said that an inquiry rights which proposed by Jakarta Legislative Council (DPRD) does not always end on dethronement. According to him, the dethronement against governor will never happen, if the accusation from legislative is not proven.

If accusation is not proven, the legislative cannot dethrone the governor

"If accusation is not proven, the legislative cannot dethrone the governor," asserted Refly when being contacted by beritajakarta.com, Monday (2/3).

He said, the governor cannot be dethroned offhand because of the legislative should have a strong evidence related to governor's violation. "If they (legislative) do not have evidence, the governor cannot be dethroned," he added.

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According to him, such inquiry rights leads to the results of the investigation. However, not all violations were found to be passed into dethronement. It is because there is a classification of violation like serious violation, such as corruption, maladministration, and other criminal offenses. "If there is found serious violation, the legislative can use the rights," he uttered.

However, Refly continued the rights should be tested by the Supreme Court (MA) as a legal basis, whether the regional head did serious violation or not. "If the rights was approved, the proposed replacement of the head will be sent to the president for approval," he uttered.

When being confirmed about solution for 2015 City Budget (APBD), the governor and legislative have to establish political communication.

"Mr. Governor should negotiate with legislative to overcome the budget polemic. If it can't, the Home Ministry could facilitate a meeting with executive and legislative to discuss this problem," said Refly.

He added that the legislative supposed to makesure that the development policy is compliance with what has been agreed mutually with executive. "Regarding the form of programs and activities, let the executive to solve it. The legislative is only served to monitor. If this problem is ignored, the development in the city will stagnate," he finished.