Observer: The President's permission is not an excuse, regarding Risma's violation of the Act on Multiple Positions

Observer: The President's permission is not an excuse, regarding Risma's violation of the Act on Multiple Positions – Observers and former ICW activists, Emerson Yuntho, started talking about the concurrent position of Tri Rismaharini, who was recently chosen by President Jokowi as Minister of Social Affairs, replacing Juliari P. Batubara.

Risma was found to be still holding the position of Mayor of Surabaya until it was highlighted for violating the prohibition of holding multiple positions as stipulated in the law.

Emerson Yuntho explained that Risma should have resigned as Mayor of Surabaya because a minister cannot hold multiple positions as a state official.

"When Ms. Risma was confirmed, the Minister of Social Affairs had to resign from the Mayor of Surabaya. The Ministry Law prohibits ministers (and deputy ministers) from having multiple positions as state officials,” Emersyon Yuntho noted via his Twitter network, Wednesday (23/12/2020)

Emerson Yuntho included several statutory provisions that control the issue of multiple positions for state officials, one of which is Law Number 39 of 2008 Article 23 number a.

In that article, there is a provision that the minister may not hold concurrent positions as another official in accordance with statutory provisions.

Concerning who is counted as a state official is regulated in Article 122 of Law Number 5 of 2014, one of which is the Mayor as stated in letter m.

Therefore, it is not corrected if Risma as the minister holds the mayor.

Emerson Yuntho then focused on Risma, who argued that President Jokowi had permission to end his position as mayor because there were only two months remaining.

"So if Risma makes an argument - has the President's permission or is she staying for two months - that is not a justifying fact. The guidelines must refer to the Ministerial Act. The period of yes just holding has violated the law, anyway ma'am. Mbok, yes, resign from the Mayor, "explained Emerson Yuntho.

Furthermore, Emerson Yuntho explained the opportunities that could occur if Risma was lazy to give up her position as mayor.

According to him, concurrent positions are a fact for the President to stop ministers like Article 24 of the Ministry Law.

"Mas Abang Sis Buya Eson, I want to ask what if Ms. Risma is annoying and doesn't want to be released from her position? Except for violating the law and official norms, concurrent positions are the basis for the President to stop ministers (Article 24 of the Ministerial Law)," he said.

Emerson Yuntho then explained that his response was important so that Risma could concentrate on working as the Minister of Social Affairs without any problems from Surabaya and avoid conflicting needs.

"This response is important to voice. First, so that Mrs. Risma can concentrate on the work of the Ministry of Social Affairs, which clearly takes over her energy and time. Just give the Deputy Mayor some time left. Second, avoid conflicting needs. If Mother asked to withdraw from Walkot, Jokowi would understand," explained Emerson Yuntho.

In a separate tweet, Emerson Yuntho is like witnessing President Jokowi not being observant in reading the Ministerial Law because something like this can happen.

The following reads the articles included by Emerson Yuntho.

Law Number 39 of 2008 Article 23

Ministers are prohibited from holding concurrent positions as:

1. other state officials in accordance with the laws and regulations.
2. commissioner or director of a state company or private company; or.
3. leadership of the organization financed from the State Revenue and Expenditure Budget and/or the Regional Expenditure Budget.

Law Number 5 of 2014 Article 122

State officials as referred to in Article 121 namely:

1. President and vice president.
2. Chairman, deputy chairman and members of the MPR.
3.  Chair, deputy chairman and members of the DPR.
4.  Chairman, deputy chairman and DPD members.
5.  Chairman, vice chairman, junior chairman and Supreme Court justices as well as chairman, vice chairman and judges in all judicial bodies except ad hoc judges.
6.  Chairman, deputy chairman and members of the Constitutional Court.
7. Chairman, deputy chairman and members of the BPK.
8. Chairman, deputy chairman and members of the Judicial Commission.
9. Chairman and deputy chairman of the KPK.
10. Minister and ministerial-level positions.
11. The head of the Republic of Indonesia's representative abroad who holds the position of Ambassador Extraordinary and Plenipotentiary
12. governor and deputy governor.
13. Regent/mayor and deputy regent/mayor.
14. Other state officials determined by law.

Ministry Law Article 24

• The Minister resigned from his position because:

1. die; or
2. term of office ends.

• The Minister is dismissed from his post by the President due to:

1. resign at his own request in writing
2. unable to perform duties for 3 (three) consecutive months;
3. declared guilty based on a court decision that has permanent legal force for committing a crime punishable by imprisonment of 5 (five) years or more;
4. violates the provisions on the prohibition of multiple positions as referred to in Article 23; or
5. other reasons determined by the President.

• The President temporarily suspends the Minister charged with committing a crime punishable by imprisonment for 5 (five) years or more.

Source : Suara.com