Ridwan Max Sijabat, Jakarta – All councillors and council speakers must return allowances they received under an annulled government regulation or face corruption charges, says a senior government official.
Director general for regional financial administration affairs at the Home Ministry, Daeng M. Nazier, said councillors had no legal basis for not returning the allowances, following a Supreme Court decision that invalidated the government regulation that granted it to them.
"It is not our will, but (rather) a binding decision of the Supreme Court that all councilors must comply with," he told The Jakarta Post after accompanying Home Minister Moh. Ma'ruf at a Home Affairs Commission hearing at the House of Representatives here Wednesday.
The government is set to issue a new regulation requiring councilors to return the allowances by at least one month before the end of the 2004-2009 period.
The regulation, which awaits the President's approval, stipulates that councillors and council speakers receive an intensive communication allowance and operational funds according to their region's financial capability.
Regions with large budgets are allowed to pay allowances of up to 600 percent of a councillor's basic monthly salary, while those with low budgets are required to pay at least 100 percent of their monthly wage.
The government has issued two regulations that were both eventually annulled by the Supreme Court in its response to strong public protests.
Daeng said that if councilors and council speakers could not meet the deadline for returning the allowances, they would be processed in accordance with the law on the state treasury.
"We will pursue the indebted councilors until the funds are returned," he said.
He added that the Home Ministry is prepared to face any legal action should councilors wish to bring the incoming government regulation to the Supreme Court.
"Public officials who commit wrongdoings and mistakes that cause losses to the state will be given administrative sanctions, be required to pay the losses and be prosecuted in accordance with the law," said the Home Ministry's chief spokesman, Saut Situmorang.
The law requires governors, regents and mayors to report any potential state losses caused by public officials to the Supreme Audit Agency (BPK), which will later investigate the losses.
Daeng said the Home Minister would also issue a decree on the classification of regions on the basis of their financial condition.
"As of April 1, regions are expected to set the amount of the allowances and operational funds that will be paid to the councilors and council speakers," he said, adding that although the new government regulation would only be issued this month, it would be retroactive as of Jan. 1, 2007.