Anita Rachman & Made Arya Kencana – Critics have denounced the General Elections Commission's decision to merely dismiss member Andi Nurpati, saying a dishonorable dismissal would have better underscored the gravity of her offenses.
Elections Supervisory Board (Bawaslu) official Wirdyaningsih said Andi deserved stronger sanctions for her two ethical breaches of joining the Democratic Party and allowing a district head candidate in Toli Toli, Central Sulawesi, to run in violation of polling rules.
"We expected the commission's ethics tribunal to set a legal precedent by issuing a stronger verdict of dishonorable dismissal," she said. "That would have had a significant impact on her future. We believe she deserves more than a simple dismissal."
The commission, also known as the KPU, concluded its two-day tribunal on Wednesday, in which it ruled that Andi had violated the commission's code of ethics in both cases and recommended that she be dismissed.
"The law books don't recognize the concept of a dishonorable dismissal, just a regular dismissal," ethics tribunal chairman Jimly Asshiddiqie said. "We don't want to overreach the law.
"And while we understand some people may be disappointed with this ruling, I believe a dismissal by tribunal should be a sufficient punishment and deterrent," he added.
Andi, who did not attend the tribunal, said she appreciated the tribunal's decision. She pointed out she had already tendered her letter of resignation last week, and would now wait until the president issued an order for her dismissal from the KPU.
She also lashed out at Bawaslu for demanding she be raked over the coals. "If Bawaslu is upset with the tribunal's ruling, that means they don't appreciate the work it has done," Andi said, adding the watchdog's insistence that she be dishonorably dismissed was overdoing it.
However, Jerry Sumampouw, from the Independent Committee for Election Monitoring (KIPP), said the KPU's ruling obviated any hope the commission had of rebuilding its image tainted by Andi's indiscretions.
He said the essence of the tribunal was to prove the KPU's impartiality and independence in meting out punishment to one of its own. As such, he went on, commissioners violating the institution's code of ethics should be harshly sanctioned to serve as a deterrent.
"I'm sure the public is disappointed with the ruling," Jerry said. "It wasn't nearly strong enough. The tribunal failed to give the KPU back its moral authority."
Meanwhile, Democrat chairman Anas Urbaningrum said the party would not renege on its decision to name Andi to its executive board.
"We respect whatever decision the KPU tribunal reaches, but we must make clear that it will not sway Andi's role in the party," he said. "We're looking at her appointment as the arrival of just another new recruit, nothing more or less."
Anas also played down speculation that Andi had aligned herself with the ruling party since before the 2009 general elections, which the Democrats won convincingly.
He said any accusation that the polling commissioner had helped rig the results in favor of the Democratic Party was an insult to the voters.