Camelia Pasandaran, Jakarta – Governors from across the country are seeking immunity from prosecution over any policies issued by their administrations, but critics warn the move could be a misguided one.

Speaking at a summit of the governors' association in Bandung, West Java, Jakarta Governor Fauzi Bowo said on Tuesday that the group wanted the immunity clause included in an amendment of the 2004 Regional Administrations Law.

"This relates to legal problems over authoritative discretion, in that some governors have been sued over policies they issued," he said. "Several recommendations or policies, including those issued in gubernatorial decrees, are considered to favor certain parties. The fact is that they don't, but then they get followed up with reports and lawsuits that end in criminal charges."

Fauzi added the call for immunity was made to ensure that administrative policies "are viewed proportionally."

However, Home Affairs Minister Gamawan Fauzi said the immunity should not be applicable in the case of policies from which the governors had clearly benefited personally. "Policies issued to enrich oneself or others are purely wrong."

Muhammad Mustafa, an expert in white collar crime from the University of Indonesia, told the Jakarta Globe that an official should not face criminal charges for any policies unless they caused state losses. "However, there should be a certain standard to define it, otherwise various regional administrations will set up their own definitions," he said.

He added that policies that helped improve public services should never be used as grounds to charge a governor. "When public service gets better and the obstacles to that service are eliminated, the governor should not be sanctioned for the policy behind it," he said.

Arif Wibowo, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), criticized the immunity proposal.

"There are policies that go against the Constitution and laws, and policies that abide by them but still benefit certain parties," he said. "For instance, handing out money from the regional budget to the needy might be good and considered a public service, but if it happens during campaigning for regional elections, it's plain wrong."

He added that granting the governors immunity would only allow them to act irresponsibly. "If a policy goes against the law or the Constitution, the governor that issued it must be punished," Arif said.

He said the House of Representatives would likely reject the proposal once it started deliberating the amendment to the 2004 law.