THE city of Tomohon does not figure very prominently in Indonesia’s national affairs. Situated in a mountainous area of North Sulawesi, about a 25-minute drive from provincial capital Manado, Tomohon is better known for its cool climate than heated politics. Yet the three active volcanoes surrounding the city hint at a geological significance that has recently come to be reflected in national affairs as well.

In January, Tomohon mayor Jefferson Soleiman Montesqieu Rumajar had the dubious privilege of becoming the first of what could soon become a growing number of regional leaders to be suspended almost immediately after being installed in office.

The bizarre proceedings involved him travelling from Cipinang prison in Jakarta to the Ministry of Home Affairs. There, in a brief ceremony presided over by North Sulawesi governor Sinyo Harry Sarundayang, he pledged to shun corruption – the very thing for which he was facing prosecution. The new mayor was then permitted to hold a brief meeting with his subordinates before being incarcerated once again.

Three days later, Home Minister Gamawan Fauzi authorised Mr Jefferson’s suspension as mayor because of his status as a suspect in a graft case. The vice-mayor was then given the job of running the local administration.

Graft charges against mayors, legislators, regents, governors and even former ministers have become almost common in Indonesia in recent years.

But Mr Jefferson’s case was different. After his arrest by the Corruption Eradication Commission (KPK) in September last year, the administration of Tomohon had been thrown into chaos. Nobody could legally run day-to-day administrative affairs or make important decisions because neither the mayor nor the vice-mayor elect had been sworn in.

The problem began when Mr Jefferson was permitted to stand for re-election in the highland city last year, despite the fact that he had been named a suspect in a graft case several months earlier. In the Indonesian legal system, being named a suspect is the first step towards formal charges, and it usually leads to trial. According to the KPK, Mr Jefferson had embezzled 18.8 billion rupiah from the Tomohon budget between 2006 and 2008.

These remarkable events have since been repeated. In March, the Home Minister issued a suspension letter for Yusak Yaluwo, soon after his inauguration as Boven Digoel regent for a second term by Papua provincial governor Barnabas Suebu. Like Mr Jefferson, Yusak was installed together with his vice-regent at a special ceremony at the Home Ministry in Jakarta. In November last year, the Corruption Court in the capital had sentenced him to 41/2 years in prison for corruption related to the procurement of a tanker involving the Boven Digoel regional budget.

The problem of corruption suspects and convicted criminals successfully running for public office has been brewing for some time.

Despite being named as a suspect in a graft case in 2008, Bengkulu governor Agusrin Najamuddin was permitted to run for re-election last year, which he did successfully. Prosecutors simply suspended their probe until he had been sworn in. Officially indicted and suspended from duty in January, he is accused of embezzling 20.2 billion rupiah from the province.

Such extraordinary developments have been denounced by anti-graft campaigners, who regard the practice of allowing graft suspects to be installed in office as undermining the government’s anti-corruption efforts. The Home Minister has defended the installations as legally necessary. But he also said that regulations which do not ban suspected criminals or convicts from running in regional elections must be reviewed.

The courts seem to agree. Last year, the Constitutional Court stripped South Bengkulu district head Dirwan Mahmud of his title, ruling that he was ineligible to hold public office. He had previously served a seven-year prison sentence for assault and murder.

But while lawyers debate the legal niceties, a far more important battle is shaping up in Jakarta that could render the debate irrelevant. Legislators are currently considering amendments to the Corruption Eradication Commission Law which could seriously hamper the KPK’s anti-graft efforts. Current proposals include removing the agency’s authority to prosecute suspects and conduct wiretaps without a court order.

Indonesia’s anti-corruption watchdog may not be perfect, but it has made important progress in the fight against graft. It has also achieved a near 100 per cent conviction rate. Unfortunately, the arrest of dozens of current and former legislators on graft charges in recent months has meant that the organisation also has many enemies.

If the KPK’s adversaries have their way in Parliament, there may not be many more situations like the one in Tomohon for either the Home Minister or the nation’s anti-corruption campaigners to worry about.

Copyright © 2011 Singapore Press Holdings Ltd