Jakarta, CNN Indonesia –
Trisakti University Law Observer Abdul Fickar Hadjar assessed the Extraordinary Congress (KLB) Party Democrats illegitimate and has no legality, because the initiators namely Jhoni Allen Marbun and Marzuki Alie has been fired.
Abdul said the KLB could be initiated by party cadres. Meanwhile, Marzuki and a number of initiators no longer hold the status of Democrat cadres.
“The KLB implementers don’t have any legal standing as part of the Democratic Party (PD). Because of that the results of the KLB became invalid, “said Abdul via text message to CNN Indonesia.with, Tuesday (9/3).
According to him, this condition was also confirmed by Marzuki Alie et al’s lawsuit to the Central Jakarta Court. They asked the court to cancel the dismissal by the Chairman of the Democratic Party, Agus Harimurti Yudhoyono (AHY).
Abdul believes that the lawsuit is actually a form of admission from Marzuki et al. that they are no longer a cadre of Democrats. Because they asked the court to restore its status as a party cadre.
“The juridical admission that they are no longer PD members, they are suing for the cancellation of the dismissal letter to the court. So, in my opinion, there is no legality of KLB as a party activity,” he said.
Contacted separately, Andalas University constitutional law expert Feri Amsari said that the Democrat Party outbreak violated the law. Feri argues that the congress is not in accordance with Law Number 2 of 2011 concerning Political Parties.
“Moeldoko’s case is a violation of the legal system because the process is not in accordance with the provisions of Articles 32 and 33 of the Political Party Law. This provision regulates that internal party disputes are resolved in the party through the party court,” Feri said via text message to CNNIndonesia.com, Tuesday (9/3 ).
Feri said that the dismissed cadres should complain to the party court. Then, the party court arbitrated the dispute.
If the cadres are not satisfied with the decision of the party court, they can take it to the district court. If they are not satisfied, they can appeal to the Supreme Court (MA).
This stage was not taken by Marzuki Alie et al. They immediately dragged Democrat Party Chairperson Agus Harimurti Yudhoyono (AHY) to court in a case of dismissal.
“You cannot suddenly go to court or the title of the KLB. It is not valid because the implementation procedure is not in accordance with the Law on Political Parties and the AD / ART of the Democratic Party which was ratified by the Ministry of Law and Human Rights,” said Feri.
Previously, a number of senior Democratic Party cadres who had just been fired held an Extraordinary Congress in Deli Serdang, North Sumatra, Friday (5/3). They don’t want the Democrats to be led by Agus Harimurti Yudhoyono (AHY).
Through the KLB, they appointed KSP Moeldoko as the general chairman. They also appointed Marzuki Alie as Chairman of the Board of Trustees.
(dhf / bmw)
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