A number of considerations that allow the Moeldoko KLB to be ratified by the Ministry of Law and Human Rights

JAKARTA – Director of Legal Studies for the Academic Training Legal System (ATLAS), Miartiko Gea, assessed that the request for ratification of the new management personnel of the Democratic Party as a result of the Extraordinary Congress (KLB) has a high enough chance of being ratified or confirmed as a legitimate administrator by the Ministry of Law and Human Rights ( Ministry of Law and Human Rights).

According to Miartiko Gea, there are several considerations that make the outcome of the KLB with the General Chairperson of the Presidential Chief of Staff (KSP) Moeldoko, worthy of approval. Also read: The Moeldoko camp claims that it has handed over the composition of the North Sumatra outbreak management to the Ministry of Law and Human Rights

“If you look at the latest developments, that there are 412 legitimate voting rights owners of the Democratic Party both at the DPD level and the DPC level who have submitted requests for the implementation of the KLB, then legally, these formal requirements have been met by the KLB,” Miartiko Gea said in a written statement on Tuesday ( 9/3/2021).

Also read: Asked about KLB Money, Democrats from Moeldoko’s camp: We are mostly entrepreneurs

The second thing that is considered by the Ministry of Law and Human Rights is the statutes of the party, whether or not it is against the laws and regulations, of course the Ministry of Law and Human Rights has special parameters in assessing the validity of the outbreak.

“If both of these can be proven by KLB Deli Serdang in filing a request for legalization of the new management personnel of the Democratic Party, then KLB Deli Serdang has a high enough chance of being ratified or confirmed as a legal administrator,” said Miartiko who is also a legal observer.

Another point that will be an important consideration for the Ministry of Law and Human Rights, said Miartiko, is that the Supreme Council of the Democratic Party is so superior that it even exceeds the mandate of Article 5 Paragraph (2) of Law Number 2 of 2011 concerning Political Parties (Parpol).

Just to note, in the Democratic Party led by AHY, the results of the 2020 congress, there were 3 (three) important positions filled by the Cikeas dynasty, namely the Chair of the High Council of the Democratic Party held by SBY from the 2020 congress; Chairman of the Democratic Party (AHY) concurrently as Deputy Chair of the High Council of the Party as a result of the 2020 congress; and Deputy Chairperson of the Democratic Party (Ibas) from the 2020 congress and concurrently chair of the Democratic Party faction in the DPR.

“If we look closely, the management of the 2020 Democratic Party congress, which by acclamation has established AHY as chairman, is suspected of being legally flawed and procedurally flawed due to violating the Law on Political Parties, and of course against ethics and legal morality,” said Miartiko.

“In this case I remember the adigium of law in Latin ‘Inde datae leges be fortior omnia posset’ (that the law / constitution / AD / ART Party or community organization is made to limit its power, not the other way around to perpetuate power),” continued Miartico Gea. who is also the National Coordinator for Civil Serious Democracy (Kornas PD).

(maf)

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