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Unlawful Democrat KLB, Court Has No Authority Before Party Court

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JAKARTA – Two opposing camps of the Democrat Party claim the validity of their management, both the Cikeas camp led by Agus Harimurti Yudhoyono (AHY), and the Sibolangit Extraordinary Congress (KLB) camp, Deli Serdang which is chaired by Moeldoko.

This is also the case with the opinion of a number of experts who divide the chaos of the Democratic Party. In contrast to the Chairperson of the Indonesian Law Teaching Association, Laksanto Utomo, constitutional law expert Feri Amsari, assessed that the management of the PD as a result of the Sibolangit KLB was invalid.

Also read: The Sibolangit KLB Document Is Called Incomplete, Darmizal Praises the Government

According to him, the KLB contradicts Law Number 2/2008 on Political Parties (Political Party Law) and the 2020 Democratic Party’s Statutes / Bylaws (AD / ART) which was passed by the Menkumham.

“Not valid because it contradicts the Law on Political Parties and the AD / ART of the Democratic Party which was passed by the Menkumham 2020,” said the director of the Center for Constitutional Studies (PUSaKO), Faculty of Law, Andalas University, contacted on Sunday (21/3/2021).

Thus, Feri explained, the court does not yet have the authority to try this Democratic Party case, because the Partao Court has not yet issued a decision on this matter.

Also read: Promising to complete the requirements as soon as possible, the Moeldoko camp asks for an immediate decree

“Actually, the court is not yet authorized to try this case before the party court’s decision is made. That is according to the provisions of Article 32 and Article 33 of the Political Party Law,” he explained.

Therefore, Feri reminded, before Menkumham gave its ratification, the Democrat Party as a result of the KLB needed to comply with the conditions stipulated in the Political Party Law, related to party disputes.

“(I) ask the KLB version of PD to comply with the requirements stipulated by law regarding party disputes,” he suggested.

(muh)

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