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Jakarta, CNN Indonesia –
Trisakti University Law Observer Abdul Fickar Hadjar evaluated the Extraordinary Congress (KLB) Match 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 started by party cadres. Meanwhile, Marzuki and various initiators no longer have the status of Democratic cadres.
“KLB implementers do not have Legal stay as part of the Democratic Party (PD). Because of that, the KLB results were no longer valid, “Abdul said via text message to CNN Indonesia.with, Tuesday (9/3).
According to him, this condition was also confirmed by the lawsuit of Marzuki Alie and others before the Central Court of Jakarta. They asked the court to cancel the removal of the president of the Democratic Party, Agus Harimurti Yudhoyono (AHY).
Abdul believes that the lawsuit is actually a form of admission by Marzuki et al. that they are no longer a cadre of democrats. Because they asked the court to regain its status as a party cadre.
“The legal admission that they are no longer members of the PD, they are suing for the cancellation of the dismissal letter to the court. So, in my opinion, there is no legality of KLB as partisan activity,” he said.
Contacted separately, Andalas University constitutional law expert Feri Amsari said the outbreak of the Democratic Party violated the law. Feri argues that Congress does not agree with Law Number 2 of 2011 on Political Parties.
“The Moeldoko 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 Parties Law. This provision regulates that internal party disputes are resolved in the party through from the party court, “Feri said via text message to CNNIndonesia.com on Tuesday (September 3).
Feri said the dismissed cadres should complain to the party court. The party court then arbitrated the dispute.
If the cadres are not satisfied with the party court’s decision, 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 the chairman of the Democratic Party, Agus Harimurti Yudhoyono (AHY), to court in a dismissal case.
“You cannot suddenly go to court or the title of the KLB. It is invalid because the implementation procedure is not in accordance with the Law on Political Parties and the AD / ART of the Democratic Party which was approved by the Ministry of Law and Human Rights, ”Feri said.
Earlier, several senior Democratic Party officials who had just been fired held an Extraordinary Congress in Deli Serdang, North Sumatra, on Friday (3/5). They don’t want the Democrats to be led by Agus Harimurti Yudhoyono (AHY).
Through the KLB, they appointed KSP Moeldoko as president general. They also appointed Marzuki Alie as chairman of the board of directors.
(dhf / bmw)
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