Arsjad Rasjid Affirms There Is Only One Kadin According To The Law And Mandate Of AD/ART

Chairman of the Indonesian Chamber of Commerce and Industry Arsjad Rasjid. (Photo: Theresia Agatha/VOI)

Chairman of the Indonesian Chamber of Commerce and Industry Arsjad Rasjid expressed his attitude to stick to the Indonesian Chamber of Commerce and Industry's AD/ART based on Law no. 1 of 1987 and Presidential Decree (Keppres) No. 18 of 2022, particularly in leading the Indonesian Chamber of Commerce and Industry as the only forum organization for the business world.

This was conveyed in response to the implementation of the Extraordinary National Conference (Munaslub) on Saturday, September 14, 2024, which violated the Indonesian Chamber of Commerce and Industry's Articles of Association and Bylaws (AD/ART).

"There is only one Indonesian Chamber of Commerce and Industry, namely the Indonesian Chamber of Commerce and Industry whose basis for its implementation is stipulated through Law 1 of 1987 concerning the Indonesian Chamber of Commerce and Industry and Presidential Decree (Keppres) Number 18 of 2022," Arsjad said at a press conference at the JS Luwansa Hotel, Sunday, September 15.

Therefore, Arsjad conveyed that all forms of activities of the Indonesian Chamber of Commerce and Industry, including the implementation of the National Conference, must comply with the provisions of the Law and the mandate of the AD / ART.

Arsjad added that he served as Chairman of the Indonesian Chamber of Commerce and Industry for the period 2021-2026 through legal processes and procedures and in accordance with the provisions of the organizational law and regulations, namely being elected by acclamation based on a joint decision at the VIII National Conference of the Indonesian Chamber of Commerce and Industry on June 30, 2021, in Kendari, Southeast Sulawesi.

"On this occasion, a number of administrators, as well as 21 Chairmans of the Provincial Chamber of Commerce and Industry, as well as representatives of the Extraordinary Member (ALB) of the Indonesian Chamber of Commerce and Industry," he explained.

Therefore, Arsjad invites all Indonesian Chamber of Commerce and Industry to remain obedient and enforce applicable legal regulations and provisions to encourage the progress of business organizations that contribute to national economic growth.

As is known, on Saturday, September 14, a Munaslub was held which was initiated by the Advisory Council and a handful of administrators of the Indonesian Chamber of Commerce and Industry. Where the Munaslub then agreed to appoint the Chairperson of the Advisory Council Anindya Bakrie as Chairman of the Indonesian Chamber of Commerce for the period 2024-2029 to replace Arsjad Rasjid.

Arsjad emphasized that the Munaslub had violated the provisions of the Indonesian Chamber of Commerce and Industry's AD/ART, and received rejection from the Kadin Management Board, the majority of the Regional Chamber of Commerce and Industry, and ALB.

On the same occasion, Deputy Chairperson for Law and Human Rights of the Indonesian Chamber of Commerce and Industry, Dhaniswara K. Harjono said, based on the AD/ART of the Indonesian Chamber of Commerce and Industry Article 18, the Munaslub can only be held if there is a violation of principles against AD/ART, misappropriation of finances and organizational treasury, or the non-function of the Board of Management so that the provisions of the AD/ART and National Conference decisions are not carried out properly.

The argument used to organize the Munaslub relates to the joining of Mr. Arsjad Rasjid as Chairman of the Winning Team for Presidential and Vice Presidential Candidates during the last election, cannot be used as an excuse, given his involvement in personal names and does not involve the Kadin institution. He also proposed temporary distancing approved by the Indonesian Chamber of Commerce and Industry's Board of Management, including the Chairman of the Advisory Council of the Indonesian Chamber of Commerce and Industry, Anindya Bakrie, "said Dhaniswara.

Dhaniswara added that the implementation of the Munaslub was also not going through the stages required by the AD/ART, such as the existence of the First and Second Warning Letters as stipulated in the Indonesian Chamber of Commerce and Industry's AD/ART.

"There has never been evidence or warning letter stating that there was a violation in accordance with Article 18 AD/ART of the Indonesian Chamber of Commerce and Industry by the General Chair and the Indonesian Chamber of Commerce and Industry", he explained.

Dhaniswara emphasized that the letters sent by the Provincial Chamber of Commerce and Industry to the Indonesian Chamber of Commerce and Industry regarding Arsjad Rasjid's resignation application as Chairman of the Indonesian Chamber of Commerce and Industry and the letter of implementation of the Munaslub did not fulfill the elements to be classified as the First Warning Letter.

In addition, Dhaniswara conveyed that according to Article 18 paragraph 2 AD/ART of the Indonesian Chamber of Commerce and Industry, the Munaslub could only be submitted by at least half of the total provincial Chamber of Commerce and Industry and half of the total ALB recorded in the last National Conference. To submit a proposal for the Munaslub, the Provincial Chamber of Commerce and Industry must also hold a Plenary Meeting first.

Dhaniswara added that in Article 18 paragraph 12 AD/ART it was stated that the Munaslub was achieved by a quorum and was legal if it was attended by more than half or 50 percent plus 1 of the full participants, and the decision was declared valid and binding to the organization if it was agreed by deliberation or by the most votes from the National Conference participants.

"Based on the information we received, yesterday's illegal Munaslub was only followed by 25 ALBs, which did not reach half the number of ALBs recorded in the last National Conference at least 50 + 1 out of 124 ALBs. Thus, the Munaslub is invalid," he said.

In addition, the Deputy Chairperson of the Coordinator for Organization, Law and Communication, Yukki Nugrahawan Hanafi, said that the Munaslub which was held yesterday was not only illegal, but had also disturbed the harmony of the Kadin organization as a strategic partner of the government in building an inclusive and sustainable economy.

ARsjad Rasjid was elected by acclamation as Chairman of the Indonesian Chamber of Commerce and Industry based on the decision of the Indonesian Chamber of Commerce and Industry VIII National Conference. The results were agreed, including those who are now the initiators of the Munaslub. This is an irony. This is like sinking your own ship," he said.

Previously, the rejection of the Munaslub was also conveyed by 21 of the total 35 provincial Kadins spread throughout Indonesia, including Bengkulu Province, DI Yogyakarta, DKI Jakarta, Gorontalo, Jambi, West Java, Central Java, East Java, West Kalimantan, South Kalimantan, East Kalimantan, Maluku, North Maluku, NTT, Papua, West Papua, Riau, Central Sulawesi, Southeast Sulawesi, North Sulawesi, and Southwest Papua.