M Taufik Can Sue Gerindra Party If He Rejects Reason For Dismissal, Legal Expert Explains How

The former deputy chairman of the DKI Jakarta DPRD, M Taufik, was fired by Gerindra from his party membership starting Tuesday, June 7. (Antara/Susylo A)

JAKARTA - The former deputy chairman of the DKI Jakarta DPRD, M Taufik, has been sacked by the Gerindra Party from party membership starting today. Constitutional law expert Refly Harun assessed that a number of factors could not actually be used as a reason to fire M Taufik.

This was conveyed by Refly through his YouTube account Refly Harun, Tuesday, June 7. He said the mechanism for dismissing cadres was in accordance with the rules contained in the general party through the Political Party Court (Parpol).

"But if the reason is failing to establish the DPD Office, failing to win Prabowo during the 2019 presidential election, then so many cadres will be fired. So the reason for dismissal cannot be that reason," said Refly.

However, Refly assessed that the reason for the Gerindra Party's dismissal of the senior Gerindra Party politician because he was not loyal to the party was acceptable. "The reason for not being loyal to a political party is clear," said Refly.

The mechanism for dismissing party cadres through the Political Party Court is contained in Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties or the Law on Political Parties.

However, Refly did not know that Gerindra's Party Honorary Council (MKP) was used as a procedure to fire M Taufik. If Gerindra's MKP is the same as the Political Party Court, then the reasons he has explained for his dismissal are appropriate.

Furthermore, Refly said that the main task of the Political Party Court is to resolve internal disputes to respect the party's sovereignty and autonomy. In fact, the Political Party Court mediates party conflicts, including the dismissal from the DPP, or from the General Chair who signed the dismissal letter.

"So, for example, a member of a political party is dismissed based on the decision of the DPP, the place to complain is the Assembly or the Political Party Court," he said.

According to Refly, the cadres cannot be dismissed by the party through the Political Party Court. "It's okay to fire as chairman, demote as vice chairman is okay, but firing members is not right," he added.

Refly revealed that the Political Party Court, which was supposed to be a tool to check decisions, or reconcile conflicts between the management and their members, actually became a tool to dismiss its members.

So if M Taufik does not agree with the reasons for his dismissal, Refly believes that the former chairman of the DKI Jakarta DPRD can sue the Gerindra Party.

"If M Taufik does not accept the dismissal, then he can file a complaint with the political party court. If it turns out that the political party court gets a decision, it is hoped that it will actually be binding," said Refly.

For example, the Court annulled the DPP's decision to dismiss him and he was reinstated, but if it confirms then M Taufik has the opportunity to take this matter to the District Court. After that, the High Court, then the Supreme Court," he said.