Fired By A Political Party, You Don't Have To Stop Being A Member Of The DPR

Gedung DPR (Irfan Meidianto/VOI)

JAKARTA - The presence of Jhoni Allen Marbun while attending the House Commission V Working Meeting with the Ministry of Transportation, Tuesday, March 16, was in the spotlight. The reason is, Jhoni has been fired from the Democratic Party.

Of course, the presence of Jhoni reaped the cons of the Agus Harimurti Yudhoyono (AHY) camp. Democrat Wasekjen who is also a member of Commission V DPR, Irwan objected and questioned Jhoni's whereabouts at the meeting.

"How is this the leader," said Irwan.

However, Jhoni's presence became a joke in the meeting room. A member of the DPR Gerindra Faction, Sudewo, even congratulated Jhonny Allen on being elected as Secretary General of the Democratic DPP under Moeldoko's leadership.

So what about Jhoni Allen's status as a member of the DPR who has been fired by the Democrats?

The founder of the Democratic Party, Ilal Ferhard, gave his support to Jhoni Allen Marbun who attended the meeting as a member of the DPR, even though he had been fired by the party. The reason is, PAW cannot be done because Jhony filed a lawsuit in court.

Ilal emphasized that Jhoni Allen Marbun was still legally a member of the North Sumatra electoral district who served in Commission V of the Indonesian Parliament.

"He is still a member of the council. He will remain a member of the council until his term of office ends in 2024," said Ilal when contacted by VOI, Tuesday, March 16.

Ilal assessed that Jhoni's dismissal as a cadre of a political party had nothing to do with dismissing him as a member of the council. This is because, he said, the Parliament has its own rules for dismissing members of the legislature.

"If there is one thing that happens, such as the dismissal of a political party member, it will be dismissed as a member of the political party, (fired from) the Democrat. But it does not become the entrance to PAW in the DPR RI DPR," said Ilal.

According to him, the Jhoni Allen case is similar to the case that happened to the former PKS politician, Fahri Hamzah. Where at that time Fahri was dismissed as a PKS cadre but still served as deputy chairman of the Indonesian Parliament.

"This is the same incident as Fahri in PKS. Kan wanted to be fired at PAW and replaced as deputy chairman of the DPR RI," said Ilal.

At that time, he continued, Fahri could not be dismissed as a member of the DPR because there were provisions in the MD3 Law. In fact, in the end Fahri Hamzah filed a lawsuit at the South Jakarta District Court and won.

So, said Ilal, Jhoni Allen could serve as a member of the DPR. If Jhoni wins the lawsuit at the PTUN then the Democrats will be in the same boat as PKS.

"So don't let it happen like that. Don't just play with dismissals. Don't just ask Jhoni Allen as Secretary General of the KLB Democrats not to enter (DPR meeting, red)," he explained.

PAW rules in the MD3 Law

Interim replacement (PAW) in the DPR is regulated in Law (UU) Number 17 of 2014 concerning the MPR, DPR, DPD and DPRD (MD3 Law). Specifically regulated in Articles 239 to 243 of the MD3 Law.

Paragraph 1

Intermittent Termination

Article 239

(1) DPR members quit interim due to: a. passed away; b. resign; or c. dismissed.

(2) Members of the DPR are terminated inter-term as referred to in paragraph (1) letter c, if: a. is unable to carry out their duties continuously or is unable to remain a member of the DPR for 3 (three) consecutive months without any information; b. violates the oath / promise of office and the DPR code of ethics; c. found guilty based on a court decision that has obtained permanent legal force for committing a criminal offense punishable by imprisonment of 5 (five) years or more; d. proposed by his political party in accordance with the provisions of laws and regulations; e. no longer fulfilling the requirements as a candidate for DPR member in accordance with the provisions of laws and regulations regarding the general election for members of DPR, DPD and DPRD; f. violates the prohibition provisions as regulated in this Law; g. dismissed as a member of a political party in accordance with the provisions of laws and regulations; or h. become a member of another political party.

Art 240

(1) The dismissal of DPR members as referred to in Article 239 paragraph (1) letters a and b as well as in paragraph (2) letters c, d, g, and h shall be proposed by the leadership of a political party to the DPR leadership with a copy to the President. (2) Within 7 (seven) Days from the receipt of the proposal for dismissal as referred to in paragraph (1), the leadership of the DPR is obliged to submit the proposal to dismiss DPR members to the President to obtain the official dismissal. (3) The President formalizes the dismissal as referred to in paragraph (2) ) no later than 14 (fourteen) Days since the receipt of the proposal to dismiss DPR members from the DPR leadership.

Article 241

(1) In the event that a political party member is dismissed by his political party as referred to in Article 239 paragraph (2) letter d and the person concerned files an objection through the court, the dismissal is valid after a court decision has obtained permanent legal force. (2) In the event of dismissal based on the complaint as referred to in Article 147 paragraph (2), the Honorary Council of the Council shall submit a report at the plenary meeting of the DPR for approval. (3) The President formalizes the dismissal as referred to in paragraph (2) no later than 14 (fourteen) Days from the receipt of the proposal. dismissal of DPR members from the DPR leadership.

Paragraph 2

Intertime Replacement

Article 242 (1) DPR members who leave interim term as referred to in Article 239 paragraph (1) and Article 240 paragraph (1) are replaced by the DPR member candidate who receives the most votes in the next sequence in the ranking list of votes acquired by the same political party in the electoral district. (2) In the event that a DPR member candidate who gets the most votes in the next sequence as referred to in paragraph (1) dies, resigns, or no longer meets the requirements as a candidate for DPR member, the DPR member as referred to in paragraph (1) shall be replaced. by a candidate for DPR member who gets the most votes in the next sequence from the same political party in the same electoral district. (3) The term of office of the interim replacement DPR member continues the remaining term of office of the DPR member he replaces.

Article 243

(1) The DPR leadership submits the names of the DPR members who are terminated inter-term and requests the names of the interim replacement candidates to the KPU. (2) The KPU shall submit the names of the interim replacement candidates based on the provisions as referred to in Article 242 paragraph (1) and paragraph (2) to the DPR leadership at the most. within 5 (five) Days since the receipt of the DPR leadership letter. (3) Not later than 7 (seven) Days since receiving the name of the interim replacement candidate from the KPU as referred to in paragraph (2), the DPR leadership shall convey the name of the dismissed DPR member and the name of the replacement candidate. (4) Not later than 14 (fourteen) Days after receiving the name of the dismissed DPR member and the name of the interim replacement candidate from the DPR leadership as referred to in paragraph (3), the President shall formalize his dismissal and appointment by a Presidential Decree. (5) (2) Before taking office, the interim replacement DPR member as referred to in paragraph (3) shall take an oath / promise guided by the leadership of the DP. R with the text of the oath / pledge as referred to in Article 78. (6) The interim replacement of DPR members is not implemented if the remaining term of office of the replaced DPR members is less than 6 (six) months.

Can take to court

In the previous case, former PKS politician Fahri Hamzah filed a lawsuit at the South Jakarta District Court. The defendants were accused of committing illegal acts through the unilateral dismissal of Fahri.

The first defendant is the PKS Central Executive Board, specifically Mohamad Sohibul Iman as PKS President.

The second defendants were Hidayat Nur Wahid, Surrahman Hidayat, Mohamad Sohibul Iman, Abdi Sumaithi, and Abdul Muiz Saadih. Each of them is the chairman and member of the PKS Tahkim Council.

The third defendant is Abdul Muiz Saadih as Chairman of the PKS Organizational Discipline Enforcement Agency (BPDO).

The three of them were deemed to have committed acts against the law based on Article 1365 of the Civil Code.

Fahri still serves as deputy chairman of the DPR RI, because the council has not followed up on the PAW submission because it is waiting for a court decision.

Then, the South Jakarta District Court granted Fahri's lawsuit regarding his dismissal from PKS. Apart from declaring his dismissal illegal, the panel of judges sentenced PKS to pay Rp 30 billion to Fahri.

The Rp 30 billion lawsuit was granted because the panel considered Fahri's experience after being fired to be very heavy. The panel considers Fahri to be under psychological pressure as a result of the dismissal.

Fahri is still legally deputy chairman of the DPR until his term of office ends.

Just like Fahri, Jhoni Allen Marbun also filed a lawsuit at the registered Central Jakarta District Court, Tuesday, March 2.

The Central Jakarta District Court has set a schedule for the inaugural trial of the case filed by former Democratic Party cadre Jhoni Allen Marbun against the Chairman of the Democratic Party, Agus Harimurti Yudhoyono (AHY).

Reporting from the Central Jakarta District Court Case Tracking Information System (SIPP) page, the first trial for case number 135 / Pdt.G / 2021 / PN Jkt.Pst is scheduled for March 17, 2021.

"It is true (the first trial was on Wednesday, March 17, 2021). The agenda is to read the lawsuit," said the Public Relations of the Central Jakarta District Court, Bambang Nurcahyono, Thursday, March 4.

Apart from AHY as Defendant I, Jhoni also sued Democratic Party Secretary General Teuku Riefky Harsya (Defendant II) and Chairman of the Honorary Council of the Democratic Party Hinca Pandjaitan (Defendant III).

And today, Wednesday 17 March, the first trial of the lawsuit by Jhoni will take place. Jhoni is still legally a member of the DPR until he awaits a permanent court decision.