Get Ready To Win! Experts Call Democrat's Extraordinary Congress Can Be Ratified By The Ministry Of Law And Human Rights

Illustration-Extraordinary Congress (KLB) of Democrat Party (Photo: ANTARA)

JAKARTA - It looks like the supporters of Deli Serdang Extraordinary Congress (KLB) will be happy. This is because the reins of the Democratic Party can be taken over by the elected General Chairperson of the Sibolangit Extraordinary Congress version, Deli Serdang, North Sumatra, Moeldoko.

This was revealed by a Law Expert from Al-Azhar Indonesia University, Suparji Ahmad. He assessed that the Deli Serdang KLB could be passed by the Ministry of Law and Human Rights (Kemenkumham) to improve the 5th Congress to conform to the Political Party Law.

The Democrat Congress V in 2020 appointed Agus Harimurti Yudhoyono (AHY) as chairman by acclamation.

"The Extraordinary Congress (KLB) can be ratified, because the 2020 Jakarta congress has matters that need to be reconstructed. In order to be in line with the Political Party law," Suparji said in his statement, Monday, March 22.

Furthermore, Suparji explained, the substance in the Article of Association and Bylaws at the 5th Congress needed to be reconstructed, for example, related to support for voting for the elected general chairman. The letter of support should be given by the Chairperson of the Regional Executive Board (DPD)/Branch Executive Board (DPC).

"However, it is suspected that the letter of support was not provided democratically," he explained.

According to Suparji, the 'rationed' voting process contradicts Article 15 of the Political Party Law. Where it confirms, that the sovereignty of political parties is in the hands of members which is implemented according to the statutes.

In addition, related to the Article of Association and Bylaws of the Democratic Party which placed the highest power forum at the Party High Council (MTP). In this internal regulation, Extraordinary Congress (KLB) can be held at the request of the Upper House, at least 2/3 of Regional Executive Board (DPD), and 1/2 of Branch Executive Board (DPC) and approved by the Chairperson of the Upper Party Council.

With this rule, according to Suparji, the Party Upper House eliminated the right of voters in dealing with the Extraordinary Congress and Congress.

"Because the power and authority of the Chairman of the Upper Party Council is higher than the Congress / KLB or higher than the wishes of the Voters," he said.

Then, Article 17 paragraph (6) point f AD reads, “The Party High Council has the authority to make strategic decisions concerning, among others, f. Candidates for chairman of the Democratic Party who advance in the Congress or the Extraordinary Congress (KLB).

According to Suparji, this clearly contradicts Article 15 paragraph (1) of the 2008 Political Party Law as stated. Because the one who determines the candidate for general chairman must be a party member in the highest forum for decision making in a political party. Not the High Council, which is not regulated at all and is known in the Political Party Law.

When viewed from the Article of Association and Bylaws 2020 he admits, the Extraordinary Congress (KLB) is not valid. However, considering that the 2020 Article of Association and Bylaws is not qualified according to the sovereignty of the members and the Political Party Law, the Article of Association and Bylaws 2020 cannot be used as a touchstone to assess the legality of the outbreak.

"Due to formal and material defects and the occurrence of an outbreak, the Democrat Party Decree issued by the government could be reviewed and subsequently validated the results of the Sibolangit Extraordinary Congress (KLB)," stressed Suparji.