One Step Towards Deli Serdang Extraordinary Congress' Victory

Democrat Party illustration (Photo: Antara)

JAKARTA - The bell for the Deli Serdang Extraordinary Congress (KLB) victory is likely to sound. The reins of leadership of the Democrat Party can be fully taken over by the Extraordinary Congress (KLB) version of the elected general chairman, Moeldoko.

The Extraordinary Congress (KLB) initiators are getting ready to welcome the Decree of the Ministry of Law and Human Rights (Kemenkumham) which ratifies the new management. Including the cadres who are waiting for democracy from the real Democrats.

Although many parties have doubts about the validity of the Extraordinary Congress (KLB), at the same time, the issue of the Article of Associations/Bylaws of the 5th Congress which determined Agus Harimurti Yudhoyono (AHY) by acclamation was also doubted.

Like a competition of tree-climbing, the Extraordinary Congress (KLB) team now only has to take the flag.

Extraordinary Congress (KLB) Can Be Ratified

Law expert from the Al-Azhar University of Indonesia, Suparji Ahmad, assessed that the Deli Serdang Extraordinary Congress (KLB) could be ratified by the Ministry of Law and Human Rights to improve Congress V to comply with the Political Party Law. At that time, Agus Harimurti Yudhoyono (AHY) was elected as chairman by acclamation in 2020.

"The 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, ”said Suparji in his statement, Monday, March 22.

Furthermore, Suparji explained, the substance in the Article of Association/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/Bylaws of the Democrat Party which placed the highest power forum at the Party High Council (MTP). In this internal regulation, the Extraordinary Congress (KLB) can be held at the request of the Upper House, at least 2/3 Regional Executive Board (DPD), and 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/Extraordinary 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 Democrat Party who advance in the Congress or the Extraordinary Congress.

According to him, 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/Bylaws 2020 he admits, the Extraordinary Congress (KLB) is not valid. However, considering that the 2020 Article of Association/Bylaws is not qualified according to the sovereignty of the members and the Political Party Law, the Article of Association/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.

Article of Association/Bylaws at issue

The Extraordinary Congress Committee of the Democrat Party, Ilal Ferhard, highlighted the power of the Chairperson of the Democrat Party (PD) High Council in the Article of Association/Bylaws in 2020. According to him, one of the problems in the 2020 Article of Association/Bylaws is related to the power of the Chair of the High Council of the Democrat Party.

"The Congress only chooses General Chairman. But the one who is more powerful is the Chair of the Upper House. The highest power in Democrat Party (PD) is a party that adheres to democracy, is it the Congress or the Chair of the High Council?" he said, Saturday, March 13.

Ilal said the High Council of Democrat Party only has 9 votes, the Chairperson of the Democrat Party's Regional Executive Board (DPD) has 68 votes, and the Chairperson of the Democrat Party's Branch Executive Board (DPC) has 514 votes. Because of that, he admitted that he was surprised because the Extraordinary Congress (KLB) had to get the approval of the Chairman of the High Council.

"The High Council only has 9 votes. The Branch Executive Board (DPD) chairmen have 68 votes (2x34). The Branch Executive Board (DPC) chairmen have 514 votes (1x514). How come the Extraordinary Congress (KLB) has to agree with the Chair of the High Council?" he said.

In addition, Ilal highlighted the preamble in Article of Association/Bylaws 2020. He was surprised that in the preamble it is only mentioned the name of the Chairman of the High Council of the Democrat Party, Susilo Bambang Yudhoyono (SBY), and the founder of the Democrat Party, Ventje Rumangkang, as the initiator of the party. Meanwhile, the names of the 99 Democrat Party declarators were not mentioned at all.

"The Preamble only calls SBY and Ventje Rumangkang as the initiators of the Democrat Party. And the 99 declarators or founders are not mentioned at all," he said.

Regarding the implementation of the Extraordinary Congress (KLB) as stipulated in the Democrat Party 2020 Articles of Association (AD) Chapter X concerning Party Consultations and Meetings, to be precise in Article 81 paragraph 4. The following reads:

Article 81

(4) An Extraordinary Congress may be held upon request:

a. The Upper Party Assembly, or

b. At least 2/3 (two-thirds) of the total Regional Executive Board and 1/2 (one-half) of the number of Branch Executive Board and approved by the Chairperson of the Party High Council.

In addition, the Supreme Council of the Democrat Party is not only authorized to approve an extraordinary congress (KLB). The Democrat Party's High Council also has the authority to determine the presidential candidate to be promoted.

The authority of the Upper House is regulated in the Articles of Association (AD) of the Democratic Party, to be precise in Article 17 paragraph (6). The following reads:

Article 17

(6) The Upper Party Assembly has the authority to make strategic decisions regarding:

a. Candidates for President and Vice President

b. Candidates for the Leadership of the Indonesian Parliament and the Leadership of the Indonesian People's Consultative Assembly

c. Candidates for the Coalition Party in the Presidential and Vice-Presidential Election

d. Candidates for members of the central legislature

e. Candidates for Governor and Deputy Governor in Regional Head Elections

f. Candidates for Chair of the Democratic Party who run in the Congress or Extraordinary Congress

g. Determination of other fundamental and strategic policies, together with the General Chairperson of the Central Executive Board

h. Settlement of disputes over authority between institutions within the party, if these disputes cannot be resolved by the Party Court.

Signs of Extraordinary Congress' Victory from Ministry of Law and Human Rights

Minister of Law and Human Rights, Yasonna Hamonangan Laoly, revealed that his party had received the results of the Democratic Party's Extraordinary Congress (KLB) in Deli Serdang, North Sumatra, which appointed Presidential Chief of Staff Moeldoko as general chairman replacing Agus Harimurti Yudhoyono (AHY), on Monday 15 March.

"The Extraordinary Congress (KLB) has submitted a request for ratification of the management of the Extraordinary Congress (KLB) results. Two days ago by the Director-General. Now in the file research stage, we are looking at the statutory regulations on party Article of Association/Bylaws," said Yasonna after a Joint Working Meeting with Commission III of the House of Representative at the Parliament Complex, Senayan, Jakarta, Wednesday 17 March.

He added that his party would study thoroughly and thoroughly according to the law. If it is not in accordance with the Article of Association/Bylaws, a decision will be made regarding this matter.

"But if it fits, how do I make the decision again, right?" he said.

From the Minister of Law and Human Rights' statement, it was implied that the Deli Serdang Extraordinary Congress (KLB) would "pass the exam" to enter the government.

The Extraordinary Congress (KLB) team is even more confident. One of the founders of the Democratic Party and the initiator of the Extraordinary Congress (KLB), H.M. Darmizal, ensures that his party will immediately complete the documents for the verification process at the Ministry of Law and Human Rights.

"We will immediately complete it as well as possible according to the Law, Minister Regulation, and or other applicable regulations," said Darmizal in response to the warning from the Minister of Law and Human Rights, Yasonna H Laoly, regarding the completeness of the Extraordinary Congress (KLB) file, Sunday, March 21.

Darmizal admitted that he was grateful to Minister Yasonna who had carefully examined the Extraordinary Congress (KLB) results file. He also appreciated the government for working professionally.

A senior politician from the Democratic Party, Max Sopacua, confirmed the news that he was appointed as Chairman of the Honorary Council of the Democratic Party of the Deli Serdang Extraordinary Congress (KLB) version, North Sumatra.

The green light from the Minister of Law and Human Rights is increasingly welcomed. Even the senior Democrat Party politician Max Sopacua appreciated the ministry of law and human rights for providing the opportunity for the board of the Extraordinary Congress (KLB) version of the Democratic Party to complete what was missing in the Extraordinary Congress (KLB) results file.

"In order for the shortfall to be met, it is a very positive thing from the Ministry of Law and Human Rights to us. We also really appreciate the government, in this case, the Ministry of Law and Human Rights," said Max Sopacua.

Max is also reported to have filled an important position. He admitted that his willingness to become chairman of the party's honorary council was a form of service in the party bearing the Mercy star.

"That's dedication," said Max when contacted by VOI, Monday, March 22.

Max said that those who fought to restore democracy in Deli Serdang Extraordinary Congress were also given party positions.

Among them, Jhoni Allen Marbun as general secretary, Marzukie Alie as chairman of the board of trustees, as well as Ahmad Yahya as chairman of the party court.