AHY's Version Of Democrats Contradicts The Political Party Law, The KLB Faction Is Sure That The Minister Of Law And Human Rights Will Endorse Moeldoko

Illustration of the Democratic Outbreak in Deli Serdang, North Sumatra (Photo: DOK ANTARA)

JAKARTA - Spokesperson for Moeldoko's Democrat Party, Muhammad Rahmad, assessed that the AD / ART product of the 2020 Congress which chose Agus Harimurti Yudhoyono (AHY) by acclamation as chairman was null and void by law.

The reason is that this statute / statute is against the Political Party Law, which is the umbrella organization for the Democratic Party. For example, Article 24 paragraph (3) of the 1945 Constitution, Article 15 paragraph (1) and (2) Law on Political Parties No. 2 of 2008 and Article 5 and articles 32-33 of the Political Party Law no. 2 of 2011.

On this basis, according to Muhammad Rahmad, the Deli Serdang Democrat KLB could be held without being based on an AD / ART.

"On the basis of such comprehensive considerations, members and cadres of democratic parties from all over Indonesia have gathered to organize an KLB in Deli Serdang," said Rahmad in a press conference in Hambalang, Thursday. March 25th.

Meanwhile, continued Rahmad, when the AD / ART was canceled by law, the reference was Article 15 paragraph (1) of the 2008 Political Party Law which states that the sovereignty of political parties is in the hands of members.

So, he said, the existence of the Democratic Party which experienced a vacuum in basic rules should automatically be returned to the sovereignty of the members.

Rahmad explained, the Democrat Party KLB in Deli Serdang was attended by all members from various elements of the DPP, DPD and DPC throughout Indonesia. KLB Deli Serdang has chosen and appointed General (ret) Dr. Moeldoko as General Chairperson and Dr. H. Marzuki Alie as Chairman of the Board of Trustees.

Moeldoko, said Rahmad, was invited and proposed by a cadre of the Democrat Party because he had a very strong commitment to grow the party by embracing all cadres into the big house of the party bearing the mercy star logo.

"Mr. Moeldoko is committed to removing the burdensome provisions for cadres and giving rewards to cadres who have contributed to the party. Mr. Moeldoko also has a strong commitment to return the democratic party to an open, democratic, modern and polite party," said Rahmad.

The pro-KLB cadres considered that the party that was directed towards tyranny, authoritarianism and familyism by SBY and AHY had to end. Because according to Rahmad, this is a tremendous disaster for the development of post-reform democracy in Indonesia.

In contrast to the 5th Congress, said Rahmad, the election for the general chairman at KLB Deli Serdang was conducted very democratically, openly, and witnessed directly at the venue by dozens of leading national media.

"At KLB Deli Serdang, members of the democratic party gathered to take a collective agreement in the highest decision-making forum," said Rahmad.

This, he continued, had met the provisions of the juridical construction of the condition of a political party as a civil partnership.

Therefore, based on the constitution, the Political Party Law and the theory of civil associations that the KLB is carried out based on the agreement and the sovereignty of the members, the Democrat Party KLB in Deli Serdang is legally valid.

The KLB camp believes that the Minister of Law and Human Rights, Yasonna H Laoly, will not be influenced by the development of misleading public opinion. And will not be affected by pressure from parties who deliberately interfere with the running of the government.

"We believe and believe, the Minister of Law and Human Rights works professionally, prioritizing common interests over the interests of a group of people who destroy democracy in Indonesia" he said.

The KLB camp also has a strong belief that the Ministry of Law and Human Rights can apply the contrarius actus principle, where when they find out that a decision issued is problematic or that there is a formal or material defect and is against the law, the authorized official, namely the Ministry of Law and Human Rights, can correct or cancel directly without having to wait for the party others object or file a lawsuit.

For the sake of justice and legal certainty related to the Democratic Party, as well as avoiding the potential for a horizontal crisis in the midst of society, Rahmad hopes that the Minister of Law and Human Rights can immediately cancel the Democratic Party's AD / ART in 2020 and cancel the management of the Democratic Party for the 2020-2025 Bakti period led by AHY.

"We ask the Minister of Law and Human Rights to ratify the AD / ART of the Democrat Party in 2021 and the management structure of the DPP Democratic Party, led by Mr Moeldoko, as a result of the KLB in Deli Serdang," he said.