Removed From The Position Of Deputy Chairperson Of The MPR, Fadel Muhammad: The Plenary Decision Of The DPD RI Is Unconstitutional

DPD Plenary Session (Photo: ANTARA)

JAKARTA - Deputy Chairman of the People's Consultative Assembly (MPR) Fadel Muhammad was removed from his post after the Plenary Session of the Regional Representatives Council (DPD) on Thursday, August 18. The plenary session decided to replace the deputy chairman of the MPR from the DPD element.

Fadel said his removal from the leadership of the MPR elements of the DPD RI was unconstitutional or not in accordance with the constitution. Therefore, the senator from Gorontalo will make a number of legal efforts to fight the violation.

Fadel explained that his position as Deputy Chairman of the MPR for the 2019-2024 period was legal according to the applicable laws and regulations. According to him, he has worked and carried out his duties in accordance with the mandate of the legislation, including carrying out Article 138 paragraph (1) of the Regional Representative Council (DPD) Regulation on Orders (Ordinances), which mandated him to submit a performance report before the DPD plenary session.

"The mechanism for the motion of no confidence does not exist in the legislation, is not in accordance with the rules and regulations in the DPD and MPR. So, any form of proposal or what is termed 'taking over the mandate' by a number of DPD members is unconstitutional," Fadel said in his statement to reporters, Saturday, August 20.

Fadel considered that the steps taken by a number of DPD members who were not in accordance with the rules of law and statutory regulations were included in the category of actions that did not carry out the oath or promise of office that had been uttered. As well as the obligation as a member of the DPD to obey Pancasila, the 1945 Constitution, and applicable laws and regulations.

For this reason, the former Gorontalo Governor will report the DPD members who signed his impeachment to the DPD Honorary Board (BK), the State Administrative Court (PTUN), as well as civil and criminal court lawsuits. Currently, said Fadel, he is preparing all the legal reports with his legal team.

"We must not allow arbitrariness in this country, especially in high state institutions. Therefore, I will take all legal remedies, to fight non-compliance with the law and all applicable laws and regulations," said Fadel. La Nyalla Mattalitti said that one of the agenda in the plenary session last Thursday was the submission of a no-confidence motion related to the desire of the majority of DPD members to withdraw Fadel from the position of deputy chairman of the MPR.

"In the 13th Plenary Session of the DPD RI for Session V, Session Year 2021-2022, it was decided that the motion of no confidence would be forwarded to the Honorary Board and the DPD RI group," said La Nyalla.

The senator from East Java said that the number of members who signed the motion of no confidence increased from 91 people to 97 members. After that, the leadership of the DPD decided to agree on the withdrawal of Fadel from the position of deputy chairman of the MPR.

"So the leadership of the DPD RI at this session agreed to the withdrawal. For this reason, in this trial, we need to elect the Deputy Chairperson of the MPR, the representative of the DPD RI to fill the vacant position," said La Nyalla.

The DPD RI then voted to determine Fadel's replacement with four candidates proposed by each sub-region, namely Abdullah Puteh (Aceh), Bustami Zainuddin (Lampung), Tamsil Linrung (South Sulawesi), and Yorrys Raweyai (Papua).

Finally, by pocketing 39 votes, Tamsil Linrung was decided as the deputy chairman of the MPR delegated by the DPD RI to replace Fadel Muhammad's position.

The voting was attended by 96 members of the DPR in which Bustami won 21 votes, Yorrys (19), Puteh (14), 2 invalid votes, and 1 abstention.