Coup in Political Parties
Indonesia is indeed very unique, especially in terms of politics. In other countries, it is usually a military colonel or major who commits a coup against the general.
Indonesia is indeed very unique, especially in terms of politics. In other countries, it is usually a military colonel or major who commits a coup against the general. However, in our beloved country, it is the general who committed a coup against a major. Very controversial, right?
There have been internal rifts in political parties in this country for a long time. It is nothing new. Sarikat Islam (SI) experienced an internal rift that eventually gave birth to SI Merah (red) and SI Putih (white). SI Merah later became a communist party. This took place a century ago. Internal rifts in political parties are still present today.
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This time, the internal rift in the Democratic Party is very different from those of other political parties. The rift in the Golkar Party, for example, only pitted internal party members against each other, such as Aburizal Bakrie against Agung Laksono.
It was the same with the United Development Party (PPP), which saw a rift between Suryadharma Ali and Muhammad Romahurmuziy. The National Awakening Party (PKB) also saw a rift between Muhaimin Iskandar (Cak Imin) and Abdurrahman Wahid (Gus Dur), or Gus Dur against Matori Abdul Jalil.
In the Democratic Party, the figures facing off were insiders versus outsiders: Agus Harimurti Yudhoyono (AHY) versus Moeldoko. AHY is a party cadre, while Moeldoko is not. After the party\'s Extraordinary Congress (KLB) recently, Moeldoko received a mandate to become party chairman. The affirmation of his acceptance has further reinforced the accusation against him that Moeldoko indeed orchestrated the takeover of the Democratic Party.
Because Moeldoko is not a party cadre but he claims to be chairman of the Democratic Party, suspicions have grown wild.
In fact, it is not certain that Moeldoko\'s maneuver was approved by President Jokowi, his direct superior.
Moeldoko\'s position as a non-party cadre, complemented by his position as the President\'s chief of staff, has bred suspicion of a government intervention against the Democratic Party. In fact, it is not certain that Moeldoko\'s maneuver was approved by President Jokowi, his direct superior.
This assumption grew even stronger after the public began to discuss that there was a time when Moeldoko also wanted to become chairman of the Golkar Party. Reports have it that Moeldoko met Jusuf Kalla to ask for support. However, Jusuf Kalla closed the door, telling Moeldoko not “to enter someone\'s house”.
To become the general chairman of the Golkar Party, he must serve for several years as a cadre and an executive member.
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A month ago, when Moeldoko maneuvered to summon a number of cadres or former cadres of the Democratic Party, and was caught in the act, he still denied, saying that they came not to talk about taking over party leadership, but about social assistance. Now, Moeldoko and his supporters have claimed that he has become chairman of the Democratic Party. Then, what about his denial?
Party tribunal
Essentially, if there are internal party problems, let’s say there is dissatisfaction or disappointment from cadres or executive members, it should be resolved through the party tribunal. That is the stipulation in the Political Party Law. This is a standard mechanism that is a constitutional imperative of politicians. The drafters of the law created this mechanism so that party rifts could be resolved early through an internal mechanism.
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Moeldoko attended the Extraordinary Democratic Party Congress after being elected as General Chair, in Deli Serdang, North Sumatra, Friday (5/3/2021).
So that the independence of the party can be further maintained, it does not directly involve state intervention. So, in what direction is the Democratic Party fighting?
Moeldoko will definitely register himself and the composition of his party executive board members with the Law and Human Rights Ministry as soon as possible. The standard mechanism that exists after a new board member of a political party is formed and registered with the government is as follows: The Law and Human Rights Ministry will assess whether the party executive board is legal or not, based on the constitution of the political party. In this context, the Law and Human Rights Ministry will study as far as possible what is the mechanism of the political party in dealing with the change of executive board according to the statute of the political party.
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It is in this process that political interpretation often sets aside legal interpretation. And, when the political interpretation is in surplus, all possibilities may not be possible, and the impossibilities may become possible.
In the past, all endorsements for the political party executive board were carried out at the Home Affairs Ministry. At that time, many settlements were made solely by political considerations, which excluded legal considerations. Now, the registration of a political party executive board is carried out at the Law and Human Rights Ministry so that the focus of settlement of political party disputes focuses on mere legal considerations. That is what legislators mean.
Recent empirical experience shows that the government tends to approve the executive board of a political party resulting from extraordinary congresses. For example, the executive board of Agung Laksono, which was formed during the Golkar Party\'s KLB in rivalry against the executive board of Aburizal Bakrie. The government legalized the executive board of Agung Laksono.
The government also approved Romahurmuziy’s executive board, which was formed during the PPP extraordinary congress, compared to the executive board of Djan Faridz, which was
formed by the non-extraordinary congress. The latest case is the dispute between Tommy Soeharto and Muchdi PR in the Berkarya Party. The government legalized the executive board of Muchdi, which was formed as a result of the internal rift of the Berkarya Party.
If the legal path is taken, the two sides involved in the dispute must be ready for a marathon because the legal process that they are going through must be long.
Whatever the position of the government in the future, surely one of the parties will bring the government\'s decision into the realm of law. The court will decide which is legal: the executive board of Moeldoko or that of AHY. If the legal path is taken, the two sides involved in the dispute must be ready for a marathon because the legal process that they are going through must be long.
Both sides must prepare strong legal arguments. For now, AHY\'s legal argument is still very strong because the mechanism of organizing the extraordinary congress that led to the election of Moeldoko did not meet the party’s statute at all, among other things, it did not see proposals (of nomination) from the party\'s honorary council. Likewise, the proposals (of nomination) from regional and branch chapters are null.
General Chairman of the Democratic Party Agus Harimurti Yudhoyono in a press conference explained the Democrat\'s stance on the Democrat KLB in Deli Serdang, North Sumatra, Friday (5/3/2021).
Still in the legal argument, Moeldoko\'s side must work extra hard to argue later in court about changes to the party\'s statute (AD/ART). The constitution of the party was amended by an extraordinary congress, the legality of which is still in question. All of this will become elementary questions at the court later.
Government’s stance
Regardless of the legal arguments, Moeldoko\'s side must answer a political question: What about the rejection of the Democratic Party regional and branch chapter’s executive members, which is increasingly prevalent these days? They felt they had the right to vote at the party congress, but they have never given Moeldoko the mandate to lead them?
What is certain is that the three cases of internal party rift, the Golkar Party, the PPP and the Berkarya Party, when brought to court, the judges have always declared executive boards created through a congress or extraordinary congress as losers. The court has always sided with party executive boards established through a normal congress or congress.
I dismissed this possibility because Megawati had shown her neutrality in internal political party disputes.
In the conflict of the Democratic Party, some have tried to make a thesis: Megawati Soekarnoputri, the chairman of the Indonesian Democratic Party of Struggle (PDI-P), who is in fact at odds with Susilo Bambang Yudhoyono (SBY), will urge Justice and Human Rights Minister Yasonna Laoly, who is a PDI-P cadre, to legalize the executive board of Moeldoko. I dismissed this possibility because Megawati had shown her neutrality in internal political party disputes.
When she became president replacing Gus Dur, there was an internal PKB dispute, which pitted Gus Dur against Matori Abdul Jalil. Megawati did not intervene at all. As admitted by Yusri Ihza Mahendra, who was then law and human rights minister, he was never ordered by his superior, Megawati, to legalize which executive board she wanted.
Hamid Awaludin
What is clear is that whatever the decision of the law and human rights minister, it will answer the question: whether President Jokowi approves or disapproves of Moeldoko\'s movement to take over the leadership of the Democratic Party, from the hands of AHY, which was decided in a normal congress and has been legalized by the government. Let us wait for the next scene of the political drama in our country.
Hamid Awaludin, Former law and human rights minister, lecturer at the School of Law, Hasanuddin University, Makassar
(This article was translated by Kurniawan H. Siswoko).
