Practice Legal English 01
Practice Legal English 01Golkar in daze after court rulingThe
Jakarta Post, Jakarta | Headlines | Tue, May 19 2015A court
decision on Monday brought the settlement of months-long infighting
within the Golkar Party back to square one, risking both
conflicting camps not contesting the upcoming regional elections,
as a permanent solution may fail to meet the General Elections
Commissions (KPU) deadline for a resolution.
Expressions of happiness from dozens of supporters of Golkars
Aburizal Bakrie camp erupted at the Jakarta State Administrative
Court (PTUN) in Pulo Gebang, East Jakarta, as presiding judge Teguh
Satya Bhakti announced that the court had dismissed the leadership
of his rival Agung Laksono within Golkar.After weeks of hearings,
the court decided to annul a ministerial decree issued by Law and
Human Rights Minister Yasonna H. Laoly that had recognized Agung as
Golkar chairman, arguing that it stood on false grounds.
Nine experts [provided by both the plaintiff and defendant] had
dissented on whether Golkars tribunal had made a decision [favoring
Agungs camp]. The law and human rights minister was not within his
capacity to interpret the tribunals decision. [The ministry] can
issue a decree when there is no internal problem, judging panel
member Tri Cahya Indra read out the decision. But the spontaneous
euphoria did not last long as the court did not rule that the
Aburizal camp was the valid representative of the party.
The decision put Golkar back in limbo, which could also mean the
party is on the verge of being absent from the 269 regional
elections set to kick off concurrently in December. The number is
about half of the total regencies, municipalities and provinces in
Indonesia.The KPU has insisted on upholding its regulation, saying
that any political party experiencing an internal dispute cannot
participate in regional elections until there is a final and
binding court decision or a reconciliation between conflicting
camps by the end of June.
But reconciliation did not seem to be an immediate option for
the supporters of Agung, a former minister who was Aburizals deputy
in Golkar during the previous chairmanship.This is unfair. We
reject this decision. We are filing an appeal, Agung said while
rushing to his car.
An appeal will mean a longer judicial process to reach a final
decision. It could take more than a year, based on previous
cases.
Agungs lawyer, Lawrence Siburian, claimed that judges had
ignored many facts and testimonies presented before the court.The
law on political parties stipulates that only the party tribunal
has the right to make a decision on a partys internal conflict. It
was also ignored by the judges, as if the court had the right to
determine the decision of the partys council, he said.
The House of Representatives, which is dominated by the
opposition coalition to which Aburizal-led Golkar also belongs, has
attempted to persuade the KPU to relax its regulation to enable
Golkar, as well as the United Development Party (PPP), which is
also currently facing an internal dispute, to take part in the
regional elections.Due to the KPUs insistence, lawmakers of the
opposition parties have proposed an immediate revision to the
Regional Elections Law, which has practically not been applied to
guide any regional election since it was passed in February.
House speakers held a consultation meeting with President Joko
Jokowi Widodo to obtain the governments consent to revise the law
as well as the Political Parties Law.We, of course, hope that there
will be a final decision coming from the President. Lets just wait,
House Speaker Setya Novanto of Golkar, considered part of Aburizals
camp, said after the meeting at the Presidential Office, adding
that they believed Jokowi would take a wise stance on the
matter.
Cabinet Secretary Andi Widjajanto said the President had yet to
indicate his stance on the Houses amendment plan.The President has
listened to the [Houses] considerations they used as the basis to
revise [the two laws]. The President said it should first be
studied at the ministerial level.
Aburizals camp unilaterally decided to hold a congress in Nusa
Dua, Bali, late last year, which named Aburizal the partys chairman
for another five-year period.Claiming cheating and foul play from
Aburizals camp to block local pro-Agung representatives, Agungs
camp held its own congress a few weeks later. There he was declared
Golkars new chairman.
The best feasible option is to end the fight peacefully
otherwise none of the competing factions can nominate their
candidates, said Titi Anggraini, executive director of the
Association for Elections and Democracy (Perludem).(saf)
