Rabu, 11 Maret 2015

GOLKAR ENTERS NEW PHASE OF INTERNAL SQUABBLES

 By Andi Abdussalam
          Jakarta, March 11 (Antara) - The former political machinery of the New Order government, the Golkar Party, entered a new phase of internal squabbles after Justice and Human Rights Minister Yasonna Laoly recognized one of its feuding factions on Tuesday.
         "After receiving a decision from the party's tribunal and studying it carefully, we decided to go with the party's tribunal decision to give recognition to the Central Executive Board formed in the Ancol congress in Jakarta," Laoly said in a news conference here on Tuesday.
         Last December, the Golkar party splintered into two camps, with one of its conflicting factions supporting Agung Laksono and the other remaining loyal to incumbent chief Aburizal Bakrie.
         Aburizal Bakrie was re-elected general chairman of the party when his Golkar camp organized a congress in Bali in December, while Agung Laksono was named chief of the other Golkar faction during a congress in Ancol, Jakarta, in the same month.
         Both Laksono and Bakrie claimed that they were the party's legitimate leaders.
         Since then, the country's oldest party had been split into two factions, with Bakrie leading a faction based on the party's congress in Bali and another under Laksono based on a Jakarta congress of the party.  


     Bakrie's attempt to win legitimacy through a court battle was rejected by the West Jakarta district court, and earlier, a similar attempt by Agung was turned down by the Central Jakarta district court.

         The two factions, therefore, had hoped to settle their dispute internally through the party tribunal.
         However, the party tribunal did not take any decision regarding Golkar's dual leadership as the four judges gave differing opinions.
         "The judges had different opinions, and so, they could not reach any agreement on the legitimacy of the two Golkar congresses," tribunal chairman Muladi remarked while announcing its results.
         Muladi noted that two judges, including himself and HAS Natabaya, were of the viewpoint that whoever was the winner of the cessation filed by Bakrie's camp with the Supreme Court (MA) should not take all positions in the party's leadership.
         Bakrie has filed a cessation with the MA to challenge the West Jakarta District Court's earlier rejection to process his lawsuit against Laksono's factional leadership. The West Jakarta District Court had rejected the lawsuit request as the case was supposed to be handled by the Golkar tribunal.
        While announcing the tribunal's decision, Muladi stated that tribunal had recommended the winning faction (in the MA court) to avoid the principle of "winner takes it all," and instead, it should appreciate the losing faction.
        However, on Tuesday, Justice and Human Rights Minister Yasonna H. Laoly noted that the government has decided to give its official recognition to the Golkar party under Laksono's leadership.
        The government's decision is in line with Law No.2 of 2008 on Political Parties, the minister pointed out.
        "We make the decision based on the law on political parties that the decision of a party's tribunal is final and binding," he affirmed.
        The decision is consistent with a letter sent by the minister on Dec. 15 in 2014 regarding the Bali Congress and the one in Ancol that the party's dispute should be settled internally through its tribunal.
         With regard to the lawsuit filed by Bakrie in the MA, the minister remarked that it is his right. The minister also confirmed that he would not come in the way of Bakrie's camp if it wants to challenge the government's decision by contesting it in the State Administrative Court (PTUN).
         "We have to make a decision," he repeated, adding that even for Agung Laksono and his faction, including secretary general Zainuddin Amali, there is a legal mechanism in place by approaching the PTUN if they were dissatisfied with the decision.
         "We play under a set of regulations. We just go by it," he said.
         Minister Laoly has also urged Laksono to immediately submit names for the central board, so that he can produce a decree on it.
         "We hope that the names can be submitted under a notary act to the Ministry of Justice and Human Rights. We will wait for Pak (Mr) Agung Laksono to set up the board in line with the decision of the party tribunal, so that we can produce a decree to legitimize it," he added.
         In the meantime, Yusril Ihza Mahendra, a lawyer of Bakrie's camp, stated that the decision of Justice and Human Rights Minister Laoly to recognize the Golkar leadership under Laksono was based on power and not the law.
         He remarked that the Golkar tribunal did not make any decision regarding the legitimacy of the two camps as the tribunal's judges had split opinions. After all, the Golkar leadership under Bakrie was now in the process of filing another lawsuit with the West Jakarta District Court.
         "This shows that the internal squabbles of the Golkar Party have yet to be settled," Mahendra pointed out.
         Hence, he said that under such circumstances, the justice and human rights minister does not have the right to recognize the leadership of Golkar under Laksono.
         Mahendra noted that the minister's actions indicated that the government was not independent but instead was taking sides with one of the feuding factions. He suspected that Agung's pro-government stance may be the reason for the minister making a quick decision to endorse his chairmanship.
         Constitutional observer Ismael Rumadhan of the Ambon Institute of Islamic Studies (IAIN) stated that the decision of Minister Laoly to recognize Laksono's leadership was strategic for the government of President Joko Widodo (Jokowi) and Vice President Jusuf Kalla (JK).
         "I have forecast since the beginning that Bakrie's camp will lose. Laksono's camp must have something at play. Thus, the minister's decision will benefit Jokowi and JK," Ramadhan pointed out.
         According to Ramadhan, a similar pattern had been observed some time ago in the case of the United Development Party (PPP) factional conflict. The justice minister finally recognized the PPP leadership under Romahurmuziy.
        "I have no intention to make a slander or to discredit anyone behind the conflicts within the Golkar Party and PPP. But, those who understand politics must know the players behind the political dynamism who aim to weaken the Red-White-Coalition (KMP which groups opposition parties)," stressed Ramadhan.
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(A014/INE/o001)
EDITED BY INE

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