The Supreme Court (MA) decided to reject a judicial review (PK) regarding the Democratic Party management conflict proposed by Moeldoko.
“Reject,” read the verdict as quoted by Tempo from the Supreme Court website, Thursday, August 10, 2023.
The PK submission submitted by the Moeldoko camp was registered with case number 128 PK/TUN/2023. The members of the panel of judges who decided on this case were Lulik Tri Cahyaningrum and Cerah Bangun. As for the Substitute Registrar, Adi Irawan.
This PK started when Moeldoko was elected as the Democratic Party’s chairman based on the KLB in Deli Serdang, North Sumatra in March 2021.
The Deli Serdang KLB was initiated by former Democrat cadre who had been sacked, Darmizal.
Agus Harimurti Yudhoyono (AHY), who is the general chairman of the Democratic Party, then stated that the KLB was illegal and unconstitutional. The reason was that the KLB was held not in accordance with the provisions of their Statutes/Bylaws (AD/ART).
Minister of Law and Human Rights Yasonna Laoly, stated that the government rejected the application for ratification of the Democratic management submitted by the Moeldoko camp. The reason is because it is considered that the Democrats from the Moeldoko camp do not yet have complete documents.
After being rejected by the Ministry of Law and Human Rights, the Moeldoko camp then sued the AD/ART used by the Democrat AHY camp to the Central Jakarta District Court (PN).
The AD/ART contains a stipulation that an outbreak must be approved by the Chairman of the Party’s High Council, namely Susilo Bambang Yudhoyono. This was later questioned by the Moeldoko camp.
However, the lawsuit was dismissed after his party did not fulfill the court summons up to three times.
It didn’t stop there, Moeldoko’s party sued Menkumham Yasonna Laoly to cancel the SK AD/ART and the management of the Democratic Party as a result of the 2020 Congress to the State Administrative Court (PTUN).
Unfortunately, again Moeldoko’s efforts failed. PTUN stated that they rejected the lawsuit. The Administrative Court also rejected the appeal made by the Presidential Chief of Staff.
Bringing Lawsuit to MA
Not wanting to give up, the Moeldoko camp then sued Yasonna and AHY to the Supreme Court.
However, on September 22, 2022 the Supreme Court rejected the cassation submitted by Moeldoko regarding Yasonna’s decision regarding the Deli Serdang KLB.
Afterwards, Moeldoko submitted a PK to the Supreme Court on May 15 2023. They claimed to have four new pieces of evidence or novum that they would submit at the PK level.
The Supreme Court also decided to reject the PK proposed by the Moeldoko camp.
Thus, the management of the Democratic Party’s version of AHY remains the one whose legitimacy is recognized. On the other hand, the management of the Democrat Party in the Deli Serdang KLB version, which was carried out by the Moeldoko camp, was illegitimate.
THE NAIS IS OFFICIAL EDITOR ON NAIS NEWS