Alwi Shihab loses in PKB legal battle
The Jakarta Post, Jakarta
The South Jakarta District Court ruled on Wednesday that last year's dismissal of chief welfare minister Alwi Shihab as the National Awakening Party (PKB) leader was legitimate.
"We refuse the plaintiff's request and declare that his dismissal as the PKB leader was legal," judge I Wayan Rena Wardhana told the court.
Alwi sued the PKB central board for removing him from the party's top post last October after joining the Cabinet of President Susilo Bambang Yudhoyono.
The current coordinating minister for people's welfare claimed that his dismissal was illegal because the decision was made only through a plenary meeting of the PKB central board, not a national leadership congress.
The party's central board, now led by House of Representatives deputy speaker Muhaimin Iskandar, said Alwi was sacked as the leader for violating the party's policy prohibiting its executives from serving government posts.
Saying that the dismissal was in accordance with the party's policy, the court also ordered Alwi to stop acting like the legitimate PKB leader.
The minister was also barred from wearing PKB pins while carrying out his political activities.
The court cited Alwi's absence from the Oct. 27, 2005 plenary meeting of the PKB central board, which decided to drop him, as evidence that he could not properly devote time as the party leader.
Alwi sent a letter to the party's board, apologizing for his absence at the meeting due to his busy schedule as the minister.
"With that in mind, we can conclude that if Alwi held both positions, he could not fully concentrate on the party's leadership," argued Wardhana.
Responding to the verdict, Alwi's lawyer, Ariano Sitorus, said that his client would immediately file an appeal with the Supreme Court.
"We respect the decision, but we will appeal because there are many factors that the judges did not take into consideration," he said as quoted by Antara.
Last April, its national congress in Semarang, Central Java, the PKB elected Muhaimin Iskandar to replace Alwi who was not invited to attend.
Rejecting the results of the congress, Alwi and State Minister for the Development of Disadvantaged Regions Saefullah Yusuf, who was also dismissed as the PKB secretary general for similar reasons, established a splinter faction of the party.
Saefullah also filed a separate lawsuit with the same court against his removal. The court is expected to issue a decision on that case soon.
Wednesday's trial was attended by hundreds of pro-Alwi and pro-Muhaimin supporters under heavy police guard.
Pro-Muhaimin supporters cheered the verdict, as their rivals peacefully boarded their buses to leave.
In East Java, several of Muhaimin's supporters shaved their heads to celebrate.
Separately, Muhaimin said that following the court decision, the party was exploring the possibility of recalling several pro- Alwi supporters from their positions as House of Representatives members.