Golkar's dissolution legally unacceptable
MAKASSAR, South Sulawesi (JP): There is no legal basis for any power in this country to disband the Golkar Party, despite mounting demands for the party's dissolution, prominent lawyer Todung Mulya Lubis said here on Tuesday.
"Whatever the reason to disband Golkar, which ruled the country for more than 30 years, it would be unfair and would kill Golkar's political rights," he said on the sidelines of a one-day public discussion on political structure and the future elections organized by the Makassar Polling Centre and the Centre for Electoral Reform (Cetro).
"The 1945 Constitution guarantees the citizens' right to gather and establish organizations or unions," he said.
According to Todung, demands for the dissolution of Golkar have come too late. "Golkar legally joined the 1999 elections and have been participating in the current administration. So it would be very unfair to eliminate Golkar's political rights. Dissolving Golkar should have been conducted during the transitional government under president B.J. Habibie. It's too late now."
"The mounting demands for the party's dissolution does not mean that the party must be dissolved. The party has the right to exist based on the Political Party Law No. 39/1999. So it is a violation of the law to use force to disband Golkar," he said.
"Despite its legal existence Golkar has been challenged to introspect and purify itself from any elements which carry New Order sins. Golkar retains political sins it committed in the past," he said. "It's time for Golkar to revitalize and make corrections."
Anti-Golkar sentiment has been mounting in several regions, initiated by the vandalism of Golkar offices in Surabaya and other towns in East Java last month.
Most anti-Golkar rallies and vandalism of the party's assets were organized by those claiming to be supporters of President Abdurrahman Wahid.
Asked about the possibility of accelerating general elections to unseat the President, Todung said that it was the political party which won the 1999 election that should take the initiative for such a move.
"Does the Indonesian Democratic Party of Struggle (PDI Perjuangan) have the political calculation to seek ways to hasten the elections? We had early elections when Habibie was the president. But the election was manifested through the People's Consultative Assembly (MPR) special session."
He warned, however, that if the special session was held, it should not be used as a stepping stone for holding elections.
"The special session is held as a follow-up to the financial scandals in which the President was allegedly involved. In short, hastening the elections will be impossible." (27/sur)