Law doesn't allow govt to intevene in PDI: Expert
Law doesn't allow govt to intevene in PDI: Expert
SURABAYA, East Java (JP): The country's law does not empower the government to intervene in the internal affairs of political parties, an expert on constitutional law said yesterday.
Philippus M. Hadjon of the School of Law of the University of Airlangga refuted claims by some politicians and political scholars that East Java Governor Basofi Soedirman has the legal power to intervene in the current conflict within the East Java chapter of the Indonesian Democratic Party (PDI).
The pro-intervention proponents argued Basofi could invoke Law No. 5/1974 on the executive powers of regional administration, which recognizes him as the province's chief supervisor for all political organizations.
Philippus argued that the 1974 legislation does not extend to intervening in what is essentially the internal dispute of PDI, which he said, should be resolved by the party itself.
Two camps have been contesting the right to lead the minority party in East Java. One is headed by Latief Pudjosakti, a staunch opponent of PDI chairperson Megawati Soekarnoputri, and the other headed by Soetjipto, who has Megawati's support.
Basofi refused to recognize either camp and in January decided to leave empty the PDI seat in the provincial election committee for next year's election. Now with the election approaching and with no signs of reconciliation, the governor has come under pressure to rule one way or another.
Hundreds of Latief supporters marched to Basofi's office this week to demand recognition. A number of political scholars such as Amir Santoso are among scholars who suggested that Basofi has the power to decide for the party under the 1974 law.
Law
Philippus said the 1974 law does not empower the governor to decide the composition of the party's executive board. "The governor does not even have the power to decide the election procedure, let alone the board's lineup."
He stressed that Basofi's decision not to recognize Soetjipto's board has already amounted to intervention in PDI's affairs. "This is against the law," he said.
Basofi has defended his decision not to recognize Soetjipto's board, pointing out that Latief, who chaired the East Java chapter until the last congress in 1994, still commands strong support from PDI's rank and file in the province.
Philippus said the final power in such a conflict must rest with the PDI Central Executive Board headed by Megawati.
Now that the central board has decided that the matter is resolved with the appointment of Soetjipto, the governor must respect this, he said. (15/emb)