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)