PBB Bali Congress VI Challenges Law Minister's Authority on Political Party Approval to Constitutional Court
The Central Executive Board (DPP) of the Star Moon Party (PBB) from the Bali Congress VI has submitted a judicial review application to the Constitutional Court (MK). They are challenging the authority of the Law Minister in approving changes to political party leadership, which they deem excessively broad and open to abuse.
PBB General Chairman, Gugum Ridho Putra, stated that they are testing Law No. 2 of 2008 on Political Parties and its amendments in Law No. 2 of 2011. The lawsuit concerns the Law Minister’s authority to approve central-level party leadership.
“Today, we submit that the DPP of the Star Moon Party from the Bali Congress VI has filed a judicial review application with the Constitutional Court,” said Gugum at the MKRI building in Central Jakarta on Monday (20/4/2026).
Gugum explained that this legal step is driven by internal dynamics within PBB. He noted that they had first submitted changes to the leadership structure to the Ministry of Law on 9 March 2026. However, another faction later emerged claiming the results of the Party Council Deliberation (MDP) and also submitted an approval request.
According to him, under administrative law principles, the party that submits first should have priority rights. “Under public law, the one who submits first should be given priority rights,” he said.
Gugum assessed that the leadership from the Bali Congress VI is a legitimate product because it emerged from the party’s highest forum. In contrast, he stated that the MDP held by the other faction is invalid because it does not comply with the Articles of Association/House Rules (AD/ART).
“The MDP was organised not by the DPP, but by the Provincial Executive Board (DPW). Furthermore, it cannot prove that the General Chairman is permanently incapacitated,” he explained.
Furthermore, Gugum revealed that they had heard reports that the Law Minister had issued a decree (SK) approving the MDP faction. However, to date, he said, there is no physical evidence of that SK shown.
“Neither from the Minister’s side nor from that faction has the approval SK ever been shown. We have also officially requested clarification, but there has been no response,” he stated.
In their application to the MK, PBB requests that the Law Minister’s authority in approving party leadership be limited. Gugum viewed this authority as highly susceptible to abuse for certain political interests.
“The approval authority has great potential for abuse, which can be used for political sidelining, party splitting, or even hijacking political parties,” said Gugum.
He cited several internal party conflicts that led to disputes, such as in the Golkar Party, PPP, Hanura, and the Berkarya Party. Therefore, PBB proposes changing the Law Minister’s role to merely recording changes in leadership, not approving them.
In the future, the approval decree is proposed to be replaced with a certificate of registration.
“So the Minister only needs to record the legal event, not determine who is legitimate,” he emphasised.
Gugum also proposed a mechanism for an open objection period after registration is done. If disputes still arise, resolution would be brought to the Constitutional Court.
“The Constitutional Court’s decision is final and binding, and conducted openly,” he stated.
In addition, PBB requests that the MK affirm the Party Court is ineffective in resolving dual leadership disputes. According to him, various cases show the Party Court is unable to resolve internal conflicts.
“From Golkar to Berkarya and now PBB, none have been resolved in the Party Court,” he added.