Regarding Yusril's Lawsuit against Democrats
Constitutional law experts provide input regarding the steps taken by lawyer Yusril Ihza Mahendra to sue AD/ART through a Judicial Review at the Supreme Court (MA).
Yusril's legal move was criticized because it was feared that it could potentially lead to legal chaos.
The Director of the Center for Constitutional Studies at Andalas University, Feri Ansari, emphasized that the Supreme Court (MA) was not authorized to examine the AD/ART of political parties because of the nature of decisions that were not under the law. concerned," he said, Wednesday (6/10/2021).
According to him, the central figures of political parties are also not only in the Democratic Party but also in other parties including Yusril who is still the General Chair of the Crescent Star Party (PBB).
"In addition, the party entitled to file a lawsuit must be a cadre from the party concerned," he said. Meanwhile, he continued, the four people who filed a judicial review lawsuit to the Supreme Court were no longer cadres of the Democratic Party.
They have been fired by the General Chairperson of AHY for attending the KLB in Deli Serdang.
"Imagine that all citizens will be able to test the AD/ART of any political party. The stability of political parties will be disturbed," said Feri. The potential for legal anarchism has also attracted the attention of a law lecturer from the Indonesian Islamic University in Yogyakarta, Dr. Luthfi Yazi.
"If the Supreme Court grants JR against the ART of the Democratic Party, this will open the gates of legal anarchism, because everyone can apply for JR against the AD/ART of a Political Party or its organization thereby denying legal certainty," said Dr. Luthfi Yazid who is also the Vice President of the Indonesian Advocates Congress (KAI),
According to him, AD/ART is an internal agreement of a political party, while what can be submitted for a judicial review is a regulation made by an official authority for the public interest.
Dr. Luthfi explained that there are at least three aspects why AD/ART is not the object of JR in the Supreme Court, namely the existence of norms, relations, and their implications.
“What Yusril Ihza Mahendra did was not a legal breakthrough, but a logical fallacy. Is this also supposed to be considered as intellectual manipulation?” said Dr. Lutfi Yazid.
Hamdan Zoelva,
The former chairman of the Constitutional Court (MK) of the Republic of Indonesia (RI), Hamdan Zoelva, was appointed by the Democratic Party as his legal representative against Yusril Ihza Mahendra who sued the party's AD/ART.
This was said by the Spokesperson and Head of the Strategic Communications Agency (Bakomstra) of the Democratic Party, Herzaky Mahendra Putra.
Herzaky said that the Democrats considered Hamdan Zoelva to have maintained credibility and integrity as a legal expert. In addition, the Chairman of the Democrats, Agus Harimurti Yudhoyono (AHY), has the same views as Hamdan Zoelva regarding democracy. . The one who leads our legal team is Hamdan Zoelva," said Herzaky during a special interview with Tribunnetwork News Director Feb by Mahendra Putra and Tribunnetwork News Manager Rachmat Hidayat, Tuesday (5/10/2021).
Herzaky also said that the similarity of views is also related to the law must be the commander, justice and legal certainty must be the main thing, not politics.
"Well then the results of discussions with several friends, the Ketum AHY then after dialogue and discussions with Hamdan Zoelva felt very suitable, regarding his integrity, credibility, expertise as a former Chief Justice of the Constitutional Court," he continued.
So, who is the figure of Hamdan Zoelva? Then quoted from more.id, young Hamdan Zoelva is known as an active figure, even he has studied at two places at once, namely the Faculty of Law, Hasanuddin University (Unhas), and the State Islamic Institute (IAIN). During his student days, Hamdan was known as an activist in various student organizations, including the Islamic Student Association (HMI). In that organization, he served as the Chairman of the Coordinating Board for the East Indonesia HMI.
After graduating from the Faculty of Law Unhas, Hamdan had taught as an assistant lecturer at his alma mater, as well as the Syari'ah Faculty during the period 1986-1987.
Unexpectedly, his great passion for legal education had to run aground because he failed the examination for prospective lecturers at Unhas, so that road led him to move to Jakarta. Arriving in the capital, he started his career in law by joining the O.C. attorney's office. Kaligis & Associates, mid 1987. Armed with nearly three years of experience at the senior attorney's office, he and his friends decided to set up his law firm.
Stand by Sri Haryanti Akadijati, Poltak Hutajulu, Juniver Girsang, Hamdan Zoelva & Januardi S. Haribowo (SPJH&J) Law Firm.
In 1997, he left the law firm to set up the lawyer's office Hamdan, Sujana, Januardi & Partner (HSJ & Partner).
Seven years later, together with Januardi S. Haribowo, he opened Hamdan & Januardi Law Firm.
The profession that has been part of Hamdan's life for more than two decades was finally abandoned, shortly before he took the oath as a constitutional judge in early 2010. Until finally, he served as Chief Justice of the Constitutional Court with a term of office from 2013 to 2015. Hamdan Zoelva is a politician who founded The Crescent Star Party (PBB), in the 1998-1999 reform era.
The party was founded together with leaders of Islamic organizations who are members of the Ukhuwah Islamiyah Forum (FUI).
He was also appointed deputy secretary-general.
In 1999, Hamdan was elected as a member of the DPR representing his hometown, West Nusa Tenggara province. The organizational experience that Hamdan has cultivated since high school has made the Deputy Chairman of the ASEAN Muslim Youth Secretariat (AMSEC) entrusted with being the Secretary of the UN Faction of the DPR.
In addition, he was also sent by his party to sit on the Deliberative Body (Bamus) of the DPR. He is also the Deputy Chairman of Commission II of the House of Representatives for Law and Politics.
