"We are convinced the administrative courts panel of judges will not fulfill the ARB camps complaint because the decision letter of the justice minister over the dispute is legitimate and based on the law," Lawrence Siburian, the associate chairman of the Agung Laksono-led Golkar Party, said here on Monday.
In the session on Monday, chief judge Teguh Satya Bhakti revealed that the ruling over the partys leadership dispute would be read out on May 18.
Minister of Justice Yasona Laoly issued had a decree legitimizing Agung Laksonos leadership, which is considered to have been formed according to procedures and requirements.
However, ARB filed a lawsuit against the decision to the state administrative court (PTUN).
Siburian further noted that the justice minister had thoroughly taken into consideration the ruling made by the Central Jakarta court and the verdict of the West Jakarta court, according to which they had no authority to judge the decree because the absolute competency over the issue was in the hands of the Golkar Partys Tribunal (MPG).
While making the decision, the minister also took into consideration the decision of the MPG. "The decision of the MPG is final and binding, in line with article 32 paragraph 5, article 23 paragraph 2, and article 3A of Law Number 2 of 2011, which is the amendment of Law Number 2 of 2008," he explained.
These three factors convinced the camp that the court will not fulfill ARBs complaint, Siburian affirmed.
He added that the court has no authority to try the case in line with article 2 letter e of Law Number 5 of 1985, which was amended into Law Number 51 of 2009.
"It is stated that the PTUN has no authority to try the decision of a state administration official that has been made based on an examination by a tribunal in accordance with a law," he emphasized.
Under this context, he said the MPG is a lex specialis legal entity in line with Law Number 2 of 2011 to replace Law Number 2 of 2008.
Siburian also pointed out that the MPG was a legal entity with an absolute, autonomous, free and independent competency.
"The MPG was established by a lawmaker to specially tackle disputes in a political party and to reduce the burden of general courts, such as district courts and the PTUN. The MPG is part of the justice system, which is free and independent of intervention from legislative and executive bodies," he stressed.
The justice ministers decree is declaratory, Siburian remarked, which means it is not an object of the state administrative court.
"The ministers decree is declaratory, which means that the Indonesian minister of justice only records and announces the results of the MPGs decision. Its announcement has no legal consequences," he explained.
As the decree is not an object of a state administrative court, the PTUN has no authority to judge it.
"As a result, the PTUN must revoke its interim ruling Number 62/6/2015/PTUN dated Jakarta, April 1, 2015 (which called for the postponement of the implementation of the justice ministers decree)," he said.(*)