Organizations Must Comply with the Articles of Association/Bylaws |
In a week, there were two decisions by the General Chairperson of the Aceh Party and also the Governor of Aceh (Indonesia), Muzakir Manaf, regarding the appointment of the secretary general of the local party. Previously, Mualem, Muzakir Manaf's nickname, appointed Aiyub Abbas as Secretary General of the Aceh Party DPP based on a letter numbered: /DPP/B/PA/IV/2025, dated April 9, 2025.
Six days later, a decree was issued numbered: 122/ST-DPP/B/IV/2025 dated April 15, 2025 regarding the appointment of Zulfadhli as acting Secretary General of the Aceh Party DPP. How do cadres, the government, and sympathizers respond to the two decisions?
To the media, Zulfadhli also stated that he was the acting Secretary General of the Aceh Party DPP.
"My job is to run the organization until the definitive secretary general is appointed and approved by the Aceh Ministry of Law Regional Office," he told the media crew.
From this statement, it is clear that Zulfadhli's main task is to complete the new management of the Aceh Party for the 2023-2028 period to obtain approval at the Aceh Ministry of Law Regional Office. However, so far the Aceh Kemenkum Regional Office has not received the Aceh Party management files.
Responding to the confusing news, Aceh Party Spokesperson Nurzahri denied the change of the Aceh Party Secretary General. According to him, administratively the process of appointing Aiyub Abbas has not been completed at the Aceh Kemenkum Regional Office. However, within the party the change has been in effect.
With the statement of Zulfadhli who is also the chairman of the Aceh DPR and the denial from the Aceh Party spokesperson, it is difficult to deny the chaos in the appointment of the secretary of the winning party in the 2024 Election in Aceh. There have not been two letters of appointment for the secretary general and the acting secretary general that were both signed by Muzakir Manaf as the party chairman.
As a political organization, the decisions taken cannot be separated from political interests and considerations. However, compliance with internal regulations, in this case the party's Articles of Association and Bylaws, must be complied with by all parties, including party leaders!
The Articles of Association and Bylaws or AD/ART are the internal legal basis of political parties that regulate all aspects of organizational life, including the replacement of leadership elements. When the AD/ART are ignored, the political party does not have a strong foundation. Decisions are taken based solely on the interests of the leadership. This attitude actually weakens the legitimacy of the political party and its leaders.
Disobedience to the sanctity of the AD/ART not only causes internal conflict, but also reduces the trust of the people who have chosen the political party in question.
Don't forget, one of the goals of establishing a political party is to provide political education to the public. What kind of political education does the public get from a political party that tramples on its own regulations?
Constitutional Court Judge, Prof. Dr. Saldi Isra, said that the party's AD/ART is part of private law that has internal binding power. The AD/ART must be the main guideline in resolving internal party disputes.
In line with that, constitutional law expert, Refly Harun, said that in internal conflicts, the first thing that judges or state authorities look at is the party's AD/ART. According to him, if there is a decision that is not in accordance with the party's AD/ART, then the decision is legally flawed.
Well, it would be better for the Aceh Party administrators to return to the party's AD/ART in resolving the "dualism" of the secretary general.[]
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Curated by @miftahulrizky
Thank a lot @miftahulrizky...
typo
Berati itu nggak copy paste, pasti,,,,