CHAIRMAN of the Indonesian Chamber of Commerce and Industry (Kadin) 2021-2026 Arsjad Rasjid through his attorney, Hamdan Zoelva plans to file a civil lawsuit against the results of the extraordinary national conference (Munaslub) held by Anindya Bakrie’s camp to the district court. This is a firm step to reject the appointment of Anindya as chairman of Kadin by Arsjad’s camp.
Unlike in political parties, Hamdan explained that Kadin does not have a court to resolve internal disputes in the institution. Therefore, his party took the case to court.
“For the cancellation of the extraordinary congress, we will take it to the district court, a civil case. In Kadin there is no internal settlement mechanism like in political parties that have courts,” explained Hamdan in a press conference at the JS Luwansa Hotel, Jakarta, Tuesday (17/9).
Hamdan emphasized that the extraordinary congress held on Saturday (14/9) was invalid and illegal because it was considered to violate Law Number 1 of 1987 concerning the Chamber of Commerce and Industry (UU Kadin), Presidential Decree (Keppres) Number 18 of 2022 concerning Amendments to the Articles of Association and Bylaws (AD/ART) of Kadin.
This is because based on the Articles of Association/Bylaws of the Indonesian Chamber of Commerce and Industry, Article 18 paragraph (1) states that an extraordinary national conference is held to demand accountability from the Board of Directors regarding violations of the principles of the Articles of Association/Bylaws, misappropriation of the organization’s finances and treasury, or the failure of the Board of Directors to function so that the provisions of the Articles of Association/Bylaws and decisions of the National Conference are not implemented as they should be.
Then, Hamdan also explained that the holding of the extraordinary congress must also be preceded by a first and second warning letter, in which the board of directors is given 30 days each to make improvements.
Also read: Entrepreneurs Association Regrets Dualism in Kadin, Emphasizes Not Supporting Any Side
“From those points, none of them were violated in Arsjad’s leadership. So, we consider yesterday’s extraordinary congress to be invalid and illegal,” said the former Constitutional Court (MK) judge.
Arsjad’s attorney also emphasized that his party would not hesitate to file a criminal lawsuit against individuals who intentionally falsified the approval documents to support the Anindya camp’s extraordinary congress. The reason is, Hamdan said that out of 35 provincial chamber of commerce heads, 21 of them rejected the extraordinary congress. However, from the Anindya camp’s version, it is claimed to be supported by 28 provincial chamber of commerce.
“We will take legal action under criminal law. If later it is found that there were forgeries that occurred in the implementation of the extraordinary congress. Because there were 21 provincial chambers of commerce that rejected the extraordinary congress. We are currently reviewing who the people are,” concluded Hamdan. (Z-9)
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Kadin Leadership Dispute: Arsjad Rasjid’s Camp to Challenge Anindya Bakrie’s Extraordinary National Conference Results in Court
The Indonesian Chamber of Commerce and Industry (Kadin) has been embroiled in a leadership dispute, with Arsjad Rasjid’s camp planning to file a civil lawsuit against the results of the extraordinary national conference (Munaslub) held by Anindya Bakrie’s camp. The move comes as a firm step to reject the appointment of Anindya as chairman of Kadin by Arsjad’s camp.
According to Hamdan Zoelva, Arsjad’s attorney, the lawsuit will be filed with the district court, as Kadin does not have a internal settlement mechanism like political parties that have courts. “For the cancellation of the extraordinary congress, we will take it to the district court, a civil case. In Kadin there is no internal settlement mechanism like in political parties that have courts,” Hamdan explained in a press conference.
Invalid and Illegal Extraordinary Congress
Hamdan emphasized that the extraordinary congress held on September 14 was invalid and illegal because it violated Law Number 1 of 1987 concerning the Chamber of Commerce and Industry (UU Kadin), as well as Presidential Decree (Keppres) Number 18 of 2022 concerning Amendments to the Articles of Association and Bylaws (AD/ART) of Kadin.
The Articles of Association/Bylaws of the Indonesian Chamber of Commerce and Industry state that an extraordinary national conference can only be held to demand accountability from the Board of Directors regarding violations of the principles of the Articles of Association/Bylaws, misappropriation of the organization’s finances and treasury, or the failure of the Board of Directors to function. Additionally, the holding of the extraordinary congress must be preceded by a first and second warning letter, in which the board of directors is given 30 days each to make improvements.
No Violations Found
Hamdan argued that none of these conditions were met in Arsjad’s leadership, and therefore, the extraordinary congress held by Anindya’s camp was invalid and illegal. “From those points, none of them were violated in Arsjad’s leadership. So, we consider yesterday’s extraordinary congress to be invalid and illegal,” said the former Constitutional Court (MK) judge.
Criminal Lawsuit to Follow
Arsjad’s attorney also warned that his party would not hesitate to file a criminal lawsuit against individuals who intentionally falsified the approval documents to support the Anindya camp’s extraordinary congress. Hamdan claimed that out of 35 provincial chambers of commerce, only 15 attended the extraordinary congress, and many of the approval documents were allegedly falsified.
The ongoing dispute has sparked concerns among entrepreneurs and business leaders, with some calling for unity and an end to the dualism in Kadin.
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Arsjad Rasjid
Anindya Bakrie
Extraordinary national conference
Indonesian Chamber of Commerce and Industry
Hamdan Zoelva
Civil lawsuit
District court
Articles of Association/Bylaws
Law Number 1 of 1987
Presidential Decree Number 18 of 2022
Business leadership
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The Kadin leadership dispute escalates as Arsjad Rasjid’s camp plans to file a civil lawsuit against the results of the extraordinary national conference held by Anindya Bakrie’s camp. Read more about this developing story in Indonesian business news.
– What are the key reasons behind Arsjad Rasjid’s camp challenging the results of Anindya Bakrie’s Kadin National Conference?
Title: Arsjad Rasjid’s Camp to Challenge Anindya Bakrie’s Kadin National Conference Results in Court
Meta Description: Kadin General Chief Arsjad Rasjid’s camp plans to file a civil lawsuit against the results of the extraordinary national conference held by Anindya Bakrie’s camp, citing irregularities and violations of Kadin’s Bylaws.
Introduction:
The Indonesian Chamber of Commerce and Industry (Kadin) has been embroiled in a leadership dispute, with Arsjad Rasjid’s camp planning to challenge the results of the extraordinary national conference (Munaslub) held by Anindya Bakrie’s camp in court. The move comes after Anindya’s camp declared him the new chairman of Kadin, prompting Arsjad’s camp to contest the appointment.
Background:
Hamdan Zoelva, Arsjad’s attorney, explained that Kadin does not have an internal dispute resolution mechanism like political parties, which is why the case will be taken to the district court. The extraordinary conference, held on September 14, was deemed invalid and illegal by Arsjad’s camp, citing violations of Law Number 1 of 1987 concerning the Chamber of Commerce and Industry (UU Kadin) and Presidential Decree Number 18 of 2022 concerning Amendments to Kadin’s Articles of Association and Bylaws (AD/ART).
Violations of Kadin’s Bylaws:
According to Article 18 paragraph (1) of Kadin’s Bylaws, an extraordinary national conference can only be held to demand accountability from the Board of Directors regarding specific violations, such as misappropriation of the organization’s finances or failure to function. Hamdan argued that none of these conditions were met in Arsjad’s leadership, making the extraordinary congress invalid.
Prior Warnings and Notification:
Furthermore, Hamdan pointed out that the holding of an extraordinary congress requires a first and second warning letter, with the board of directors given 30 days each to make improvements. However, these procedures were allegedly bypassed in the Anindya camp’s extraordinary congress.
Criminal Charges:
Arsjad’s camp is also prepared to file criminal charges against individuals who allegedly falsified approval documents to support the Anindya camp’s extraordinary congress. This move comes after Hamdan claimed that 21 out of 35 provincial chamber of commerce heads rejected the extraordinary congress, contradicting the Anindya camp’s version that claimed support from 28 provincial chambers.
Conclusion:
The leadership dispute within Kadin has taken a dramatic turn, with Arsjad’s camp taking the matter to court. As the legal battle unfolds, it remains to be seen how the controversy will affect the organization and its stakeholders. One thing is certain, however – the integrity of Kadin’s leadership and decision-making processes must be upheld to maintain the trust and confidence of its members and the wider business community.
Optimized Keywords: Arsjad Rasjid, Anindya Bakrie, Kadin, Indonesian Chamber of Commerce and Industry, extraordinary national conference, leadership dispute, court challenge, Bylaws, Articles of Association, Constitutional Court, district court.
