HIMKI Sues the Ministry of Law and Human Rights to Stop ASMINDO's Activities

JAKARTA - The Indonesian Furniture and Crafts Industry Association (HIMKI) is suing the Ministry of Law and Human Rights (Kemenkumham) for giving permission to ASMINDO to carry out its activities to date. In fact, ASMINDO merged with AMKRI into one and formed a new organization called HIMKI in May 2016.

"Because there are still activities from parties still acting in the name of ASMINDO, HIMKI decided to take legal action through the State Administrative Court or PTUN with the aim of preventing confusion of information internally and externally which would actually hamper the development of the furniture and crafts sector in Indonesia as a whole," said Chairman of the HIMKI Presidium, Abdul Sobur. after attending the trial at PTUN Jakarta, Monday (21/08/2023).

With the activities of parties still acting in the name of ASMINDO, HIMKI decided to take legal action through the State Administrative Court or PTUN with the aim of preventing confusion of information internally and externally which would actually hinder the development of the furniture and crafts sector in Indonesia as a whole. whole.

"Kemi does not prohibit the activities of an organization, but it cannot use the name of an organization that has previously merged with another organization and formed a new organization. They have to use another name," he said.

According to Sobur, the filing of the Legal Entity Lawsuit Case Number 156/G/2023/PTUN.JKT at the Jakarta State Administrative Court was between the HIMKI Association as the Plaintiff, the Indonesian Ministry of Law and Human Rights as the Defendant and the ASMINDO Association as the Second Intervening Defendant.

Currently the trial process or stage has been included in the evidentiary hearing agenda of the Parties at the Jakarta State Administrative Court.

"It is hoped that the results of the trial will be in accordance with administrative provisions referring to applicable legislation so that it becomes a binding decision and must be obeyed by all parties," he said.

The trial, which has entered its eighth week, is chaired by Chief Judge Dikdik Somantri, S.H., S.SP., M.H, with Dual Member Judges Kurniawan, S.H, Dwika Hendra Kurniawan, S.H., M.H and Registrar Diah Kumalasari, S.H., M.H.

Sobur explained that the filing of the lawsuit could not be separated from several reasons as follows: First, that HIMKI filed the lawsuit because HIMKI was a legal entity that was previously founded from two organizations, namely ASMINDO and AMKRI, which merged into one and formed a new organization, namely HIMKI.

Second, that ASMINDO and AMKRI on May 31 2016 merged or dissolved their legal entity organizations and merged themselves to form a new legal entity called HIMKI.

Third, that ASMINDO is registered with the Ministry of Law and Human Rights of the Republic of Indonesia with SK Number AHU-0001857.AH.01.08. 2022 Regarding Approval of Amendments to the Articles of Association of the ASMINDO Association dated 11 October 2022 and AMKRI with SK Number AHU177.AH.01.07 of 2014 dated 20 May 2014, ASMINDO and AMKRI have dissolved/merged themselves and should not be able to exist again, be cancelled, so that ASMINDO (Object The legality of the dispute) must be revoked and dissolved in order to create legal certainty and order.

Fourth, that ASMINDO's actions by reviving the association and forming a new management have violated the mutual agreement of the Memorandum of Understanding (MoU) on the Merger of Two Furniture and Crafts Associations in Indonesia dated April 20 2016 in the formation of HIMKI and the use of the name ASMINDO is contrary to the law and contrary to Article 31 paragraph (1) Law no. 17 of 2013 concerning Community Organizations which states "Managers who resign or are dismissed from management cannot form management and/or establish the same mass organization."

"The HIMKI Association has evidence that supports the arguments of the lawsuit and has prepared witnesses to the history of the founding of HIMKI from two organizations that have been merged into one, namely ASMINDO and AMKRI," stressed Sobur. Buyung N

Source: agroindonesia.co.id