Dissolution Of Political Parties Research Articles

Analysis of the Authority of the Constitutional Court in Reviewing Laws

The authority of the Constitutional Court is a separate study in this article. The authority of the Constitutional Court in accordance with the provisions of Article 24C Paragraphs (1) and (2) is to adjudicate at the first and final level to test laws against the Constitution, decide disputes over the authority of state institutions whose authority is granted by the Constitution, decide on the dissolution of political parties and decide disputes regarding the results of general elections. . Apart from that, the Constitutional Court can also give decisions to the DPR if they commit violations and also the President and Vice President who are submitted to the Constitutional Court

Authorities Of The Constitutional Court In Dissoluting Political Parties

Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, hereinafter referred to as the 1945 Constitution of the Republic of Indonesia states that, the Constitutional Court has the authority to try at the first and final levels whose decision is final to review laws against the Constitution, decide on disputes over the authority of state institutions whose powers are granted by the Constitution, decide on the dissolution of political parties, and decide on disputes about the results of general elections. The dissolution of political parties through this legal aspect is the result of the third amendment to the 1945 Constitution of the Republic of Indonesia. Previously, the dissolution of political parties was carried out by the government. The dissolution of political parties through legal channels is a consequence of the statement that Indonesia is a state of law. This is also due to the provisions of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that Sovereignty is in the hands of the people and implemented according to the Constitution. The provisions of Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia constitute a shift from the supremacy of the People's Consultative Assembly to the supremacy of the Constitution The research method used in this study is a normative juridical research method, which means that this research uses legal norms as a means to analyze problems. While the approach method in this study uses: statute approach, conceptual approach, historical approach, and comparison approach. To analyze in this research is to use the interpretation of legal systematics.The conclusion will answer the problems raised in this study.

Pengisian Kekosongan Kursi Anggota Legislatif dari Partai Politik yang Dibubarkan oleh Mahkamah Konstitusi

Political parties are an important component in Indonesia's democratic political system. Political parties are needed because they have a position and role as a strategic liaison between government processes and the citizens. The dissolution of political parties carried out by the Constitutional Court can have an impact on vacant legislative member seats. The formulation of the problem of this research is what is the mechanism for filling vacancies in legislative seats resulting from the dissolution of political parties by the Constitutional Court? This is a normative juridical with a statutory approach. The data collection technique used is through document and literature studies of secondary data in the form of primary, secondary and tertiary legal materials. The results of this research conclude that filling vacancies in legislative seats as a result of the dissolution of political parties by the Constitutional Court can be done using a plebiscite mechanism.

The Dissolution of Political Parties as Sanctions for Corruption Crimes

Corporate criminal responsibility in corruption and money laundering committed by political parties as corporations. This corruption crime stems from political parties committed by their members. However, in practice, it is difficult to identify the actions of members of political parties as actions that can be accounted for by political parties. The main problem in this study is the sanction of dissolution of political parties as corporations that have been proven to commit criminal acts of corruption and money laundering as a form of criminal responsibility from political parties. The research method used in this study is a statutory, analytical, and conceptual approach. The legal materials in this study come from secondary data, including primary, secondary, and tertiary legal materials. Based on the results of this study, it can be seen that the Constitutional Court can only carry out the dissolution of a political party as a corporation. The decision of the District Court Judge that was handed down was used as a reference for the application by the government through the attorney general and/or the Minister whom the President had appointed to submit a request for its dissolution to the constitutional court. The execution of the dissolution is in the hands of the Constitutional Court according to its authority. Pertanggungjawaban pidana korporasi dalam tindak pidana korupsi dan pencucian uang yang dilakukan oleh partai politik sebagai korporasi. Tindak pidana korupsi ini berasal dari partai politik yang dilakukan oleh anggotanya. Akan tetapi dalam prakteknya sulit mengidentifikasi perbuatan anggota partai politik menjadi perbuatan yang dapat dipertanggungjawabkan kepada partai politik. Pokok permasalahan dalam penelitian ini adalah sanksi pembubaran partai politik sebagai korporasi yang telah terbukti melakukan tindak pidana korupsi dan pencucian uang sebagai bentuk pertanggungjawaban pidana dari partai politik.Metode penelitian yang digunakan dalam penelitian ini adalah melalui pendekatan perundang-undangan (Statue Aproach), pendekatan analisis (Analytical Approach), pendekatan konseptual (Conceptual Approach), Sumber bahan hukum yang terdapat dalam penelitian ini berasal dari data sekunder yang mencakup bahan hukum primer, sekunder, dan tersier. Berdasarkan hasil penelitian ini dapat diketahui bahwasannya Pembubaran partai politik sebagai korporasi hanya dapat dilakukan oleh Mahkamah Konstitusi. Putusan Hakim Pengadilan Negeri yang dijatuhkan hanya dijadikan acuan permohonan oleh pemerintah melalui jaksa agung dan/atau Menteri yang telah ditunjuk oleh presiden untuk memberikan permohonan pembubarannya kepada mahkamah konstitusi. Pelaksanaan eksekusi pembubaran ada ditangan Mahkamah Konstitusi sesuai kewenangan yang dimiliki.

The Dissolution of Political Parties in Indonesia is Viewed from the Constitutional Aspect

Democracy is a manifestation of the State of Indonesia. This means that Indonesia always triess to guarantee the rights of its citizens to freedom of association and assembly. This is stated in the state constitution, namely the 1945 Constitution concerning guarantees for human rights. This right is the right to associate and assemble which can be dedicated as a forum for establishing a political party. So in matters of the state, it is always related to the problems of political parties. This political party has a role in determining the direction of policies and goals of a country. The development of political parties can also be a development towards the direction of the country, so it is necessary to have restrictions on the establishment of a political party. Like having to have the same ideology with the ideology of the state. Political parties that are proven to have different ideologies from the state will be dissolved and frozen and in this case the dissolution mechanism has been regulated by the state. This change and suspension is a form of restriction given by the state to guarantee national security and also guarantee the rights of Indonesian citizens.

LEGAL STANDING WARGA NEGARA INDONESIA DALAM PEMBUBARAN PARTAI POLITIK PERSPEKTIF HAM ISLAM

Legal Standing The dissolution of political parties in Indonesia has never been given to Indonesian citizens. Legal Standing has always been given to the government. This affirmation is contained in Article 68 of the Constitutional Court Law and also confirmed in the Constitutional Court Decision No. 53/PUU-IX/2011 that the phrase “Government” in the dissolution of a political parties is the President. This makes citizens feel that the Government has monopolized legal standing because citizens did not have the same legal standing as the Government. This research aims to discuss the legal standing of citizens in the dissolution of political parties using an Islamic human rights perspective. The research method used is qualitative research using a normative juridical approach, namely conducting research using literature on the reality of the legal standing of disbanding political parties in Indonesia using an Islamic human rights perspective. From the results of this research, it is stated that (1) Legal standing in the dissolution of political parties in Indonesia is in accordance with Article 68 of the Constitutional Court Law that the applicant for the dissolution of political parties is the Government. (2) Based on the analysis of the legal standing of citizens in the dissolution of political parties according to the perspective of human rights in Islam, the legal standing that is only given to the government is not in line with human rights in Islam on, a) the principle of justice. b) Not in accordance with the principle of equality. and c) Not in accordance with the principle of freedom of expression.

Perbandingan Konstitusi Negara Indonesia Dan Rusia

The purpose of this study is to analyze and compare the state constitutions of Indonesia and Russia, particularly in relation to state institutions, separation of powers, and institutions for interpreting the constitution. This study uses a normative juridical research method with a statutory approach and a comparative approach. The results of the study show that in terms of institutions, Indonesia and Russia both adhere to the trias politica separation. However, in terms of the government system, there are differences, if Indonesia adheres to a purely presidential system of government, the Russian Federation adheres to semi-presidential. As for the institutions of interpreting the constitution, there are also similarities and differences. Similarities such as being an interpreter of the constitution, being a dispute resolution institution for state institutions to providing opinions on impeachment. The difference is that if the Constitutional Court of the Republic of Indonesia has the authority to decide on the dissolution of political parties and disputes regarding the results of the general election, the Constitutional Court of the Russian Federation does not have that authority. On the other hand, the Constitutional Court of the Russian Federation does not have the authority, for example, to receive complaints about violations of constitutional rights, to decide on the constitutionality of agreements between Russian state government agencies, and to decide on the normative actions of Russian state officials.

Kedudukan Mahkamah Konstitusi Dalam Sistem Hukum Ketatanegaraan Indonesia

In the Indonesian constitutional law system, it is known as the Constitutional Court, which is a high state institution which is the holder of judicial power together with the Supreme Court. It can be said there are two actors of judicial power, namely the Constitutional Court and the Supreme Court. The problem in this article is what is the position and authority of the Constitutional Court in the Indonesian constitutional law system. The Constitutional Court here has an equal and high position with the Supreme Court, which means that no one has a position below it. The authority of the Constituional Court is regulated in Article 24C paragraph (1) of the 1945 Constitution, among others, to decide on the dissolution of political parties, to give a decision on the opinion of the House of Representatives that the President and Vice President because they have violated the law in the form of bribery, betrayal of the state, commit corruption, other serious crimes or disgraceful acts, examine laws against the 1945 Constitution, decide disputes regarding election results, and decide on disputes over the authority of state institutions whose authority is granted by the 1945 Constitution.

THE ALTERNATIVE DESIGNS EFFORT TO SIMPLIFY THE NUMBER OF POLITICAL PARTIES IN INDONESIA

The number of political parties continues to increase from time to time. Ironically, the establishment of a political party is not based on the desire to carry out the functions of political education, political recruitment, and political regeneration. It is only to fulfill the desire for the power of a group of political elites. This research aims to analyze the need to simplify the number of political parties and determine the ideal simplification design of political parties This research used normative juridical research with statutory, historical, and conceptual approaches. The results indicated that political party simplification is needed for creating effectiveness and efficiency, minimizing segmentation or the emergence of friction among Indonesian citizens, preventing voter confusion, and maintaining political stability. Meanwhile, the ideal design to simplify political parties that can be executed is through submitting the dissolution of political parties to the Constitutional Court (Indonesian: Mahkamah Konstitusi (MK)) by expanding the criteria for those who can propose for dissolution (legal standing), imposing strict sanctions, implementing a moratorium on permits for the establishment of new parties, and extending the authority of the government to unilaterally dissolve political parties, such as the power to dissolve banned community organizations.

Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not possible that a state institution that has supervisory authority has conflict with other legal institutions; 2) there are state institutions whose authorities are regulated by law and have the potential for authority disputes, but are resolved through the executive agency; 3) there is the authority of state institutions that have the potential for conflict of authority but there are no rules for resolving them.

Desain Penegakan Hukum Korupsi Partai Politik di Indonesia

The large number of corruption cases whose funds flow to political parties becomes a problem when regulations cannot trap them. This brings awareness to create an ideal law enforcement design against criminal acts of corruption by political parties. As for the law enforcement design that initiated, reducing state financial assistance to the party; prohibition of participating in elections; and dissolution of political parties followed by restrictions on the rights of former officials to carry out political-based activities. This is accompanied by a broad and progressive interpretation by law enforcers to define political parties as corporations.

Legal Standing Pemohon dalam Perkara Pembubaran Partai Politik Berdasarkan Prinsip Negara Demokrasi

This research is to know how the provisions regarding the legal standing dissolution of political parties in the country of democracy, namely Indonesia and Germany, and know the legal position of the applicant in the case of dissolution of political parties in Indonesia in accordance with the principles of democracy, this is based on studies with the German state. This research uses the type of normative research, in this research method of data collection is done by Library Research technique, by studying the literature, rules of invite-invitations, books, official documents, and writings of scholars related to this thesis. The Data has been compiled and analyzed using a juridical normative method or qualitative method, which is a study that specialized in the study based on the legal theories that are then associated with legislation.The approach used in this research is a statutory approach as well as an analytical approach. The results of this research showed a comparison of legal standing applicants for the dissolution of political parties in Indonesia with Germany, where Indonesia has similarities with the German state that both have a multi-party system as well as the authority to dissolution its political party owned by the Constitutional Court, but in the application of a legal standing applicant dissolution of a different political party, which German , the implementation is already based on the principle of democracy, unlike Indonesia which legal standing applicants only government only, of course this is not based on the principle of democracy state when mirrored to the German state. That there should be other parties who become applicants in the case of the dissolution of political parties in Indonesia, namely the DPR and DPD, it reflects the life of a democratic country and the oversight of the political parties and governments who become parties in the application of the dissolution of the political party, for that it is necessary to study the authority of the applicant in the dissolution of political parties in

Perbandingan Hukum Pembubaran Partai Politik Jerman dan Indonesia

The objective of this article is to analyze the mechanism of dissolution political parties in Germany in order to find the right policy of dissolution political parties in Indonesia. Normative juridical research methods are used in this study with case studies and comparative approaches. The data source used is the secondary data source, which consists of primary legal material, secondary legal material, and tertiary legal material. This research analyzed descriptively qualitative. The conclusion obtained is that the dissolution of political parties denied the right of association and assembly which is endorsed by the constitution. The German Constitutional Court has disbanded political parties proportionally by examining and deciding on the dissolution of political parties not only in text but also in the context which meets the criteria of ”clear and present danger” to the sovereignty of the German Federal Government and the free democratic basic order. Therefore, it is necessary to redesign the disruption of the dissolution of political parties in Indonesia with empirical sociological and psychological studies in order to meet the ”clear and present danger” criteria

INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

Abstract: The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final to test the Law against the Constitution, (2) decide authority disputes of State Institutions whose authority is granted by the Constitution, (3) decide upon the dissolution of political parties, (4) and decide upon disputes about the results of general elections. The obligations, namely the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President. Beyond the specified authority, the Constitutional Court has increased its authority to test the Substitute Government Regulations. The research method used in this study is a type of normative legal research that is a literature study or documentary, by examining theories, concepts and legal principles. The results of this study found that there is indeed no rule that gives the Constitutional Court authority to test regulation in lie of law, but the Constitutional Court has the consideration that the legal norms contained in the Perppu are the same as the Law. The results of this study are that the interpretation used by constitutional justices to test Perppu is a teleological and sociological interpretation.Keywords: Interpretation; Test; PERPPU; Constitutional Court.

Independence of Constitutional Court Judgment in Reaching Justice Law

The Constitutional Court is a state institution formed based on Article 24C of the 1945 Constitution of the Republic of Indonesia, which contains 6 paragraphs. The Constitutional Court has 4 (four) authorities regulated in paragraph (1) The Constitutional Court has the authority to adjudicate the first and last level of the decision which is final to test the law against the Basic Law, to decide on a dispute over the authority of a state institution whose authority is granted by the Basic Law, decide upon the dissolution of political parties, and decide on disputes over the results of general elections. The independence of constitutional judges is absolutely necessary in carrying out his duties as a judge, but in interpreting independence it is not freedom that is not controlled, but freedom that is responsible and holds firmly the constitutional judge's oath. Thus, the constitutional judge can present a sense of legal justice for the people seeking justice.

Hak Rakyat dalam Mekanisme Pembubaran Partai Politik di Indonesia

This paper aims to reveal the granting of authority to the people in the mechanism of dissolution of political parties and the idea of the Ius Constituendum mechanism of dissolution of political parties in Indonesia. This paper uses a normative juridical study with a historical approach, a case approach, and a statute approach. This paper shows that the granting of authority to the people in the mechanism of dissolution of Political Parties must pay attention to the people as the owner of the country’s sovereignty. The people should be qualified for having legal standing in the request to dissolve political parties. Ius Constituendum the dissolution of political parties in Indonesia becomes a model of appropriate sanctions against political parties that have violated the provisions which are proven and decided by the competent institution, in this case, the judicial institution.

Zabrana rada i djelovanja političkih stranaka - komparativni prikaz nadležnosti ustavnih sudova zemalja iz okruženja

In the contemporary constitutional and democratic state, political parties represent one of the most important organizations of modern political action. Their constitutionalization, or introducing into the constitution the provisions which govern the principal position of the political parties and which recognize their (democratic) role in the constitutional system, influenced the appearance of different mechanisms of control and prohibition of their operation and activities. This paper analyzes the position and role of contemporary constitutional courts in controlling the operation and activities of political parties. The analysis of the practice of constitutional courts which exercise these powers, as well as of the practice of the European Court of Human Rights and of the opinions of the Venice Commission expressed by “Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures” is essential if we wish to critically evaluate the place and role of modern constitutional courts in the control of operation and activities of political parties.

COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and interpreter of the Constitution. Keywords: Indonesia, authority, South Korea, constitutional court .

The European Court of Human Rights’ Criteria on Dissolution of Political Parties

The European Court of Human Rights’ Criteria on Dissolution of Political Parties

Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures

Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures