Political Parties Law Research Articles

The Effectiveness of Implementing a Closed-list Proportional System in Selecting Legislative Members from the Perspective of Islamic Law

The legislative elections using an open-list proportional system always generate identical controversies during general election season. This, mainly involves the prevalence of misconduct by both the prospective legislative candidates themselves and their campaign teams. This issue has become a latent problem in every general election season, resulting in several adverse effects, including high campaign costs leading to corruption practices and poor political education to the public. The closed proportional system is once again considered as a solution to prevent vote-buying practices, also known as money politics. This research is a normative legal study using the statute approach, conceptual approach, and case approach. There are two types of legal materials used in this research. First, primary legal materials, namely Law No. 2 of 2011 Regarding Amendments to the Political Parties Law and Law No. 7 of 2017 Regarding General Elections. This study focuses on the importance of reconsidering the implementation of the closed proportional system in legislative elections as an effort to prevent the ongoing issue of money politics, which has been a latent problem in every general election in Indonesia. This research aims to reevaluate the use of the closed proportional system as the most suitable system to combat money politics practices.
 Keywords: money politics, legislative elections, proportional system

Optimizing the role of political party courts in resolving internal political party disputes

The purpose of this study is to provide suggestions for new legal concepts, to optimize the role of the Political Party Court, using normative juridical law research methods and approaches to laws, cases, and comparative law approaches. The mechanism for resolving internal disputes within political parties is regulated in Article 32 of Law of the Republic of Indonesia Number 2 of 2011 concerning Amendments to Law of the Republic of Indonesia Number 2 of 2008 about Political Parties (Political Parties Law), which states that it can be done through the Court of Political Parties. Furthermore, Article 33 of the UUPP can submit the settlement mechanism through a lawsuit to the District Court and the Supreme Court. The legal fact is that from several internal political party dispute cases, the settlement process is not only done through these two methods. However, someone suddenly created a rival Extraordinary Congress, seeking legal tendencies at the Ministry of Law and Human Rights of the Republic of Indonesia to file a lawsuit with the State Administrative Court. So it is necessary to have a new legal concept to optimize the role of the Political Party Court and a one-door mechanism for resolving internal disputes of political parties.How to cite item: Anggriawan, F. Amrulla, M.F., Lailawati, F.D., (2022). Optimizing the role of political party courts in resolving internal political party disputes. Jurnal Cakrawala Hukum, 13(2). 145-153. doi:10.26905/idjch.v13i2.7962.

PANDANGAN ISLAM TERHADAP KEPEMIMPINAN PEREMPUAN: KAJIAN FEMINISME ISLAM

Women are the most unique creatures. Discourse on the uniqueness of women always attract discussed in various perspectives. Various discourses that emerged about women always actual. One of the unique aspects of women who alwayswarmly discussed was the importance of the role of women in public areas. As well as the Political Parties Law and the Election Law which mandated quota of 30 percent representation of women, both in management and in the competition of political parties into Parliament. Opportunities in the political contest warmed back the conversation between the functions, roles and responsibilities of women in the area of “domestic” with activities in the “public domain”. How can a Muslim should react to it? This research will discuss how womens studies in Qualitative and leadership according to Islamic perspective. So the absence of the crux and the dilemma for Muslim women (Muslimah) in the world take part in the public or politics. Results of the study explained that Islam gives a very high appreciation of women. Al-Qur’an laden with symbols and massages about women. In fact there are two suras that provide specific appreciation of the position and status of women, is surah Al-Nisa and surah Al-Thalaq. Al-Qur’an put women equal to men as caliph and the servant of God in this earth. Differences in the nature of women and men to make women more protected so that they are not abused and that they can fully carry out their duties while maintaining it s dentitiy as a Muslim woman. Thus, in the context of Indonesia, opportunities that are open and public space for opportunities should certainly be welcomed by women, by preparing themselves, not just a figure complementary to men, but as partners and relationships that have reliable quality, because a woman was appointed as the leader due to his ability that has competencies and criteria as leaders expected

The Muslim Brotherhood in Jordan

The Muslim Brotherhood in Jordan

MEMUTUS OLIGARKI DAN KLIENTELISME DALAM SISTEM POLITIK INDONESIA MELALUI PEMBAHARUAN PENGATURAN PENDANAAN PARTAI POLITIK OLEH NEGARA

The objective of State funding for political parties is to create balance in governing political parties. The minimum intervention from the state to political parties will cause political parties controlled by the oligarchs. These oligarchs have the intention in the making of policies or regulations. The domination of elites in funding the political parties create clientelism in the electoral processes. In this context, increasing the state funding for political parties can be chosen as a recommendation. But it should be followed by the accountability in reporting the finance and improvement of political parties governance. This recommendation should be applied the revision in the law of political parties. The existing law of political parties are not maximally regulate about the accountability of political parties. The obligations, restrictions, and sanctions that are stated in the law are unable to cut the illegal funding for political parties. The design of oversight in political party finance are seems to unable control the illegal funding such as funding from individual donors or private sector. According to that, it is important to increase the state funding for political party along with increasing the accountability of the political party finance and improving the political party governance.

Women’s Political Participation in Jordan

Jordanian womens participation in public policy dates back to 1950s. However, political activism came to a halt in the period between 1956 and 1992. In 1992, the new Political Parties Law granted women the right to participate in political parties. Since then, women became an active member of political parties, but their participation remained largely symbolic and not influential. Women did not seek to join parties. As a result, women are still largely unrepresented in the state. In addition, and the number of women involved in these parties remains low. There are a number of challenges that prevent womens participation in political life in Jordan, such as social restrictions resulting from the traditional structure of Jordanian society. This article discusses the political participation of women in Jordan and addresses the most prominent challenges facing the political work of women in Jordan.

Gender Analysis in Indonesia's Legislation Regarding Political Laws

This paper examines Indonesia's current legislation on politics, inter alia, Political Parties Law, Election Law, and Parliament Law, by using gender analysis. This paper considers how these laws ensure equitable access, participation, control, and benefits for men and women. Under the justice and gender equality approach, these laws are not optimal, especially under the control and benefit indicators. In this context, Political Parties Law contributes more to the indicator of access, while Electoral Law provides access and participation indicators. At the same time, Parliament Law is expected to contribute the most to the control and benefit indicators. However, it is regrettable that Parliament Law does not comply with these two indicators. Also, the Constitutional Court's interpretation was not followed in a series of legislative revisions of Parliament Law. Therefore, the gender approach in the legislative revision of these three laws should be encouraged to benefit from social life with more just and non-discriminatory. It should also provide equal opportunity for every citizen to gain access, participatory rights, control, and benefits in development. Hence, it is inevitable to the importance of the government commitment in gender mainstreaming in policy, harmonization, and synchronization of laws and regulations.
 KEYWORDS: gender justice and equality, political laws, women's representation.

شروط تأسيس الأحزاب السياسية وفقاً لقانون رقم (36) لسنة 2015

Between the current of partisanship experience and its past politically, legally, under the crisis regimes that Iraq has experienced. The researcher has tried to discuss through this research a number of problems related to partisanship experience in a country which is multi-religious and ethnic with different political loyalties, after lawlessness and recidivism of the constitutional state, it is replaced by customs of the one-party system which is known as political despotism. After the events of 2003, Iraq has unexpectedly opened to pluralistic political practice. The new political factions, with their political and sectarian behaviors, have sought to capture quotas of the fledgling Iraqi state from the ruins of recidivism and war. This was accompanied by the absence of strategic political views and a lack of legislation to organize the work of political parties in Iraq, which made money, stability and security of the Iraqi state in a serious danger, probably the event of financial and administrative corruption, collapse of western Iraq cities, and the fallen of thousands of civilian martyrs daily by terrorism, are indicative evidence of the danger that connected the experience of partisanship without a law. The new law of political parties No. (36) for the year 2015 in force on 11-12-2015 came, to organize the chaos of the work of political parties , to put an end to the state of interference between what is the work of the oligarchy party and what is the Urban organization, and to disarm each party of any military aspect, despite many legal loopholes have already been identified, which the researcher is attempting to refer to.

Parliamentary representation of minorities in romania: current challenges

Presented article is prepared within the Research Project “Law of Political Parties” held by the faculty of Law and International Relations of Georgian Technical University. Тhe purpose of the article is to analyze the main mechanisms that guarantees the parliamentary representation of national and ethnic minorities in Romania. Authors review in detail the correlation of concept of equality principle and positive discrimination in regard with national and ethnic minorities. Clear distinction is given between Hungarian minority, as a successfully political movement and all other minorities, which were able to gain mandates only through positive discrimination. In conclusion authors underline some advantages of Romanian electoral system, but also refer to weaknesses, which should be eliminated and suggest some recommendations for possible improvements.

Our universities away from partisan Altsarat

In order to codify the political and partisan activity in Iraq, after a difficult labor, the Political Parties Law No. (36) for the year 2015 started and this is positive because it is not normal for the political parties and forces in Iraq to continue without a legal framework. Article (24) / paragraph (5) of the law requires that the party and its members commit themselves to the following: (To preserve the neutrality of the public office and public institutions and not to exploit it for the gains of a party or political organization). This is considered because it is illegal to exploit State institutions for partisan purposes . It is a moral duty before the politician not to exploit the political parties or some of its members or those who try to speak on their behalf directly or indirectly to achieve partisan gains. Or personality against other personalities and parties at the expense of the university entity.

Polska A, B i C? Volební geografie vybraných polských vojvodství

The study focuses on spatial analysis of the general election results in Lower Silesia, Lodz and Lesser Poland voivodeships in a period between 2001 and 2015. Primary subjects of the analysis are political parties Law and Justice, Civic Platform, Polish People´s Party and Democratic Left Alliance, but particularly works also with the results of another parties (Self-Defence, League of Polish families, Modern). Standard electoral geography methodological methods, such as cartographic display of election results, correlation analysis and concentration of the election results measurement have been used on the local level and along with Polish and Czech literature review are included in the study. Main goal of the study was to find out if there are structural differences in terms of electoral support for the parties on both regional and voivodeship level. The analysis proved deeper context of the election results in the eastern regions along with a changing spatial structure of the Law and Justice support in the first decade of the 21st century and related deepening differences between voter bases of the Law and Justice and the Civic Platform- strongest parties in Poland. Findings of the analysis might be useful for upcoming research of the analysis of the electoral support in terms of regional differences.

Implementasi dan Implikasi Sosialisasi Empat Pilar Berbangsa Dan Bernegara Pasca Putusan Mahkamah Konstitusi

<p align="justify">Four Pillars of Nation and State is Pancasila, the Constitution of the Republic of Indonesia in 1945, national unity and the Republic of Indonesia which is articulated by members of the DPR/MPR to the public. This idea is included in item Law of Political Parties that have strong legitimacy. The four pillars of the state and nation reap the pros and cons in the community, especially among experts in constitutional law of the State. The experts have similar views to criticize the concept of it because it is not considered appropriate if it is aligned as the four pillar or column country. The Constitutional Court issued a decision removing the article. The Constitutional Court’s decision is binding and must be executed by all parties. That is the four pillars of the nation and state is forbidden to be disseminated to the public, but the reality is different, the constitutional court ruling was ignored by the DPR/MPR until today. They continue to socialize the four pillars. That is the institution DPR/MPR may be unlawful.</p>

Pluralismo bajo control: evolución de la Ley de partidos políticos en Argelia

Se analiza la evolución de la ley sobre la creación y el funcionamiento de los partidos políticos en Argelia, desde la independencia del país en 1962 hasta la actualidad. Se distinguen tres etapas que dieron lugar, espectivamente, a la Ley de 1989 relativa a las asociaciones de carácter político, la Ley orgánica de 1997 relativa a los partidos políticos y la Ley Orgánica de 2012 referente a los partidos políticos. Se parte de una doble hipótesis: que la ley ha seguido una tendencia represiva y que es un instrumento legal al servicio de las estrategias políticas y sociales del régimen establecido con el fin de limitar el campo deacción de la oposición política.

El difícil encaje de la causa de incompatibilidad sobrevenida en la institución del mandato representativo

A lo largo de los diez años de vigencia de la Ley Orgánica de Partidos Políticos han sido muchos los intentos del entorno político de ETA de salvar los efectos de la Ley y hacerse presente en las instituciones democráticas. En más de una ocasión han tenido éxito. Una vez celebrados los comicios, el daño ya estaba hecho pues la posterior constatación de connivencia con los terroristas no impedía que los electos continuaran en el ejercicio de su cargo y por lo tanto ETA estuviera presente en las instituciones democráticas. La reforma de la LOREG con la introducción de una causa de incompatibilidad sobrevenida viene a cerrar esta posibilidad. Este trabajo analiza la adecuación al CEDH de esta medida.During the ten year life of the Political Parties Law, there have been many attempts of ETA’s political environment to circumvent the Law and make itself present in democratic institutions. On more than one occasion, they have been successful. If after the election it was proved the connection between ETA and the party with which the elected participated in the electoral process, it was not possible to remove the elected from its office. After election the harm was done, and ETA could remain in public institutions. LOREG’s reform in 2011 has closed this possibility establishing the «so called» supervening cause of incompatibility. This paper analyzes the compatibility of this measure with the ECHR.

Indonesia: Telling Lies

Indonesia: Telling Lies

The effect of the Spanish Law of Political Parties (LPP) on the attitude of the Basque Country population towards ETA: A dynamic modelling approach

In June 2002, the Spanish Government passed the “Law of Political Parties” (LPP) with the aim, among others, of preventing parties giving political support to terrorist organizations. This law affected the Basque nationalist party “Batasuna”, due to its proved relation with ETA. In this paper, taking data from the Euskobarometro (Basque Country survey) related to the attitude of the Basque population towards ETA, we propose a dynamic model for the pre-LPP scenario. This model will be extrapolated to the future in order to predict what would have happened to the attitude of the Basque population if the law had not been passed. These model predictions will be compared to post-LPP data from the Euskobarometro using a bootstrapping approach in order to quantify the effect of the LPP on the attitude of Basque Country population towards ETA.

Responsible freedom and national security: Liberalisation and de-liberalisation in Jordan under King Abdullah II

Political liberalisation in Jordan was launched as a regime survival strategy in 1989 by the late King Hussein. In spite of his efforts, 18 years later the Jordanian monarchy is considered as a semi-authoritarian system. This article explores the prospects for further political liberalisation under King Abdullah II, whose vision on the development of Jordan is full of enthusiasm. The author argues that Jordan is one of the most-advanced countries in the region in terms of political reform, but it has performed poorly in comparison to other developing states. King Abdullah promotes the “Jordan model” in order to win the support of the international audience: Western-oriented foreign policy, economic liberalisation allowing multinational companies to invest in Jordan, launching the Ministry of Political Development, and holding general elections in 2003. Political developments in Jordan echoed with the so-called “developmental state” paradigm, prioritising economic reform first, while postponing political transformation. National elections are expected to be held at the end of this year under a controversial election law. The recently passed political parties law is a proof of a de-liberalising monarchy, which is trying to preserve the loyalty of independent candidates, while marginalising the role of political parties. This paper deals with the external and the internal factors of political liberalisation in Jordan.

The Hashemite Kingdom of Jordan: Political Parties Law

The Hashemite Kingdom of Jordan: Political Parties Law

The Hashemite Kingdom of Jordan: Political Parties Law

The Hashemite Kingdom of Jordan: Political Parties Law

Reflections upon the Law of Political Parties

Reflections upon the Law of Political Parties