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Qassim Hassan
Bahria University
Law, Crime, Criminology & Criminal Justice

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Civil Rights Protection of Political Parties as Private Legal Entities: Indonesia-Pakistan Comparative Study Post Constitutional Court Decision Number 60/PUU-XXII/2024 Tia Rahadatul 'Aisyi; Anisa Deny Setiawati; Febrian Indar Surya Kusuma; Qassim Hassan
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p02

Abstract

Political parties in the Indonesian legal system act not only as political entities but also as private legal entities (rechtspersoon) possessing absolute civil rights. However, Article 40 of Law No. 10/2016 on Regional Elections, which imposed a nomination threshold based on legislative seats, restricted the legal capacity of non-parliamentary parties and negated the utility of valid votes as the organization's intangible assets. This normative legal research aims to analyze the implications of restoring the civil rights of political parties following the Constitutional Court Decision No. 60/PUU-XXII/2024, while expanding the analysis through a comparative approach with Pakistan's legal framework under the Political Parties Order (PPO) 2002. The results indicate that the Constitutional Court Decision No. 60/PUU-XXII/2024 serves as a restorative instrument that shifts the threshold basis back to valid votes to uphold the equality of legal entities. Based on the comparative synthesis, three typologies of regulatory models are identified: the Performance-Based Restriction Model (Indonesia pre-Decision 60/2024), the Compliance-Based Governance Model (Pakistan), and the Legitimacy-Based Proportionality Model (Indonesia post-Decision 60/2024). Through this comparison, Pakistan's experience demonstrates that the state can enforce internal party accountability without eliminating its fundamental civil right to nominate candidates, a governance direction that is now aligned with Indonesia's post-decision legal landscape.
Civil Rights Protection of Political Parties as Private Legal Entities: Indonesia-Pakistan Comparative Study Post Constitutional Court Decision Number 60/PUU-XXII/2024 Tia Rahadatul 'Aisyi; Anisa Deny Setiawati; Febrian Indar Surya Kusuma; Qassim Hassan
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p02

Abstract

Political parties in the Indonesian legal system act not only as political entities but also as private legal entities (rechtspersoon) possessing absolute civil rights. However, Article 40 of Law No. 10/2016 on Regional Elections, which imposed a nomination threshold based on legislative seats, restricted the legal capacity of non-parliamentary parties and negated the utility of valid votes as the organization's intangible assets. This normative legal research aims to analyze the implications of restoring the civil rights of political parties following the Constitutional Court Decision No. 60/PUU-XXII/2024, while expanding the analysis through a comparative approach with Pakistan's legal framework under the Political Parties Order (PPO) 2002. The results indicate that the Constitutional Court Decision No. 60/PUU-XXII/2024 serves as a restorative instrument that shifts the threshold basis back to valid votes to uphold the equality of legal entities. Based on the comparative synthesis, three typologies of regulatory models are identified: the Performance-Based Restriction Model (Indonesia pre-Decision 60/2024), the Compliance-Based Governance Model (Pakistan), and the Legitimacy-Based Proportionality Model (Indonesia post-Decision 60/2024). Through this comparison, Pakistan's experience demonstrates that the state can enforce internal party accountability without eliminating its fundamental civil right to nominate candidates, a governance direction that is now aligned with Indonesia's post-decision legal landscape.
Co-Authors Anisa Deny Setiawati Febrian Indar Surya Kusuma Tia Rahadatul 'Aisyi