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-, Bisariyadi
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Law, Crime, Criminology & Criminal Justice

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PUTUSAN SELA DALAM PERKARA PERSELISIHAN HASIL PEMILIHAN UMUM -, Bisariyadi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

This paper departs from the presumption of common misconception in the use of terms as adopted in criminal and civil law. Interlocutory decision in the Constitutional Court has a different definition from criminal and civil law procedure. The difference is within the issue that is cover between the two. Interlocutory decisions in criminal and civil law deals only as far as admissability and jurisdiction, where in the Constitutional Court interlocutory decisions may actually related to the legal issues brought by the party. In addition, as the experience shows that interlocutory decisions are not only used as burden of proof but also part of the mechanism for imposing sanctions due to electoral fraud that negate the core value of democracy. It aims to rectify and redefine the conception of interlocutory decisions based on empirical experience of the Court in examining cases on eletoral disputes. Furthermore, this study will put forward a proposal in the context of revising the Court procedural law, specifically in regards to interlocutory decisions.
PENERAPAN UJI PROPORSIONALITAS DALAM KASUS PEMBUBARAN PARTAI POLITIK: SEBUAH PERBANDINGAN -, Bisariyadi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The Indonesian Constitutional Court has no jurisprudence related to the application of proportionality test. In comparative law perspective, proportionality test is referred to as "the ultimate rule of law”. This study aims to provide a consideration to the possibility of applying proportionality test when the Constitutional Court needs to deals with the issue of political parties dissolution. In countries that have examined cases of political parties dissolution, the proportionality test is a method of legal reasoning to reach the decision. This studyis conducted by comparing verdicts from national and regional courts, which have dealt with the dissolution of political parties and applying proportionality test.
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