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All Journal WAJAH HUKUM Jurnal Penegakan Hukum dan Keadilan
Albab, Biantara
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Law, Crime, Criminology & Criminal Justice

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Implikasi Pembubaran Partai Politik terhadap Organisasi Sayap Albab, Biantara
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1384

Abstract

One of the privileges afforded to political parties is the establishment of affiliated wing organizations, which play a crucial role in fostering party cadre. However, the legal framework governing these Organizational Wings of Political Parties remains insufficient, primarily addressed in Article 12 letter j of Law Number 2 of 2008 concerning Political Parties. Conversely, within this legislation, provisions exist for the dissolution of political parties. Thus, it prompts inquiry into whether such dissolution also extends to the affiliated wing organizations of political parties. This research aims to explore the ramifications of political party dissolution on these Organizational Wings of Political Parties, employing a normative juridical method integrating statutory and conceptual analyses. The findings indicate that the dissolution of political parties inevitably leads to the dissolution of their respective Political Party Wing Organizations. This conclusion rests on several grounds. Firstly, the existence of Political Wings Organization derives directly from the political party itself. Secondly, the absence of clear-cut regulations pertaining to the Organizational Wings of Political Parties, limited solely to the Law on Political Parties, distinguishes them from Community Organizations. Thirdly, the regulations governing Wing Organizations are contingent upon the bylaws of political parties and align with the shared objectives and aspirations of a Wing Organization and its parent political party, centered around a unified vision and mission.
The Role of the Military in Government Bureaucracy: A Juridical Comparative Review of Indonesia and Pakistan Albab, Biantara; Sulaiman, King Faisal
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.28266

Abstract

This study compares military involvement in the civil bureaucracy in Indonesia and Pakistan. The background of the problem lies in the military's persistent role in government despite reforms aimed at strengthening civilian supremacy. The objective is to analyze the legal framework and authority of military participation in the bureaucracy in both countries. The method used is comparative legal research, focusing on the constitution, legislation, and policies related to civil-military relations. The results reveal that the military's influence in the bureaucracy remains strong despite legal reforms. The difference is that post-reform Indonesia limits the assignment of active-duty TNI personnel to specific civilian positions in the defense and security sectors, subject to the approval of the House of Representatives. In comparison, Pakistan offers a broader scope, extending to cross-sectoral bureaucracy, economic development, and the jurisdiction of military courts over civilians with constitutional protection. In conclusion, both countries provide legal legitimacy for the military's role beyond defense functions, either through constitutional provisions or legislation that explicitly or implicitly open the door to military involvement in non-military sectors. Both Indonesia and Pakistan have legalized military involvement in the civilian sphere, expanding its functions from defense to administrative and development roles.
Co-Authors Sulaiman, King Faisal