Indonesian Journal of Law and Policy Studies
Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies

Expanding Legal Standing in Political Party Dissolution Disputes in Indonesia

Muhamad Islahudin Azhari (Universitas Muhammadiyah Tangerang)
Ahmad Ahmad (Universitas Muhammadiyah Tangerang)
Muhammad Rizqi Ramadhan (Universitas Muhammadiyah Tangerang)
Gamal Abdul Nasir (Universitas Muhammadiyah Tangerang)
Fajar Sulistyo (Universitas Muhammadiyah Tangerang)



Article Info

Publish Date
15 May 2024

Abstract

The dissolution of political parties is a constitutional mechanism intended to uphold democracy, constitutionalism, and the principle of the rule of law. The Constitution grants the Constitutional Court the authority to decide on cases of dissolution of political parties, but the provisions of the Law on the Constitutional Court limit the right to submit petitions to the government only. This provision creates problems in practice, especially when allegations of serious violations committed by political parties that have a broad impact on the democratic system are not followed by a petition for dissolution. This study aims to examine the urgency of expanding the subject of petitioners in cases of dissolution of political parties, formulate more comprehensive criteria regarding the grounds for dissolution, and analyze the implications of this limitation on the principles of democracy in Indonesia. This study uses normative legal methods with statutory, philosophical, and sociological approaches. The results show that limiting petitioners to the government has the potential to create conflicts of interest and weaken the oversight function of political parties. Therefore, it is necessary to expand legal standing to other parties, such as election supervisory institutions and the public, and expand the grounds for dissolution to include serious violations of democracy and election law, in order to strengthen political party accountability and consolidate constitutional democracy in Indonesia

Copyrights © 2024






Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...