Konsistensi Pengaturan Wewenang Mahkamah Konstitusi dalam Pembubaran Partai Politik dan Implikasinya terhadap Hak Asasi Manusia dan Demokrasi

Ignastio Julian Molle
Josef Mario Monteiro
Cyrilius Wilton Taran Lamatoro

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora

This study examines the consistency of the regulation of the Constitutional Court's authority in the dissolution of political parties and its implications for human rights and democracy in Indonesia. The research employs a normative legal method through statutory, doctrinal, and conceptual approaches. The findings reveal inconsistencies in the regulation of the Constitutional Court's authority, particularly regarding legal standing in filing petitions for the dissolution of political parties, which is exclusively granted to the government. This restriction is not explicitly stipulated in the 1945 Constitution of the Republic of Indonesia, thereby creating issues of legal norm harmonization. Furthermore, such regulation has the potential to weaken the principles of public participation and popular sovereignty in a democratic state. The dissolution of political parties also has significant implications for human rights, especially the rights to freedom of association and assembly, as well as for democratic stability. Therefore, a reformulation of the legal framework governing the dissolution of political parties is necessary to ensure its conformity with the principles of a democratic rule of law and the protection of human rights.