<![CDATA[Dismissal of political party members has increasingly emerged as a constitutional issue in Indonesia, particularly when internal party decisions directly affect individual political rights and public office positions. This phenomenon raises a fundamental question on the boundary between party autonomy and the jurisdiction of the Administrative Court (PTUN) in safeguarding citizens’ constitutional rights. This research aims to analyze the scope of PTUN’s authority in adjudicating disputes concerning party member dismissal, specifically when such decisions trigger administrative actions by state bodies, such as interim replacement (PAW) by the General Elections Commission (KPU). This study employs a normative juridical method. The analysis indicates that although political parties are private legal entities, their internal decisions may be subject to public law review once they produce administrative decisions that are concrete, individual, final, and legally binding. The PTUN Makassar decision in the Misriani Ilyas case reflects an expanded interpretation of administrative decisions involving political processes. The novelty of this study lies in clarifying PTUN’s jurisdiction limits and emphasizing the need to strengthen intra-party dispute resolution through the Party Court to prevent judicial politicization and maintain a balance between party autonomy and protection of political rights. In conclusion, PTUN intervention is permissible as long as the object of dispute is a state administrative act, not the party’s internal decision itself.]]>
Copyrights © 2026
