Open AccessIMPLIKASI PEMBATASAN YURIDIS PEMBUBARAN PARTAI POLITIK TERHADAP PRINSIP DEMOKRASI
Author(s) -
Josef M Monteiro
Publication year - 2010
Publication title -
jurnal hukum and pembangunan/hukum dan pembangunan
Language(s) - English
Resource type - Journals
eISSN - 2503-1465
pISSN - 0125-9687
DOI - 10.21143/jhp.vol40.no4.233
Subject(s) - dismissal , law , constitution , supreme court , political science , politics , ideology , state (computer science) , democracy , algorithm , computer science
AbstrakThe dismissal of political party still rises polemic due to its existence in astate having democratic political system which is assumed as a "conditionsine quanon". Nevertheless, based on judicial point of view a political partycan be dismissed if its ideology is opposed to state ideology and abusing thelaw. The dismissal of political party by the constitution supreme court couldonly be carried out based on judicial reasons such as trespassing forbiddenrules as confirmed in the article 40 Act No.2 Of The Year 2008 ConcerningPolitical Party. However, its implementation still rises uncertaintydemocracy principle due to the existence of judicial limitations related to thearticle 68 point one (1) and point two (2) Act No.24 Of The Year 2003Concerning The Constitution Supreme Court justified as to rise obscurity.Therefore the step to be done is to revise the article 68 point one (1) which isconsidered not democratic and hindering the public to claim a particularpolitical party trespassing, and the sentence formulation in article 68 pointtwo (2) is provided broad or extensive interpretation.!t is hoped that in thestate of law as Indonesia, might create the certainty of law and therealization of the principle of equality before the law