Legal Standing Pemohon dalam Perkara Pembubaran Partai Politik Berdasarkan Prinsip Negara Demokrasi

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Rahmah Nurlaily ◽  
Moh Ali Wafa ◽  
Irfan Khairul Umam
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Constitutional Court ◽  
German State ◽  
Legal Standing ◽  
Library Research ◽  
Legal Position ◽  
Democratic Country

This research is to know how the provisions regarding the legal standing dissolution of political parties in the country of democracy, namely Indonesia and Germany, and know the legal position of the applicant in the case of dissolution of political parties in Indonesia in accordance with the principles of democracy, this is based on studies with the German state. This research uses the type of normative research, in this research method of data collection is done by Library Research technique, by studying the literature, rules of invite-invitations, books, official documents, and writings of scholars related to this thesis. The Data has been compiled and analyzed using a juridical normative method or qualitative method, which is a study that specialized in the study based on the legal theories that are then associated with legislation.The approach used in this research is a statutory approach as well as an analytical approach. The results of this research showed a comparison of legal standing applicants for the dissolution of political parties in Indonesia with Germany, where Indonesia has similarities with the German state that both have a multi-party system as well as the authority to dissolution its political party owned by the Constitutional Court, but in the application of a legal standing applicant dissolution of a different political party, which German , the implementation is already based on the principle of democracy, unlike Indonesia which legal standing applicants only government only, of course this is not based on the principle of democracy state when mirrored to the German state. That there should be other parties who become applicants in the case of the dissolution of political parties in Indonesia, namely the DPR and DPD, it reflects the life of a democratic country and the oversight of the political parties and governments who become parties in the application of the dissolution of the political party, for that it is necessary to study the authority of the applicant in the dissolution of political parties in

scholarly journals PARTAI POLITIK SEBAGAI BADAN HUKUM DALAM SISTEM KEPARTAIAN DI INDONESIA

2020 ◽  
Vol 9 (1) ◽  
pp. 17
Author(s):  
Mohammad Mahmudi
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Constitutional Court

Political parties in Indonesia are growing and growing rapidly, therefore, there needs to be a new idea in the effort to develop and dissolve the bankrupt political party in order to create a system Indonesian parting is a simple multiparty system. The results of this study show that the establishment of a significant political party and efforts to simplify the political party by going through an unusual stage is by means of The application of the bankruptcy political party to the Constitutional Court of its purpose is to efficiencies the country-issued budget for political parties as well as making the system of Indonesia's parting systems a multi-party system that is simple but in terms Do the idea of having to pay attention to several important factors including: democratic, rational, and Non-discriminatory principles.Keywords: Political parties, political party disbandment, simple Multi Party system.

History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

scholarly journals Introduction (Special Edition – The Presidential Nomination Process)

2008 ◽  
Vol 28 ◽  
pp. 289-291
Author(s):  
Wayne P. Steger
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The United States ◽  
General Election ◽  
The Political ◽  
Election Campaign ◽  
Special Edition ◽  
Presidential Nomination ◽  
General Elections ◽  
Democratic Country

Understanding why certain candidates get nominated is an important aspect of political scientists. This topic is a narrow one and influences a wider variety of subjects such as the political parties, general elections, and even the extent to which the United States is a democratic country. Presidential nominees matter—they become the foremost spokesperson and the personified image of the party (Miller and Gronbeck 1994), the main selectors of issues and policies for their party’s general election campaign (Petrocik 1996; Tedesco 2001), a major force in defining the ideological direction of a political party (Herrera 1995), and candidates that voters select among in the general election. This volume is devoted to presidential nominations and the 2008 nomination specifically.

scholarly journals Parpol, Pemilu dan Demokrasi: Dinamika Partai Politik dalam Sistem Pemilihan Umum di Indonesia Perspektif Demokrasi

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 81
Author(s):  
Udiyo Basuki
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Political Activity ◽  
The Political ◽  
Modern Democracy ◽  
Mutualistic Symbiosis ◽  
General Elections ◽  
Democratic Life ◽  
Democratic Country

In a democratic country the relationship between the state and the people must be a reflection of a mutualistic symbiosis. This means that these relationships must be mutually dependent and mutually beneficial. This relationship will be evident when the political system developed by a country provides sufficient space for political activities in the community. This space for political activity will give color to democratic life in a country. The principle of democracy and people's sovereignty requires people's participation in the life of the state administration. People or citizens are not only objects, but subjects and play an important role in the life of the state. For this reason, the existence of a representative institution is an absolute that must be fulfilled in a democratic country with people's sovereignty. According to modern democracy, political parties, general elections and representative institutions are three institutions that cannot be separated from one another. That every political party will always strive to gain large popular support during general elections so that the representative institution can be dominated by the political party concerned.Keywords: political parties, general elections, democracy.

scholarly journals Eksistensi Partai Politik Lokal di Provinsi Papua Pasca Putusan Mahkamah Konstitusi Nomor 41/PUU-XVII/2019

2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
Secondary Data ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
Legal Uncertainty ◽  
The Right

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.

Political parties and policy analysis in Colombia

2020 ◽  
pp. 241-256
Author(s):  
Sebastián Líppez-De Castro
Keyword(s):  
Political Parties ◽  
Policy Analysis ◽  
21St Century ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Policy Actor ◽  
The Third ◽  
Political Party System ◽  
Historical Trajectory

This chapter traces the development of the political party system in Colombia, focusing on characteristics related to their production or consumption of policy analysis. It stresses that political parties will not fully utilize policy analysis to guide their decisions and priorities, as long as clientelistic linkages prevail. It also mentions the third or nongovernmental sector, which is increasingly recognized as an important policy actor or potential policy actor in all countries. The chapter describes the historical trajectory of the Colombian party system, its make-up in the 21st century, and key institutional features affecting parties' use of policy analysis. It identifies some of the mechanisms through which 21st-century Colombian political parties produce or rely on policy analysis.

scholarly journals FAKSIONALISASI DAN KONFLIK INTERNAL PARTAI PERSATUAN PEMBANGUNAN

2020 ◽  
Vol 3 (3) ◽  
pp. 321
Author(s):  
Rizkyansyah Rizkyansyah
Keyword(s):  
Political Parties ◽  
Conflict Management ◽  
Political Party ◽  
Qualitative Approach ◽  
Political Elite ◽  
Internal Conflict ◽  
The Political ◽  
Presidential Candidates ◽  
Secondary Sources ◽  
Library Research

This paper aims to examine and understand the form of factionalisation and Internal Conflict of Partai Persatuan Pembangunan (PPP) in people's perception of its existence as a political party. The method uses a qualitative approach with data and information obtained through interviews and library research methods. The data and arguments built in this paper use qualitative studies, namely by gathering various scientific references and from primary and secondary sources through searching for writings related to books, journals, papers, newspapers, magazines and direct interview results with informants related to problem in this study. The results showed that the internal PPP conflict was caused by differences in the views of political elite in determining the coalition carrying the presidential candidates. This happened in the PPP in 2014 when there were differences in the nominations between Suryadharma Ali and Romahurmuziy. The conflict then led to the dualism of the leadership of the Suryadharma Ali and Romahurmuziy camps. Another factor driving conflict is the different backgrounds of cadres in the political parties. Therefore, conflict management absolutely needs a political party. 

Legitimacy Decline and Party Decline

2017 ◽  
Author(s):  
Rudy B. Andeweg ◽  
David M. Farrell
Keyword(s):  
Political Parties ◽  
Empirical Evidence ◽  
Political Party ◽  
Political System ◽  
Party System ◽  
Political Support ◽  
The Political ◽  
Political Choices ◽  
Party Decline ◽  
Possible Cause

This chapter discusses the decline of political parties as a possible cause of the decline of legitimacy. Political parties constitute a link between the citizens and the political system, and therefore a loss of support could delegitimize the political system. However, the decline of political parties can only cause legitimacy decline if they are indeed in decline and if there is a causal relationship between citizens’ involvement in political parties and political support. The chapter argues that empirical evidence for party decline is limited, as parties may have undergone transformation rather than decline. Using ESS data from 2002 to 2010, the chapter finds only weak relations between political support and party membership and party closeness. However, being close to a particular party is more important than being a member of a political party, and is interpreted as a sign that the party system facilitates citizens in making meaningful political choices.

IX

2018 ◽  
pp. 355-368
Keyword(s):  
Soviet Union ◽  
Political Parties ◽  
Communist Party ◽  
Political Party ◽  
Party System ◽  
The Political ◽  
Final Decision ◽  
The Soviet Union ◽  
The World ◽  
Political Party System

This chapter is an addendum to Sahajanand’s main narrative which ended with imprisonment in April 1940. He actually wrote this part during 1946 to make his narrative up to date. He differed with the Congress decision to launch the Quit India Movement in August 1942 as he felt the situation had radically changed with Hitler’s attack on the Soviet Union. The world in general and India in particular was faced with the prospect of the fascist menace. It was during this phase that most of the political parties emerged from the Kisan Sabha and the Communist Party of India tried to take over the All India Kisan Sabha. Sahajanand became very critical of the political party system and reiterated his final decision never to join any political party. His narrative ends with a reference to the Dumraon struggle against the Dumraon Raja.

scholarly journals Evaluation on the Verification Implementation of Political Parties Participating in the 2019 General Election in Indonesia

2018 ◽  
Vol 11 (2) ◽  
pp. 101
Author(s):  
Supandi Supandi
Keyword(s):  
Information System ◽  
Political Parties ◽  
Judicial Review ◽  
Political Party ◽  
General Election ◽  
Decisive Factor ◽  
The Political ◽  
Constitutional Court ◽  
Normative Approach ◽  
Verification Process

The judgement of the Constitutional Court (MK) Number 53/PUU-XV/2017 oblige all political parties participating in the 2019 general election both established parties or new ones to comply to the re-verification process. Political parties participating in the 2019 General Election must adhere to a verification starting by completing a Political Party Information System (SIPOL). The issue started when the General Election Supervisory Agency (Bawaslu) decided that the SIPOL is not the decisive factor to decide whether a political party passed or failed the administration screening, resulting in the General Election Committee (KPU) to issue a Decision Letter regarding Political Parties participating in the 2019 General Election after the decision of the Bawaslu RI. After the KPU also issued SK Number 58/PL.01.1/Kpt/03/KPU/II/2018 regarding Political Parties participating in the 2019 General Election provoked the political parties stated to fail to become participants in the General Election, to submit complaint through the administrative court. The problem became more entangled when parties winning the complaint in the administrative court reported the KPU commissioners stating to conduct efforts of a judicial review (PK). This paper intents by normative approach to provide an evaluation on the verification process of political parties participating in the 2019 General Election and provide input on the efforts to improve the political parties’ verification process in the future.

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