scholarly journals Mekanisme Pembubaran Partai Politik di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 239-242
Author(s):  
Ramot H.P Limbong ◽  
I Gusti Bagus Suryawan ◽  
I Nyoman Sutama
Keyword(s):  
Political Parties ◽  
Criminal Liability ◽  
Primary Source ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Research ◽  
Legal Entity ◽  
Preliminary Examination ◽  
The Status ◽  
Legal Arguments

Political parties as legal entities may be subject to criminal liability as they are seen from the characteristic of political parties in accordance with the characteristics of the legal entity. The dissolution of political parties becomes one of the legal issues governed by Indonesian legislation. The problem of this research is: 1) how is the Constitutional Court Authority in the dissolution of political parties in Indonesia? 2) How is the mechanism of dissolution of political parties? The type of research and approach problems used is normative legal research and statutory approaches. The source of the legal material used is the primary source of legal material and the source of secondary legal material. The technique of collecting legal materials is the technique of library study. The collected legal materials are processed and analyzed using legal arguments. The result of this research is the procedure of the dissolution of political parties in the Constitutional Court as follows: Application submission, application registration and trial schedule, preliminary examination, trial examination, meeting Judge, the verdict of the Constitutional Court. The result of the dissolution of political parties may result in external rights and obligations, due to elected positions, due to the status of managers and members and the consequences of internal rights and obligations.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Implikasi Putusan Mahkamah Konstitusi Terhadap Pembubaran Partai Politik Di Indonesia

2018 ◽  
Vol 4 (2) ◽  
pp. 227-239
Author(s):  
Hasir Budiman Ritonga
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Status ◽  
Party Members ◽  
The Republic

Judicial power in Indonesia under the 1945 Constitution of the Republic of Indonesia shall be exercised by the Supreme Court and the Constitutional Court. One of the authority of the Constitutional Court according to the 1945 Constitution of the Republic of Indonesia is to decide the dissolution of political parties. The facts in the current Indonesian system of ketatanegaran no cases of political parties that were dissolved through the decision of the Constitutional Court, it's just that the problem is when the Constitutional Court uses its authority to break the dissolution of political parties there are things that are formal juridically there is no clear rules, such as the legal status of party members who are not directly involved in the violation committed by the party and the status of party members who hold the position of members of the legislature both at the center and in the regions. So for that must be resolved by emphasizing the certainty, justice and benefit in the decision of the constitutional court

scholarly journals Pengaturan Alat Peraga Kampanye Dalam Pelaksanaan Pemilihan Kepala Daerah

2020 ◽  
Vol 6 (2) ◽  
pp. 113
Author(s):  
Choirul Anam
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Completion Time ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
Legal Principles ◽  
The People ◽  
Election Commission ◽  
Control Campaign

This study aims to explain the mechanism for electing governors and deputy governors, regents and deputy regents as well as mayors and deputy mayors who are directly elected by the people, through what we are familiar with direct regional head elections and to find out the authority of the general election commission (KPU ) in conducting the procure- ment, distribution and installation of campaign props (APK.) The method used in this research is legal research which is to find the rule of law, legal principles, and legal doc- trines in order to answer the legal issues encountered. In this study shows that given the authority of political parties or candidate pairs to hold campaign props a number of prob- lems arise, including the difficulty for the KPU to control or control campaign props held by political parties or candidate pairs starting from the number, completion time, until the design

scholarly journals Meninjau Ulang Ketentuan Presidential Threshold dalam Pemilihan Presiden dan Wakil Presiden di Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 49
Author(s):  
Aprilian Sumodiningrat
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Vice President ◽  
Legal Issues ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Minimum Threshold ◽  
Legal Policy ◽  
Materials Used ◽  
Institutional Actors

The presidential threshold is a requirement for the nomination of the President and Vice President to meet the minimum threshold percentage for support from the DPR or the number of valid national votes. Presidential threshold provisions are contained in various laws and regulations regarding Elections. This research is juridical study using a conceptual approach and statute approach. The legal materials used in this research are primary and secondary legal materials. The two legal materials are inventoried; then used as a basis for compiling a prescriptive study of the legal issues raised. The results of this study state that the presidential threshold has started since 2004. Regulations regarding post-reform elections always include a presidential threshold. Then, the presidential threshold has been 'tested' several times by the Constitutional Court. Various decisions of the Constitutional Court stated that the presidential threshold is one of the provisions which is the domain of open legal policy for legislators or the making of laws. Furthermore, the implication of the presidential threshold is aimed at simplifying the fragmentation of political parties in parliament. The nominations for the President and Vice President promoted by the parliamentary political party actually allow for more than two candidates; and it is also possible to have an Election that does not get the support of more than 50 persen of the voters' vote. Thus, effectiveness is needed regarding the implementation of the presidential threshold provisions in the presidential system by strengthening relations between presidential institutional actors and the President's non-institutional personnel. KEYWORDS: Presidential Threshold, General Election, Open Legal Policy.

CRIMINAL LIABILITY OF LEGAL PERSONS IN R. OF MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1947-1952
Author(s):  
Alban Kadriu
Keyword(s):  
Local Governments ◽  
Criminal Liability ◽  
Well Being ◽  
The State ◽  
Legal Person ◽  
Legal Entity ◽  
The People ◽  
The Status ◽  
The Republic ◽  
The One

Otherwise the subject of justice of a person with whom a person earns from his birth, a legal person is a product of the written law. In general, a legal entity is usually an organization that has ownership, economic activity, operational management, property and liability of its obligations with that property. Legal persons have their own will, their property they own and are responsible for their actions, which allows not being confused with the property of the people who founded it, nor of the will of all the people who work in it. Legal persons have an important role in everyday life. They are present and active in every field, because the legal system recognizes them as subjects of law.As an artificial creation created by law, a legal person also serves to create different collective goals and interests in society. However, it is important to note that all organizations, associations, institutions, etc., which exist today in the Republic of Macedonia, which have the property and organization of people working there, are not considered as legal entities. For this, the organization, company or the status of a legal person or the same should be foreseen in the state legal order. Criminal law in a country must, above all, serve the citizens, namely to assure their personal security and respect for human rights and fundamental freedoms, with proper functioning and due respect, above all of state bodies, but also of others. to enable citizens a peaceful life on the one hand, and on the other hand, the state will provide opportunities and a range of tools for maintaining the peace and well-being of citizens.From this we can conclude that if the offense is committed outside of the authority given to a natural person in this case the legal person can not be held responsible, but if the same case and despite being carried out outside the authorization is carried out in favor of the person legal entity in this case the legal person appears as an accomplice in the crime and to decide on his responsibility is the sufficient fact that the benefits he takes for himself or shares with his bailiff, noting the fact that the legal person and the person in charge of the person are collaborators of crime.From the criminal liability, the only excluded is the country by simple reason which would be illogical or with other words the state only accounts for themselves and their actions, while local governments are responsible only for offenses committed outside their public powers.

scholarly journals KEWENANGAN PEMBUBARAN PARTAI POLITIK OLEH MAHKAMAH KONSTITUSI DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA (HAM)

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Putu Eva Ditayani
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Political Party ◽  
Descriptive Analysis ◽  
The State ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Legal Research ◽  
Human Right ◽  
Human Rights Act

This research examines the dissolution of political party by Constitutional Court, that becomes its authorities based on Article 24C UUDNRI 1945, from human right perspective. Indonesia as the state that implemented law of state of law acknowledge human rights as stated in the Constitution. Neverttheless, freedom of association as one of the principle of human rights as regulated in the Constitution, which used as the base of formation of a political party, can be ruled out and has limited implementation in which norms conflict arises. Limitation of freedom association is reflected in the sanction imposed by the Constitutional Court regarding dissolution of political party. The dissolution of political party by the Constitutional Court refers to certain regulation as Act No. 39 of 1999 that regulating Human Rights, Act No. 24 of 2003 that regulating The Constitutional Court, Act No. 2 of 2008 regulating Political Party, and The Constitutional Court Regulation governing the dissolution of a political party procedures by the Constutional Court. This research is a normative legal research that investigates the dissolution of a political party by the Constitutional Court that contrasts with formation of a political party as a representation of freedom of association, one of the human rights principle, without assessment on implementations or practices regarding those norms. According to descriptive analysis based on legal material regarding this issue, the limitation of freedom to associate can be performed based on Article 4 ICCPR 1966 because it can be considered as a right that its fulfillment can be limited by law. That dissolution by the Constitutional Court is not considered as violation of freedom to associate since the sanction only be imposed to violation of regulations by political parties. The purpose of limitation is only to protect the integrity of Republic of Indonesia and the discipline of the community, nation, and state members.

scholarly journals Tafsir Konstitusional atas Kemandirian Penyelenggara Pemilu dan Pilkada

2019 ◽  
Vol 16 (2) ◽  
pp. 416
Author(s):  
Alboin Pasaribu
Keyword(s):  
Political Parties ◽  
Research Methods ◽  
Judicial Review ◽  
Functional Independence ◽  
Constitutional Court ◽  
Legal Research ◽  
Electoral Management Bodies ◽  
Independent Model

Pemilu yang adil dan kredibel hanya dapat direalisasikan jika dikelola oleh badan independen. Konstitusi menyatakan bahwa pemilihan dilakukan oleh badan penyelenggara yang mandiri tanpa menjelaskan lebih lanjut makna kemandirian tersebut. Melalui metode penelitian hukum normatif dan dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus, penelitian ini bertujuan untuk mengetahui model kelembagaan penyelenggara pemilu pascareformasi dan makna independensi Pasal 22E ayat (5) UUD 1945 berdasarkan interpretasi Mahkamah Konstitusi. Hasil penelitian menunjukkan bahwa model kelembagaan penyelenggara pemilu pascareformasi adalah model independen yang tidak melibatkan perwakilan partai politik dan birokrasi. Sebagaimana tampak dari berbagai putusan pengujian undang-undang, Mahkamah Konstitusi menafsirkan bahwa kemandirian lembaga penyelenggara pemilu yang dikehendaki oleh UUD 1945 adalah kemandirian institusional, kemandirian fungsional, dan kemandirian personal.Credible and fair election can only be realized if managed by an independent institution. The Constitution states that elections are carried out by independent electoral management bodies without further explanation of the meaning of independence. Through normative legal research methods and by using statutory and case approaches, this research aims to find out the model of post-reform election management bodies and the meaning of independence of Article 22E paragraph (5) of the 1945 Constitution based on Constitutional Court interpretation. The results of this research found that the post-reform election organizing model is an independent model that does not involve representatives of political parties and bureaucracy. As can be seen from the judicial review rulings, the Constitutional Court interprets that the independence of election management bodies desired by the 1945 Constitution includes institutional independence, functional independence and personal independence.

scholarly journals Menjerat Kader, Melepas Partai Politik; Pertanggungjawaban Pidana Partai Politik Dalam Kasus Tindak Pidana Korupsi

2020 ◽  
Vol 5 (1) ◽  
pp. 57-78
Author(s):  
Zulkifli Aspan ◽  
Wiwin Suwandi
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
Criminal Liability ◽  
Political Corruption ◽  
Legal Entity ◽  
Flow Of Funds ◽  
Party Elites ◽  
The Law ◽  
Administrative Sanctions

Amid the resounding steps of the KPK to carry out the law enforcement function of eradicating Corruption, there are still things that feel stagnant. The KPK does not or has not dared to ensnare political parties in corrupt criminal liability, using corruption laws. In each case with dimensions of political corruption, the KPK only ensnares party elites, but does not at the same time demand criminal liability from political parties. In fact, in several cases investigated, the flow of funds flowed into political parties. As a special offense, revising the Corruption Law, by entering the phrase "legal entity", in addition to the phrase "everyone" is needed to find, or build a channel to ensnare political parties in corruption criminal liability. accompanied by state losses and fines. Administrative sanctions can also be applied through freezing through the Kemenkumham or the dissolution of these political parties through the Constitutional Court's path when the KPK's charges and demands can be proven.

scholarly journals Desain Koalisi Permanen Partai Politik dalam Sistem Pemerintahan Indonesia

2021 ◽  
Vol 3 (1) ◽  
pp. 81
Author(s):  
Ahmad Siboy
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Research Problem ◽  
General Election ◽  
Pole Model ◽  
Legal Research ◽  
Indonesian Government ◽  
The Status ◽  
The Government

The pattern of political party coalitions that fluctuate ahead of the general election indicates that the coalitions are not built based on substantial interests but pragmatic interests. As a result, the status of each party becomes unclear, which one acts on the side of the government and which one acts as the opposition. This study aims to discuss the options of permanent coalition patterns that can be applied. The research problem of this study was “What is the permanent coalition design that can be applied in the Indonesian government system?”. This study used normative legal research with statutory, conceptual, and case-study approaches. The results indicated that a permanent coalition is needed to strengthen the coalition pattern of political parties as a support for the Indonesian government system. The permanent coalition design that can be applied is a two-pole model, in which there will only two coalition groups of political parties: parties supporting the government and parties opposing the government. This two-pole model can be balanced in terms of the power between a coalition of government parties and a coalition of opposition parties. Another design that can be adopted is the coalitions which are established based on the similarity of the ideology of each political party.

scholarly journals PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS DALAM TINDAK PIDANA KORUPSI PROYEK TERBATAS PEMBANGUNAN RUMAH SAKIT (STUDI PUTUSAN NO.15 /PID.SUS-TPK/2018/PN.MDN)

2021 ◽  
Vol 2 (01) ◽  
pp. 103-132
Author(s):  
Marthin Simangungsong ◽  
Herlina Manullang ◽  
Tulus R.G Purba
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Limited Liability ◽  
Criminal Code ◽  
Development Project ◽  
Company Law ◽  
Limited Liability Company ◽  
Legal Research ◽  
Legal Entity ◽  
Project Study

The existence of corporations in the Criminal Code provisions that currently apply has not clearly stipulated corporations as perpetrators of crime because only Article 59 of the Criminal Code still regulates corporate provisions. However, the provisions of regulations outside the Criminal Code have clearly regulated the existence of corporations as legal subjects such as Law Number 40 of 2007 concerning Limited Liability Companies. Corporate criminal crime in its development has been widespread in people's lives, this can be done by the management of the corporation itself. The form of corporation in its development is in the form of legal entity and non-legal entity, one of which is a legal entity is a Limited Liability Company, in Article 82 of the Company Law Director is the management of the company, the Director represents the Limited Liability Company in and out of Article 82 of the Company Law. As for the problem in this research is how the criminal responsibility of the Director of a Limited Company in a criminal act of corruption in a hospital development project (study of decision number 15 / Pid.Sus-TPK / 2018 / PN.Mdn)The legal research method used in this study is a type of normative legal research that is research used by searching or analyzing and analyzing library materials, one of which is Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn. Then based on the results of research on Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn it can be concluded that based on the deeds and errors of the Director of PT. Care Indonusa has fulfilled the element of error, criminal liability requirements and found no excuses for excuses or justifications, so that criminal liability can be requested from the Director of a Limited Liability Company. Based on the above, the judge sentenced him to 5 (five) years in prison as a form of criminal liability to the Director of PT. Care Indonusa.

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