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

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.

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

ADLIYA: Jurnal Hukum dan Kemanusiaan ◽

10.15575/adliya.v15i2.13770 ◽

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.

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The Officer Compliance of Interlocutory Decisions of The Administrative Court (The Study of Golkar Party and Persatuan Pembangunan Party)

Ajudikasi Jurnal Ilmu Hukum ◽

10.30656/ajudikasi.v4i1.1604 ◽

2020 ◽

Vol 4 (1) ◽

pp. 1-14

Author(s):

Ahmad Gelora Mahardika

Keyword(s):

Human Rights ◽

Political Parties ◽

Case Studies ◽

Political Party ◽

Research Method ◽

The State ◽

The Postponement

This study aims to examine and find out how to determine the postponement of the State Administrative Court related to Political Parties, as well as to evaluate the Government's compliance with the Court's Decision even though the decision was in the form of a decision. The focus of this research is related to the government's attitude towards the determination of the delay issued by the Jakarta Administrative Court to the Decree of the Minister of Law and Human Rights related to the management of the United Development Party and the Golkar Party. The research method in this article is normative juridical using the legislative approach and looking at case studies in the United Development Party and the Golkar Party. The conclusion in this article is that the adjournment of the administrative court adjournment is not effective, especially those related to internal political party disputes.

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THE ROLE OF THE STATE IN THE IMPLEMENTATION OF DEMOCRACY AND HUMAN RIGHTS IN INDONESIA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v6i1.11522 ◽

2017 ◽

Vol 6 (1) ◽

Author(s):

Muh. Alfian

Keyword(s):

Human Rights ◽

War Crimes ◽

The State ◽

Legal Research ◽

Human Right ◽

Library Research ◽

Role Of The State ◽

State Participation ◽

Corporate Social

ABSTRACTThis research aimed to examine to what extent the role of the State participation in applying the principles of democracy and human right in Indonesia. This research is normative legal research (library research). There are two obligations of state toward human rights namely, protection and realization. Protection requires the role’s state to guarantee and to protect human rights. Meanwhile, realization is obligation demanded State to act actively in keeping human rights. Human Right violations aren’t only done by State, but also non-State actors covering either individual or corporation. The obligation and responsibility to keep human rights are important because we are not only face human crimes, genocide or war crimes but also poverty and undeveloped. The obligation and reponsibility of corporation are realized in the form of Corporate Social Responsibility , especially in community development.Keyword : State, Democracy, Human Rights

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Prospects of decriminalization and legalization of euthanasia in Ukraine

Uzhhorod National University Herald. Series: Law ◽

10.24144/2307-3322.2021.64.10 ◽

2021 ◽

pp. 55-60

Author(s):

A.P Lutsenko ◽

D.I. Khairullina

Keyword(s):

Human Rights ◽

Assisted Suicide ◽

State Level ◽

Legal Framework ◽

Legal Regulation ◽

The State ◽

Constitutional Court ◽

Right To Life ◽

Human Right ◽

The Right

This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.

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PENERAPAN ASAS ERGA OMNES DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30/PUU-XVI/2018 DIKAITKAN DENGAN ASAS NEGATIVE LEGISLATOR

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i2.2924 ◽

2019 ◽

Vol 1 (2) ◽

pp. 800

Author(s):

Muchamad Lutfi Hakim ◽

Rasji .

Keyword(s):

Political Parties ◽

Supreme Court ◽

Judicial Review ◽

Political Party ◽

Research Method ◽

Review Article ◽

Court Decision ◽

Constitutional Court ◽

Legal Research

The problem began because there was an Application to Judicial Review Article 182 Letter l specifically in the phrase "other work" Law Number 7 of 2017. The applicant requested the Constitutional Court to interpret the phrase "other work". The request was finally granted by the Constitutional Court which interpreted the phrase "other work" in Article 182 letter l of the Act to also serve as a Political Party Functionary. For the Decision, there are Parties who disagree, finally the KPU Regulation Number 26 Year 2018 which accommodates the MK Decision so that candidates for DPD members resign from Political Parties to the Administrative Court and MA. The problem is that the Decision of the Administrative Court and Supreme Court is different from the Constitutional Court Decision, both decisions allow political party functionaries to register as candidates for the DPD. In solving these problems the author uses the Normative Legal Research Method, the author's conclusion is that the principle of the Erga Omnes and the principle of the Negative legislator attached to the Constitutional Court Decision is not effective. While the author's suggestion is that there is a need for a revision of the Constitutional Court Law by adding sanctions to institutions or communities that do not follow the MK Decision.

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HAK ASASI MANUSIA DAN DEMOKRASI DI INDONESIA

Media Keadilan: Jurnal Ilmu Hukum ◽

10.31764/jmk.v9i2.2307 ◽

2018 ◽

Vol 9 (2) ◽

pp. 172

Author(s):

Fitriani Amalia ◽

Anies Prima Dewi

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Descriptive Analysis ◽

The State ◽

Legal Research ◽

The Rule Of Law ◽

Role Of The State ◽

Qualitative Descriptive ◽

Democratic Country

The existence of human rights in the conception of the rule of law and democracy in Indonesia is the most basic. However, the concept of regulating human rights by the state does not mean that there is a restriction on human rights by the State, but the concept is regulation by the State. Using normative legal research, also called doctrinal law research. In this type of legal research, law is often conceptualized as what is written in laws and regulations (law in books). Analyzed using qualitative descriptive analysis. The results of this study indicate that, in a democratic country, the implementation of human rights is a must. The degree of implementation of democracy and human rights is also influenced by the role of the State. The implementation of democracy and human rights with the people's sovereignty are ideals to be achieved.Keywords: democracy; human rights. AbstrakKeberadaan Hak Asasi Manusia dalam konsepsi Negara hukum dan demokrasi di Indonesia suatu hal yang paling mendasar. Namun konsepsi pengaturan hak asasi manusia oleh negara tersebut bukan berarti terjadinya pengekangan hak asasi manusia oleh Negara, namun konsepsinya adalah pengaturan oleh Negara. Menggunakan penelitian hukum normatif, di sebut juga penelitian hukum doktrinal. Pada penelitian hukum jenis ini, acapkali hukum di konsepkan sebagai apa yang tertulis dalam peraturan perundang undangan (law in books). Dianalisis menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa, pada suatu Negara yang berdemokrasi, implementasi Hak Asasi Manusia merupakan suatu keharusan. Tingkatan implementasi demokrasi dan hak asasi manusia juga dipengaruhi oleh peran Negara. Implementasi demokrasi dan Hak asasi manusia yang berkedaulatan rakyat merupakan cita-cita yang hendak dicapai.Kata Kunci : demokrasi; hak asasi manusia.

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Is There a Right to Free Movement across Borders?

10.1093/oso/9780190909222.003.0006 ◽

2018 ◽

Author(s):

Sarah Song

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Free Movement ◽

Individual Freedom ◽

Freedom Of Association ◽

Human Right ◽

Freedom Of Movement ◽

The Third ◽

The Right ◽

Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

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

Slavic Review ◽

10.2307/1520270 ◽

2004 ◽

Vol 63 (1) ◽

pp. 66-89 ◽

Cited By ~ 10

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.

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Remarks by Sean D. Murphy

Proceedings of the ASIL Annual Meeting ◽

10.1017/amp.2021.37 ◽

2020 ◽

Vol 114 ◽

pp. 193-199

Author(s):

Sean D. Murphy ◽

Claudio Grossman

Keyword(s):

Human Rights ◽

International Law ◽

The State ◽

Human Right ◽

Human Rights Movement ◽

Interstate System ◽

International Human ◽

The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

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Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis

Sravnitel noe konstitucionnoe obozrenie ◽

10.21128/1812-7126-2021-2-149-179 ◽

2021 ◽

Vol 30 (2) ◽

pp. 149-179

Author(s):

Andrey Vershinin

Keyword(s):

Law Enforcement ◽

Political Parties ◽

Russian Federation ◽

Party System ◽

Large Scale ◽

Political Competition ◽

Constitutional Court ◽

Freedom Of Association ◽

The Russian Federation ◽

The Creation

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.

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