scholarly journals Legal Aspect of Relationship between Political Parties, People, and People's Representatives

2021 ◽  
Vol 10 ◽  
pp. 716-721
Author(s):  
Dwi Putri Cahyawat ◽  
◽  
Zainal Arifin Hoesein

This article discussed the topic of political party membership in the Indonesian Parliament institutions, which is based on the pattern of relations between the People's Representatives and the people they represent, and their impact in the process of forming and implementing strategic policies that rely on popular sovereignty. The article focused on the study of politics of law in the institutionalization of political parties within the parliament's institutions and the impact on the exercise of popular sovereignty. This paper has several different approaches if related to the basic theory of democracy about political links which generally examines the relationship between political parties and their voters, between politicians and citizens, and between members of parliament and their people. The results emphasize the pattern of relations between the representatives of the people and the people they represent, in connection with the institutional existence of the Indonesian parliament which is the executor of people's sovereignty.

Jurnal Hukum ◽  
1970 ◽  
Vol 26 (2) ◽  
pp. 612
Author(s):  
Widayati

Indonesia is a sovereign country folk. One implementation of the sovereignty of the people is the election that followed by political parties for members of Parliament and members of parliament and individuals for DPD.Political parties are the main pillars of democracy. Establishment of political parties must meet the requirements in accordance with legislation. Terms of founding a political party regulated under Article 2 of Law No. 2 of 2008 on Political Parties.As the main pillar of democracy, political parties should be able to carry out its functions properly. There are some restrictions on political parties, among others, are prohibited from engaging in activities contrary to the Constitution of 1945 NRI and legislation; engage in activities that endanger the integrity and safety Homeland. If the ban is violated, then the government may ask the parties to the freezing of the District Court. If the parties do not accept the decision of freezing the District Court, it can be appealed to the Supreme Court. If the Supreme Court confirmed the decision of the PN, then the Government may propose the dissolution of the parties to the Court.The procedure by which parties to the Court daitur dissolution under Article 68 paragraph (1) and (2) of Law No 24 of 2003 on the Constitutional Court. Constitutional Court's decision regarding the request for the dissolution of political parties must be decided upon within a period of 60 (sixty) days after pemoohonan recorded in the Register of Case Constitution.Keywords: Parati dissolution of political, constitutional systemIndonesia


2011 ◽  
pp. 259-268
Author(s):  
Svetozar Ciplic

In this paper an attempt has been made to present one of the most prominent contradictions of the contemporary parliamentarianism in states which have a proportional voting system. This contradiction stems from the three-fold relationship between: a voter, a member of parliament (MP) and a political party from whose electoral list the MP is elected. On the one hand, a person does not have the possibility to be elected in the parliament if acting independently, outside the political party and its party mechanisms and logistical capacities. On the other hand, after being appointed the parliamentary term as a result of the party's will, the person attains the freedom, through their free term of office, to distance themselves from their political party, and even to leave it and join another political option. The paper also shows that this phenomenon significantly affects and deforms the principle of citizens' sovereignty, given that it is the political parties which have the major impact on the voters' sovereign will expressed at the elections. .


2020 ◽  
Vol 5 (1) ◽  
pp. 20
Author(s):  
Malicia Evendia ◽  
Armen Yasir ◽  
Yulia Neta ◽  
Ade Arif Firmansyah

The existence of regulation of recall rights of political parties as regulated in Law No. 17 of 2014 and Law No. 2 of 2008 bring a great influence on the position of legislative members. Based on these rules, legislators may be dismissed from their positions if proposed by Political Party. This certainly brings a polemic for the people as the sovereign owner, who have chosen their representatives through the electoral process, but when chosen representatives of the people can be dismissed from his position by a political parties through the mechanism of the right of recall. This research was done by doctrinal method approach as well as the use of the statute, historical, and conceptual approach. This results showed that the legal politics of recall right of political parties is actually only used as an instrument of the political parties in controlling its members in parliament in order to always adhere to the party's policy direction. This makes the recall right political party is legal products that characterized conservative or orthodox. The existence of a political party's recall rights order gives a great authority to the political parties to negate the result of the people's choice as the holder of sovereignty for the sake of the political party. The function of political parties as a means of political recruitment in the process of filling political office in this case as members of the legislature, should have been completed after the people chose their representatives through electoral mechanisms. Therefore, it is necessary for the reconstruction of the ideal and relevant recall rights arrangement to the people's sovereignty.


2019 ◽  
Vol 2 (4) ◽  
pp. 570-597
Author(s):  
Diastama Anggita Ramadhan

AbstractThe diversity of Indonesian people will affect the social condition, including political life and decision. About the general election, Indonesian people who consist of various tribes, culture, and religion, highly depend on the political party to transfer their aspirations. Indonesian political party has a vital role in Indonesian political culture.  Hence, there are so many political parties in Indonesia because of the number of its citizens. The multi-party mechanism becomes much more important, considering Indonesia's social and geographical conditions. In the context of simplifies the number of the political party in Indonesia, this process will damage the diversity of the people. This article is using normative research method. Later on the discussion, this article will discuss the simplifying process of the political party in Indonesia. Furthermore, it will also examine the impact of the political party simplification on the Unity of the nation. Keywords: General Election; Simplification; Political Party; Unity  AbstrakKeberagaman masyarakat Indonesia merupakan salah satu kelebihan bangsa. Keberagaman masyarakat tersebut kemudian akan mempengaruhi kondisi sosial masyarakat termasuk juga dalam hal politik. Terkait dengan pelaksanaan pemilihan umum, masyarakat yang terdiri dari berbagai suku budaya dan agama ini membawa konsekuensi banyaknya aspirasi masyarakat yang antara satu dengan yang lain membawa kepentingan yang berbeda. Partai politik sebagai salah satu kanal aspirasi masyarakat mempunyai peran yang sangat vital. Mekanisme multipartai di Indonesia menjadi suatu keharusan dengan melihan kondisi sosial dan geografis Indonesia. Dalam konteks penyederhanaan partai politik, proses penyederhanaan kemudian akan merusak tatanan keberagaman tersebut. Penulisan hukum ini menggunakan metode penelitian yuridis normatif. Pada bagian pembahasan penulis akan melakukan kajian terhadap proses penyederhaan partai politik yang pernah terjadi serta mengkaji bagaimana penyederhanaan jumlah partai politik ini dapat menyebabkan terjadinya disintegrasi bangsa. Kata Kunci: Pemilu, Penyederhanaan, Partai Politik, Persatuan


Author(s):  
Zoran Oklopcic

As the final chapter of the book, Chapter 10 confronts the limits of an imagination that is constitutional and constituent, as well as (e)utopian—oriented towards concrete visions of a better life. In doing so, the chapter confronts the role of Square, Triangle, and Circle—which subtly affect the way we think about legal hierarchy, popular sovereignty, and collective self-government. Building on that discussion, the chapter confronts the relationship between circularity, transparency, and iconography of ‘paradoxical’ origins of democratic constitutions. These representations are part of a broader morphology of imaginative obstacles that stand in the way of a more expansive constituent imagination. The second part of the chapter focuses on the most important five—Anathema, Nebula, Utopia, Aporia, and Tabula—and closes with the discussion of Ernst Bloch’s ‘wishful images’ and the ways in which manifold ‘diagrams of hope and purpose’ beyond the people may help make them attractive again.


Letonica ◽  
2021 ◽  
Author(s):  
Sergejs Kruks

Keywords: discourse analysis, general will, Latvian politics, political representation, Saeima Latvian citizens are characterised by a very low level of political activism. How can this be explained through an understanding of politics? Prior to the 2018 Saeima (Latvian parliament) election, voters were interviewed on Latvian television discussing the pronouncements of various members of parliament. The researcher explores the relationship between the comments of these voters and the way they feel their interests are being represented by the state’s law makers. Throughout the interviews, voters are critical of Saeima, yet they fail to clearly explain their interests. The generally agreed upon duty of MPs is to discover the general will of the people, and attempt to fulfil this will through law making. In Latvia, the concept of forming interest groups representing the desires of various groups of citizens to create public expressions of their opinions is not considered a viable resource for political action. The citizens being interviewed believe that they cannot expect to have their interests represented by Saeima and prefer individual strategies focused on non-political action.


Author(s):  
Lawrence Baum ◽  
Neal Devins

Today’s ideological division on the U.S. Supreme Court is also a partisan division: all the Court’s liberals were appointed by Democratic presidents, all its conservatives by Republican presidents. That pattern never existed in the Court until 2010, and this book focuses on how it came about and why it’s likely to continue. Its explanation lies in the growing level of political polarization over the last several decades. One effect of polarization is that potential nominees will reflect the dominant ideology of the president’s political party. Correspondingly, the sharpened ideological division between the two political parties has given presidents stronger incentives to give high priority to ideological considerations. In addition to these well-known effects of polarization, The Company They Keep explores what social psychologists have taught us about people’s motivations. Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological elites, and justices such as Clarence Thomas and Ruth Bader Ginsburg live in milieus populated by like-minded elites that reinforce their liberalism or conservatism during their tenure on the Supreme Court. By highlighting and documenting this development, the book provides a new perspective on the Court and its justices.


2018 ◽  
Vol 14 (1) ◽  
pp. 31
Author(s):  
Eka Adhi Wibowo

This study aims to explore the relationship between the accountability of political parties and the electability of political parties. Political parties are public institutions that should accountable for public funds they use in order to be a means of aspiration for society in politics and government. The accountability variables used in this study are political party compliance with regulation of election campaign fund reporting and the amount of campaign fund, while electability is measured by vote acquisition during the election. The exploration of the relationship will provide an overview of party accountability and public understanding of accountability that is a requirement for the realization of good governance.Keywords: accountability, electability, political parties, compliance audits, campaign funds ABSTRAKPenelitian ini bertujuan untuk melakukan eksplorasi mengenai hubungan antara akuntabilitas partai politik dengan elektabilitas partai politik. Partai politik adalah lembaga publik yang seharusnya memberikan pertanggungjawaban atas dana publik yang mereka gunakan dalam rangka menjadi sarana aspirasi bagi masyarakat dalam hal politik dan pemerintahan. Variabel akuntabilitas yang digunakan dalam penelitian ini adalah kepatuhan partai politik atas regulasi pelaporan dana kampanye pemilu dan besaran dana kampanye, sedangkan elektabilitas diukur dengan perolehan suara selama pemilu. Eksplorasi hubungan tersebut akan memberikan gambaran mengenai akuntabilitas partai dan pemahaman masyarakat mengenai akuntabilitas yang merupakan syarat perwujudan good governance.Kata kunci: akuntabilitas, elektabilitas, partai politik, audit kepatuhan, dana kampanye


Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas

This chapter considers the relevant provisions of Art. 21 of the Grundgesetz (GG) with regard to political parties. Art. 21 GG does not define the term ‘political party’ and provides only a description of its function, which is ‘to participate in the formation of the political will of the people’. There are two conceptions of political party in the literature: the model of the ‘party state’ and the model of ‘party competition’. Political parties display the elements described in both models. The chapter first examines the Federal Constitutional Court's jurisprudence concerning the definition of ‘party’ before discussing the constitutional freedom to found and organise parties, prohibition of parties, competition between political parties and equality of opportunity among parties, and party financing (private financing and state financing).


2017 ◽  
Vol 5 (2) ◽  
pp. 181-192
Author(s):  
R. Saravana Raja

This article presents an understanding of the nature of Vanniyar politics by delineating the workings of Vanniyar organizations such as the caste associations and the political party in the post-1980s period in Tamil Nadu. Even though scholarship on caste and politics is concerned with the relationship between caste associations and political parties, the interface and networking between and among these organizations, particularly of a political party that has emerged out of the caste movement, need much more attention. This article, therefore, maps the interrelations between the caste associations and the political party within the Vanniyars’ politics by outlining the specific issues on which these Vanniyar organizations work.


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