The Authority Of Constitutional Court In Dissolution Political Parties In Indonesia
Abstract: The purpose of this research is to know the substance of authority of the Constitutional Court in dissolution the political parties in Indonesia. The problems analysis is how is the legal authority of Constitutional Court in dissolution the political parties and how is the implementation of those authority, included the ideal model of political parties dissolution trough the constitutional Court. The Research is located in Constitutional Court of Republic Indonesia. The authority of the Constitutional Court in dissolution of political parties, have analysis from the substance, whether the philosophy substance, legal theory and the normative aspect. The result of this research are described detail and systematically. Analysis of legal materials is done qualitatively and prepared in accordance with the purpose of research. The result of this research has shown that substances of the authority of Constitutional Court in dissolution the political parties in Indonesia is to enforcement the law and justice in accordance with the authority regard to the Constitution RI 1945 in order to get the legal supreme. The Constitutional Court is a guardian and interpreter of constitution in order to be able to implemented well as what people willing to and along with the purpose of democracy. The conduct mechanism of its authority in dissolution the political parties is based on the constitution on the court mechanism that based on the legal supreme principle, accountability, human rights and democracy by not put other interest into priority on top of people and state interest. The model of dissolution of those political parties in Constitutional Court is shall given basic right to the 3 elements, which are the government, legislations and people to take any act as the applicant in the dissolution of political parties. While for the legislation side and people can be recognized as the alternative applicant on it case. The Legislation and people can be an alternative applicant when the government is difficult time to act as mentioned on the law.
[Muhammad Akbal, Aminuddin Ilmar, Abdul Razak, Hamzah Halim (2014); The Authority Of Constitutional Court In Dissolution Political Parties In Indonesia Int. J. of Adv. Res. 2 (8). 0] (ISSN 2320-5407). www.journalijar.com
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