KEWENANGAN PEMBUBARAN PARTAI POLITIK OLEH MAHKAMAH KONSTITUSI DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA (HAM)
Abstract: 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.
Keywords: Authority of
Constitusional Court, Political Parties, Freedom of Association, Human Rights
Penulis: Putu Eva Ditayani
Kode Jurnal: jphukumdd140356