PEMBUBARAN PARTAI POLITIK DALAM SISTEM KETATANEGARAAN INDONESIA
Abstract: 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.
Penulis: Widayati
Kode Jurnal: jphukumdd110239