PEMBERIAN LEGAL STANDING KEPADA PERSEORANGAN ATAU KELOMPOK MASYARAKAT DALAM USUL PEMBUBARAN PARTAI POLITIK
Abstract: Political party and
corruption in Indonesia can be allegorized as two sides of a coin, both of
which relate closely to each other. Law No. 2 of 2008 in conjunction with Law
No. 2 of 2011 on Political Party mentions one of the reasons of the political
party dismissal, namely conducting an activity which violates the regulations
of law. The proposition to dismiss a political party comes only from the
Government. This fact closes the opportunity of other parties like individual
or community group to propose a political party dismissal. The problems studied
in this research are: First, the reason why an individual or a community group
should be given the legal standing in the proposition of the political party
dismissal. Second, the relevance of the legal standing provision to an
individual or a community group in the proposition of the political party
dismissal. Third, what attempt that can be conducted to provide the legal
standing for an individual or a community group in the proposition of the
political party dismissal. The method used in this research is normative
juridical method employing law material approach. The result of the research
concludes that: First, the urgency to provide the legal standing for an
individual or a community group in the proposition of the political party
dismissal to interpret the implementation of the people sovereignty in the law
state principle. Second, by the provision of legal standing for an individual
or a community group, the citizen monitoring toward the political parties will
be more effective. Third, the attempt that can be conducted to provide legal
standing for an individual or a community group in the provision of the
political party dismissal is by revising the Constitutional Court Law.
Penulis: Allan Fatchan Gani
Wardhana, Harry Setyanugraha
Kode Jurnal: jphukumdd131159
