IMPLIKASI PEMBATASAN YURIDIS PEMBUBARAN PARTAI POLITIK TERHADAP PRINSIP DEMOKRASI

Moh. Fakih

Abstract


Abstrak: The dismissal of political party still rises polemic due to its existence in a state having democratic political system which is assumed as a "condition sine quanon". Nevertheless, based on judicial point of view a political party can be dismissed if its ideology is opposed to state ideology and abusing the law. The dismissal of political party by the constitution supreme court could only be carried out based on judicial reasons such as trespassing forbidden rules as confirmed in the Article 40 Act Number 2 of the Year 2008 concerning Political Party. However, its implementation still rises uncertainty democracy principle due to the existence of judicial limitations related to the article 68 point one (1) and point two (2) Act Number 24 of the Year 2003 concerning the Constitution Supreme Court justified as to rise obscurity. Therefore the step to be done is to revise the article 68 point one (1) which is considered not democratic and hindering the public to claim a particular political party trespassing, and the sentence formulation in article 68 point two (2) is provided broad or extensive interpretation. It is hoped that in the state of law as Indonesia, might create the certainty of law and the realization of the principle of equality before the law.
Key words: political parties, democracy, haziness, revision
Kata kunci: partai politik, demokrasi, kekaburan, revisi

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