Preventing Authorization Deviation of the Minister of Law and Human Rights to Political Parties in Indonesia through a one Roof Political Judging System

Tri Cahya Indra Permana, Maftuh Effendi, Oki Hajiansyah Wahab, HS Tisnanta

Abstract


Law Number 31 of 2002 regarding Political Parties provides authority to the Minister of Law and Human Rights to register changes in the leadership of political parties was previously intended as a state administrator in the field of law and politics. The problem arises when the authority given in 2002 slowly shifted to become a government tool to obtain the support of political parties which is very dangerous for democracy and parties’ independency. Settlement of political parties’ leadership conflict is an integral part of the registration of political parties’ leadership therefore an ideal dispute settlement model is needed. This paper is the result of a research on the Court judgments in the dispute of political parties’ leadership. Ultimately this paper offers a One Roof Political Judgment Concept where one justice agency is empowered with an overall authority starting from the authority to examine the properness of the political party leadership at the central level and the Official decision regarding changes in the political party’s leadership at the central level by Bawaslu. During all this time the General Election Supervisory Agency (Bawaslu) itself has acted as quasi justice given the authority to adjudicate all issues of the general election involving political parties. Bawaslu itself consist of professionals in the field of general election which are not affiliated to the political parties and controlled by the Election Advisory Board (DKPP). Through this model Political parties, KPU and Bawaslu shall become a sub-sub system of the political justice system in Indonesia.

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DOI: https://doi.org/10.5539/jpl.v11n2p73

Copyright (c) 2018 Oki Hajiansyah Wahab

License URL: http://creativecommons.org/licenses/by/4.0

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