Moh, Fakih (2011) IMPLIKASI PEMBATASAN YURIDIS PEMBUBARAN PARTAI POLITIK TERHADAP PRINSIP DEMOKRASI. Kajian Teori dan Praktik Pembangunan, 22 (2). pp. 95-212. ISSN 0852-6141
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Abstract
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 No.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 No.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
| Item Type: | Article |
|---|---|
| Subjects: | A General Works > AC Collections. Series. Collected works |
| Divisions: | Fakultas Keguruan dan Ilmu Kependidikan > S1 Pendidikan Pancasila dan Kewarganegaraan |
| Depositing User: | Drs. M.Si. Moh. Fakih |
| Date Deposited: | 30 Aug 2019 07:44 |
| Last Modified: | 30 Aug 2019 07:44 |
| URI: | http://repository.undaris.ac.id/id/eprint/36 |
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