POLITIK HUKUM PEMBUBARAN PARTAI POLITIK BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI

Abstract

Legal Politics which is the direction of a legal policy made officially by the state
regarding laws that will be enforced or will not be enforced to achieve state goals within a
certain period as well as a formal-procedural mechanism that determines whether or not this
law-making procedure is legal can be related to legal development which cannot be separated
from the social reality that lives in a country. The dissolution of political parties is regulated in
articles 68 to 73 of Law no. 24 of 2003 concerning the Constitutional Court. As in other cases,
in an application for the dissolution of a political party, there are three (3) possible decisions
that will be handed down by the constitutional court, namely the application is declared
inadmissible, the application is granted and the application is decided within 60 days. If the
constitutional court is of the opinion that the petition does not meet the requirements. So that
resulted in weaknesses in the constitutional court, related to the existence of Legal Standing
holders for proposing the dissolution of political parties which were only proposed by the
government. Until now, the Constitutional Court has never decided to disband a political party
because it has never been brought to court.
The purpose of this study is to find out an idea that there is a weakness in the
Constitutional Court in the dissolution of political parties in Indonesia. This type of research
is normative in which the writer tries to collect and analyze bibliographical data as a writing
source which is divided into primary, secondary and tertiary data.
The results of this study are that the dissolution of political parties is due to party
activities that are contrary to Pancasila, and the 1945 Constitution of the Republic of
Indonesia. So that there is a weakness in the Constitutional Court in dissolving political
parties, which no longer fulfills the requirements determined by laws and regulations and
does not carry out its obligations and does not carry out its functions in accordance with
applicable laws and regulations, in laws and regulations, legal politics has a very important
role as a necessary reason in the formation of a statutory regulation and becomes a
formulation in articles. Indonesia is a democratic country that must uphold democratic values
and the concept of law must have an obligation to guarantee legal order, guarantee the
upholding of a law as a prosperous socio-economic concept for service.
Keywords: Legal Politics - Constitutional Court - Dissolution of Political Parties