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All Journal Constitutionale Journal of Constitutional Law Society (JCLS)
Yusuf Mulya Kharismawan
Universitas Lampung
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Decision of The Constitutional Court on Verification of Political Parties Yusuf Mulya Kharismawan; Yulia Neta; Muhtadi Muhtadi
Constitutionale Vol. 4 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v4i1.2789

Abstract

Political parties are the political suprastructure in a democratic country as a means for citizens to occupy political positions through general elections. The requirements for verifying political parties participating in an election are always contained in every election law making it difficult for political parties to pass verification as well as excluding several political parties that have met certain verification requirements so that they are immediately declared as participants in the next elections. This exception is not in accordance with several Constitutional Court Decisions which have the same substance which consistently declares unconstitutional, except for the Constitutional Court Decision Number 55/PUU-XVIII/2020. The research method used is normative juridical regarding laws and regulations, namely Law Number 7 of 2017 concerning Elections, accompanied by comparative study of jurisprudence  Constitutional Court's decision regarding an application for judicial review of political party verification accompanied by literature studies. The research analysis uses a qualitative approach to understand more deeply the legal phenomena that occur and examines the substance to obtain specific conclusions on what is studied. That decision based on a discussion of this research is inconsistent because the arguments and materials of the 1945 Constitution used are different and the Constitutional Court is not required to use jurisprudence as a basis for consideration even though there are similarities in substance.
VERIFICATION OF POLITICAL PARTIES PARTICIPATING IN GENERAL ELECTIONS BEFORE AND AFTER THE DECISIONS OF THE CONSTITUTIONAL COURT: VERIFIKASI PARTAI POLITIK PESERTA PEMILIHAN UMUM SEBELUM DAN SESUDAH PUTUSAN MAHKAMAH KONSTITUSI Yusuf Mulya Kharismawan
Constitutional Law Society Vol. 2 No. 1 (2023): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.349 KB) | DOI: 10.36448/cls.v2i2.40

Abstract

Political parties are the political superstructure of a democratic country, namely as a means for citizens to occupy political positions through general elections. The requirements for passing verification as election participants by the General Elections Commission must be met by political parties contained in the election law, by making it harder for political parties to pass verification as well as exceptions for several political parties that have met certain verification requirements so that they are immediately designated as participants to next elections. The exception is not in accordance with Article 27 paragraph (1), Article 28D paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution as unconstitutional through several decisions of the Constitutional Court. The purpose of this study is to determine the conditions for passing the verification of political parties participating in the General Election before and after the Constitutional Court Decision, and analyze the considerations of the Constitutional Court judges regarding the requirements to pass the verification of political parties participating in the General Election based on the principle of equal treatment before the law, using a normative approach. It can be concluded that the considerations of the Constitutional Court regarding the verification requirements of political parties participating in the general election are inconsistent because the material test of the 1945 Constitution used are different and there is not required for the Constitutional Court to use jurisprudence as a basis for consideration even though there are similarities in substance.
Co-Authors Muhtadi Muhtadi Yulia Neta .