Title:
RECONSTRUCTION OF THE POLITICAL PARTY COURT ROLE AS THE DECISIVE ORGAN ON INTERNAL CONFLICT OF POLITICAL PARTIES IN INDONESIA'S CONSTITUTIONAL DESIGN

Authors:
Bachtiar

Volume:1 Issue: 9

Abstract:
In Indonesian contitutional design, the Political Party Court is an organ of political party that play a role in the resolution of internal conflicts of political parties. Political Party Court is oriented to strengthen the independence of political parties in the exercise of its functions as one of the pillars of democracy, especially the conflict resolution function. Nevertheless, the existence of the Political Party Court becomes meaningless due to the ambiguity of setting their own norms in the Political Party Laws. There are a number of norms related to the existence and role of the Political Party Court that seem ambiguous and give rise to legal complications in its application. Regarding that, it is time for the existence and role of the Political Party Court should be reconstructed in accordance with the spirit of the internal democratization of political parties. Reconstruction of Political Party Court's role is a diligence effort of political of law which must be realized in order to ground the principles of constitutional democracy as a model of the desired democratic constitution. Democracy that will be built and maintained in internal political party is a democracy based on the rule of law. Included in this is the settlement of disputes or internal conflicts of political parties should refer to the mechanisms of the Political Party Court. The presence of the Political Party Court is none other than to take care of internal democracy which is based on the law. In this paper, it will be described the legal issues related to the existence of the Political Party Court, the problems related normative political party's internal conflict resolution in the Political Party Court, and the urgency of strengthening the Political Party Court in the perspective of democracy. The purpose of this paper writing is to find the ideal role of the Political Party Court as decisive organ on internal conflicts in political parties in Indonesian constitutional design.

Citation:

[Bachtiar. "RECONSTRUCTION OF THE POLITICAL PARTY COURT ROLE AS THE DECISIVE ORGAN ON INTERNAL CONFLICT OF POLITICAL PARTIES IN INDONESIA'S CONSTITUTIONAL DESIGN." IJAH, vol. 1, no. 9, 2017, pp. 685-699. October. ]