The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights


THE DISSOLUTION OF POLITICAL PARTIES IN INDONESIA: LESSONS LEARNED FROM THE EUROPEAN COURT OF HUMAN RIGHTS

Pan Mohamad Faiz, Constitutional Court of Indonesia

* This article was published in Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10

journal-of-legal-ethical-and-regulatory-issues-flyerABSTRACT: This article aims to examine several important decisions related to the dissolution of political parties decided by the international human rights courts. It aims to conclude that there are general guidelines on political party dissolution established by the European Court of Human Rights (ECtHR) and uses sources obtained from relevant case studies to support it. Not only does the research highlight that the ECtHR provides requirements that must be fulfilled by the government to justify dissolution, it also dictates the procedural requirements for the restriction of political parties. These guidelines are necessary in a democratic society, regardless of its limited ‘margin of appreciation’. Although Indonesia is not a state party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the interpretation and legal considerations made by ECtHR could be applied by the Constitutional Court in deciding the outcome of political party dissolution cases in Indonesia. Thus, ensuring that the Constitutional Court’s future jurisprudence complies with the international standards of human rights.

Keywords: Constitutional Court, European Court of Human Rights, Freedom of Association, Political Party Dissolution.

Full Article can be downloaded here or here.

Citation:

  • Faiz, Pan Mohamad. “The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights”. Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10.

CONSREV, Vol. 4, No. 2 (December 2018)


PUBLISHED: CONSREV, VOL. 4, NO. 2 (December 2018)

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Constitutional Review (CONSREV) is an international journal published by the Center for Research and Case Analysis and Library Management of the Constitutional Court of Indonesia. The fundamental aim of this journal is to disseminate research and conceptual analysis which focus on constitutional issues.

In the last edition of Year 2018, six articles are presented by constitutional law scholars from various universities and institutions, as follows:

  1. “Megapolitical Cases before the Constitutional Court of Indonesia since 2004: An Empirical Study” by Associate Professor Björn Dressel (Australian National University) and Professor Tomoo Inoue (Seikei University). DOI: https://doi.org/10.31078/consrev421.
  2. “Indonesia’s Judicial Review Regime in Comparative Perspective” by Professor Theunis Roux (University of New South Wales). DOI: https://doi.org/10.31078/consrev422.
  3. “Korean Constitutional Court and Constitutionalism in Political Dynamics: Focusing on Presidential Impeachment” by Jin Wook Kim (The Constitutional Court of Korea). DOI: https://doi.org/10.31078/consrev423.
  4. “Referencing International Human Rights Law in Indonesian Constitutional Adjudication” by Bisariyadi (The Constitutional Court of Indonesia). DOI: https://doi.org/10.31078/consrev424.
  5. “Constitutional Retrogression in Indonesia Under President Joko Widodo’s Government: What Can the Constitutional Court Do?” by Abdurrachman Satrio (University of Padjadjaran). DOI: https://doi.org/10.31078/consrev425.
  6. “Harmonization of Regulation Based on Pancasila Values Through the Constitutional Court of Indonesia” by Tedi Sudrajat (Jenderal Soedirman University). DOI: https://doi.org/10.31078/consrev426.

The Editors expect that this issue might give some new insight and understanding on recent developments on constitutional law and constitutional courts in broader nature to our readers. The full issue of this edition can also be downloaded here: https://bit.ly/2U7sqIQ. Please feel free to share this journal with others.

Best regards,

Pan Mohamad Faiz, Ph.D.

Editor-in-Chief

 

CONSREV, Vol. 4, No. 1 (2018)


JUST PUBLISHED: CONSREV, VOL. 4, NO 1 (2018)

COVERConstitutional Review (CONSREV) is an international law journal published by Center for Research and Case Analysis and Library Management of the Constitutional Court of the Republic of Indonesia. The fundamental aim of this journal is to disseminate research, conceptual analysis, and other writings which focus on constitutional issues.

In this first edition of Year 2018, six articles are presented by legal and constitutional scholars from various universities, as follows:

  1. “The Function of Judicial Dissent in Indonesia’s Constitutional Court” by Professor Simon Butt (Sydney Law School). DOI: https://doi.org/10.31078/consrev411.
  2. “Filling the Hole in Indonesia’s Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction” by Professor Tim Lindsey (Melbourne Law School). DOI: https://doi.org/10.31078/consrev412.
  3. “Proportionality Test in the 1945 Constitution: Limiting Hizbut Tahrir Freedom of Assembly” by Giri Ahmad Taufik (Griffith Law School). DOI: https://doi.org/10.31078/consrev413.
  4. “Mainstreaming Human Rights in the Asian Judiciary” by Desi Hanara (Leiden Law School). DOI: https://doi.org/10.31078/consrev414.
  5. “Revisiting Liberal Democracy and Asian Values in Contemporary Indonesia” by Muhammad Bahrul Ulum and Nilna Aliyan Hamida (University of Jember). DOI: https://doi.org/10.31078/consrev415.
  6. “The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations” by Putra Perdana Ahmad Saifulloh (Bhayangkara University). DOI: https://doi.org/10.31078/consrev416.

The Editors expect that this issue might give some new insight, judgement, and understanding on constitutions, constitutional court decisions, and constitutional issues in broader nature to our readers. The full issue of this edition can also be downloaded here: https://bit.ly/2xv7LrU. Please feel free to share with others.

Best regards,

Pan Mohamad Faiz
Editor-in-Chief

Legal Problems of Dualism of Judicial Review System in Indonesia


LEGAL PROBLEMS OF DUALISM OF JUDICIAL REVIEW SYSTEM IN INDONESIA

* Published in Jurnal Dinamika Hukum, Vol. 16, No. 2, May 2016, pp. 187-195

screen-shootAbstract: Indonesia implements dualism of judicial review system because there are two different judicial institutions that are granted the authority to review laws and regulations, namely the Constitutional Court and the Supreme Court. This research aims to analyse the problems caused by the dualism of judicial review system. It found two main legal problems of the current system. First, there is an inconsistency of decisions concerning judicial review cases for the same legal issues decided by the Constitutional Court and the Supreme Court. Second, there is no mechanism to review the constitutionality of People’s Consultative Assembly (MPR) decisions and regulations under the level of law. Based on these findings, this research suggests that the authority to review all laws and regulations should be integrated under the jurisdiction of the Constitutional Court.

Keywords: Constitutional Court, Constitutional Review, Judicial Review, Indonesian Legal System

Download: here.

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