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
ABSTRACT: 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.
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.
Constitutional 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:
“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.
“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.
“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.
“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.
THE PROTECTION OF CIVIL AND POLITICAL RIGHTS BY THE CONSTITUTIONAL COURT OF INDONESIA
* Published in Indonesia Law Review, Vol 6, No. 2, August 2016, pp. 159-179
Abstract: One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court’s role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association; (2) freedom of opinion, speech and expression; (3) freedom of religion; (4) right to life; and (5) due process of law. This research was conducted based on qualitative research methodology. It used a non-doctrinal approach by researching the socio-political impacts of the Constitutional Court’s decisions. Although there are still inconsistencies in its decisions, the research concludes that the Constitutional Court has taken a step forward for a better protection of civil and political rights in Indonesia that never existed prior to the reform.
Keywords: Civil and Political Rights, Constitutional Court, Human Rights, Indonesian Constitution