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.