Democratizing Political Parties Institution Through Checks and Balances Mechanism

Political parties are the most important tools in creating a democratic society. But this only happens when they organize themselves democratically, not oligarchical as what is seen at almost all political parties in Indonesia. Most of party management is left entirely to a handful of people or even to only one person, the chairman. Thereby, the political party design is very dependent on the general chairman. The chairman power becomes very infinite and tends to be authoritarian. In fact, one-man-centered power will only lead to corrupt and undemocratic leadership. There should be a balancing institution within the institution of political parties to conduct the mechanism of checks and balances and the general chairman authoritarianism can be minimized or even prevented completely. At last, it is expected that there is a process of democratization within the internal political parties as absolute environment for political parties to become the pillar for the upholding of democracy of the nation. Keywords: democratization, political parties, checks and balance

Democratization of Legislative Prospective Candidate Selection: Urgency and Its Parameters

Introduction to The Problem: One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties.Purpose/Objective Study: This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate.Design/Methodology/Approach: This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study.Findings: The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated?Paper Type: Research Article

Intra-party Democracy: The Practices on the Election of Prosperous Justice Party President

This paper will analyze the arrangements and practices for the election of chairperson (president) of the Prosperous Justice Party as one of the party's instruments in implementing intra-party democracy. There are two main issues to be discussed, namely: (i) has the regulation of the election of the president of the Prosperous Justice Party reflected democratic arrangements? (ii) has the democratic election been conducted in the Presidential Election for the Prosperous Justice Party? To answer this question, researchers examine all the laws and regulations relating to the legal issue in question. The laws and regulations referred to fall into two categories, namely primary and secondary legal materials. The results showed that both in terms of formulation of rules and practice, the election of the president of the Prosperous Justice Party is still far from democratic values. It is caused by the following five factors: (1) the right of nomination is not open to all party members but is nominated by the chairman of the Advisory Council, (2) the right to vote does not involve broad party elements but only becomes the authority of the members of the Advisory Council, (3) presidential candidates parties are not elected through a voting mechanism, but by appointment (acclamation), (4) the nature of the election is not competitive because it is always only followed by a single candidate, and (5) there is a limitation of the term of office of five years, but there is no limit on how many times. It has the potential for a party presidential position to be held by one person for an unlimited period

MENGGUGAT PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENCALONAN MANTAN NARAPIDANA DALAM PEMILU

The constitutional court through its decision No. 42 / PUU-XIII / 2015 states that all ex-convicts may run in elections as long as their political rights are not revoked by the court. They are only required to honestly and openly announce to the public about their convict status. according to the Court, the limitation and even revocation of the political rights of ex-convicts must not be carried out by lawmakers through legislation instruments but must be with a court decision as regulated in Article 35 paragraph (1) number 3 of the Criminal Code. This decision is not entirely correct for two reasons. First, Indonesia as a country that adheres to a continental European legal system (civil law system), the law has a higher position as a source of law (primary sources of law). Whereas the court's decision only as one of the secondary sources of law. Second, the conflict between the Election Law and the Criminal Code should be resolved according to the lex specialis derogat legi generalist principle. Thus, the prohibition for ex-convicts to run for the election as regulated in the Election Law should be interpreted as a specialist regulation so that it can override the provisions contained in the Criminal Code

Political Parties as Legal Entities: An Academic Debate

This paper aims to provide an academic brief on the status of political parties as legal entities amid debates on whether political parties stand as private or public legal entities. Based on doctrinal research, the results of the study conclude that although there is an impossibility to firmly place the position of political parties as public or private legal entities considering political parties do have two dimensions, namely private and public, the evidence shows that political parties are more appropriately positioned as legal entities under the public law based on three arguments. First, the party is an important and key institution for the success of democratic work. Second, the relationship between the party and the people is getting further apart, while the relationship between the political party and the state is getting stronger. Third, political parties receive the aid of public funding. Keywords: Political Party, Private, Publi

Holistic Supervision of the Judges of the Indonesian Constitutional Court

The issuance of the latest Constitutional Court Law, Law Number 7 of 2020 on the Third Amendment to Law Number 24 of 2003 on the Constitutional Court, does not bring significant changes in the mechanism for monitoring constitutional court justices and the enforcement of the Code of Ethics and Conduct of Constitutional Justices. This paper aimed to offer a more holistic means of supervising constitutional court judges. The idea is a triangle of supervision consisting of internal control of individual judges, internal control of the institution, and external supervision. Keywords: Supervision of Judges/Justices, Constitutional Court, Code of Ethics, Judges Integrity&nbsp

Perbandingan Kebijakan Hukum terhadap Tanggung Jawab Transnasional Corporations Atas Pelanggaran Hak Menikmati Lingkungan yang Sehat di Beberapa Negara

Most TNCs investing in developing countries control the exploitation of natural resources. However, the environmental protection standards applied by TNCs in the home state and the host state are not the same. The bad experiences occuring in some developing countries (Indonesia, India, Ecuador, and Nigeria) triggervarious policies to protect the right to enjoy a healthy environment. This study comprehensively analyzes: first, how is the legal policy of the responsibility of TNCs on the right protection to enjoy healthy environment in Indonesia, India, Ecuador, Nigeria and Finland? Second, what are the similarities and differences in its policymaking? This study is a qualitative research with normative and comparative juridical approach. The results of this study concluded that, first, the legal policies of developing countries towards the violation of TNCs responsibilities to enjoy a healthy environment have the same pattern, which is pretty mild in granting sanction, and prioritizing more on the economic growth rather than protecting the right to enjoy healthy environment. Second, the similar legal policy between these countries lies on the fact that they have recognized the right to enjoy healthy environment as a constitutional right and part of human rights. However, the implementation of the legal protection of the right to enjoy healthy environment differs from one country to another

Urgensi Pengaturan Peredaran Minuman Beralkohol di Daerah Istimewa YOGYAKARTA

This study discusses the urgency of setting up the circulation of alcoholic beverages in DIY formulated in the following three research problems: first, what is the urgency of Yogyakarta Province government in regulating the circulation of alcoholic drinks? Second, what is the basic principles underlying Yogyakarta Province authority to regulate the circulation of alcoholic beverages and what is the best form of legal products to regulate the circulation of alcoholic beverages in the province? Third, what are the materials of the regulations on the distribution of alcoholic beverages in Yogyakarta Province? This research is a normative juridical which uses primary law, secondary law, and tertiary legal materials. The results showed that first, urgency settings of alcoholic beverages is intended as prevention (preventive), risk reduction (preparedness), responsiveness (response), as well as recovery efforts (recovery) from drinking alcoholic beverages. Secondly, the basis of the authority of Yogyakarta Province Government for the Distribution of Alcoholic Beverages regulation is rooted in Law 32 of 2004 and Presidential Decree No. 74 Year 2014. Third, the main points of the materials contain (i) the type and classification of alcoholic beverages; (ii) a ban on the production, distribution, sale and storage of alcoholic beverages; (iii) licensing; (iv) community participation

Peranan Hukum dalam Mencegah Praktik Politik Uang (Money Politics) dalam Pemilu di Indonesia: Upaya Mewujudkan Pemilu yang Berintegritas

The presence of a political party in the modern constitutional system is one of the necessity as one of the institutions authorized to fill the political position/power. The filling of the department/Power referred to one must be done through the mechanism of direct selection by the people is to fill the legislative office (DPR, DPD and DPRD) and executives (Presidents and regional heads). Thus, the political parties and the elections are two things that must be mandatory in a democratic state. A problem that always arise in the election is money politic. The majority of the advanced candidates run for the head of the political parties – allegedly strong – always involve material/money to win it. The practice of money politic in the Indonesian system of participation and election is believed to be one of the reasons for the quality and performance of democratic institutions in Indonesia, especially the political parties and parliaments. This kind of thing needs to be identified on what is the factor that causes the political money (money politics) and the necessity of the role of the ideal law (legislation) in providing solutions in reducing or even (when possible) preventing the occurrence of political money (money politics). The type of research used is juridical normative legal research, which is legal research conducted by examining the library material. There are 3 (three) reasons for the emergence of political practice money (money politics) in the elections, namely: (i) Patron-client, poverty factor, low Party-ID. The role that can be taken by the law in preventing the political practice of money is (i) required the policy to impose criminal sanctions only for money politic. (ii) Change the legislative election system from a proportional system to the district system