CD Tesis
Penataan Kewenangan Penetapan Legalitas Dualisme Kepengurusan Partai Politik
This research uses normative research where data is collected and linked
to existing theories. The results of this study indicate that the determination of the
legality of dualism in the management of political parties at this time is
substantially multi-interpreted, and has not run as it should, Law Number 2 of
2011 concerning Political Parties has accommodated the authority of the party
court and the Ministry of Law and Human Rights in the resolution of management
disputes. political parties. The authority given should be administrative in nature,
not substantive in nature, and a decision issued actually creates new legal
problems. Likewise, the party court, which is expected to be able to resolve the
dualism dispute in the management of political parties, has not worked well
internally.
It would be better if this mechanism was changed or given the authority to
the election management body directly and the independence of the institution
was guaranteed, namely the General Election Commission (KPU). Or the legality
is given the authority to the Constitutional Court, to examine the legality of a
political party management and the consistency of the AD/ART of a political party
against the laws of political parties and the State Constitution.
Key Words : Authority, Legality, Dualism in the Management of Political Parties
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