CD Skripsi

Analisis Yuridis Putusan Mahkamah Agung Nomor 39 P/Hum/2021 Tentang Judicial Review Anggaran Dasar Anggaran Rumah Tangga (Ad/Art) Partai Demokrat

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ABSTRACT
The internal conflict of political parties left several legal problems, especially with the start of the internal conflict of the Democratic party which conducted a judicial review of the AD/ART to the Supreme Court (MA) to examine the AD/ART of the Democratic party which was considered undemocratic, from this judicial review process a Court Decision was issued. Supreme Court Number 39 P/HUM/2021 concerning Judicial Review of Democratic political parties' AD/ART, which states that the Supreme Court has no authority over reviewing political parties' AD/ART. So this research wants to know the Considerations of the High Court in Deciding on the Supreme Court Decision Number 39 P/HUM/2021. The purpose of this study is to find out the implications of the decision, as well as the ideal concept of testing the statutes of the household budget (AD/ART) of political parties in Indonesia.
This research is a normative legal research. This is based on library research which takes quotations from reading books, or supporting books that are related to the problem to be studied. This study uses secondary data sources consisting of primary, secondary and tertiary legal materials. This study also uses qualitative data analysis and produces descriptive data.
From the results of the research and discussion conducted, several conclusions were obtained, namely: First, AD/ART cannot be equated with existing laws and regulations in Indonesia because they do not fulfill the elements of statutory regulations hierarchically and in their elements, so it is not the authority of the Supreme Court to conduct a judicial review. Second, the implication of issuing Supreme Court Decision Number 39 P/HUM/2021 is that it is feared that leadership will be born in political parties that are undemocratic and tyrannical, which often intimidate members and their cadres by exploiting their authority and position. So, the author would like to provide advice for forming laws and regulations to regulate the AD/ADR mechanism for problematic political parties and before the Ministry of Law and Human Rights approves AD/ART political parties must pay more attention to whether these AD/ART have been made correctly and do not violate the rights of members of political parties.
Keywords: political party-judicial review-AD/AR

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

19109156465

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

19109156465

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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