ALTERNATIVE DISPUTE SETTLEMENT INTERNAL POLITICAL PARTIES COURT BY PARTIES

Faisal Riza

Abstract


Political party (parties) in a democratic political system becomes very important presence in the community. Political parties receive special role as a forum to bridge the aspirations of the community, distribute and reallocate social community or political strength to the level of the political superstructure country through elections conducted once every five years. Institutionally, political parties are private legal entities established by a group of people with ideals and the same goal. However, political parties are functionally oriented public and become a place of struggle in the political aspirations of the democratic government.

Political parties currently in development, is an organization that always faced pluktuatif internal disputes which often lead to a split. Internal party disputes occur due to the institution failing to relocate the dispute by consolidating various interests are in line of sight of one another. Some of the disputes that have occurred in the internal party is a Group Party (Golkar), the United Development Party (PPP) and several other parties protracted settlement could not be resolved even in internal party itself. It should not happen, because the dispute is going on internally must be dealt with at the party itself and not just take him out of the party.

Disputes can be brought to a party outside the party to be resolved or settled by the court if there is no settlement in the party's internal means. As an alternative so that internal disputes in the party is not brought or resolved through the courts, the Article 32 paragraph (1) and (2) of Law No. 2 of 2011 on the Amendment to Act No. 2 of 2008 on Political Parties has been given the role of the court party to resolve internal party disputes. Therefore, every political party should be formed and have a party tribunal or other appropriate designation Statutes and Bylaws of the party as an alternative dispute resolution outside the court.

 

Keywords:Settlement, Political Parties, the Court Party

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References


Asshidduqie, Jimly 2006, the Criminal Procedure Act Testing, Jakarta: Constitutional Press.

Firdaus, 2012, Implications of Political Parties Against Stability System Administration Indonesian constitutional system before and after the amendment of the 1945 Constitution, Law Science Doctoral Dissertation, Bandung: Padjadjaran University.

Paradise, "Internal Dispute Resolution Mechanism According to the Political Parties Act No. 2 of 2011 on the Amendment Act No. 2 of 2008 on Political Parties", http://www.firdauslaw70.blogspot.co.id, Accessed July 2, 2016.

Aaron, Refly, chaos Conflict political party, Detiknews, March 24, 2015.

Mastuti, Riana Budi "Settlement Parties: A Case Study of Dispute Against Political Parties After the elections in 2004 ", http://lib.ui.ac.id/opac/ui/detail.jsp?id=88719&lokasi=lokal, Accessed June 11, 2016.

Priyanto, Wasis, "Settlement of Political Parties", http://www.waktuterindah.blogspot.co.id, accessed July 2, 2016.

Rabi'a, Rumidan 2009, Closer to Election in Indonesia, Jakarta, PT. King GrafindoPersada.

Rachman, M. Anwar, Internal Dispute Settlement Parties,JawaPos, 14 November, 2015.

Republic of Indonesia, Law No. 2 of 2011 on the Amendment of Act No. 2 of 2008 on Political Parties.

Rifai Ahmad, 2011, discovery of the Law by Judge In Perspective Progressive Law, Jakarta: SinarGrafika.

Romli, Lili, Conflict Resolution Mechanism Party, National Journal, Political Research Center LIPI, September 28, 2007.

Sanit, Arbi, 1982, the Indonesian Political System: Stability, Strength Map Politics and Development, Jakarta: Rajawali Press.

Subakti, Ramlan, 1992, Understanding Political Science, Jakarta: PT. GramediaWidiasarana Indonesia.

Wignjosoebroto, Soetandyo, 2002, the Law; Paradigm, Method and Dynamics problem, Jakarta: ELSAM.


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