宪法法院关于政党核查的决定

Yusuf Mulya Kharismawan, Yulia Neta, M. Muhtadi
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引用次数: 0

摘要

政党是民主国家的政治超结构,是公民通过大选占据政治地位的一种手段。每一项选举法都包含对参与选举的政党进行核查的要求,这使得政党很难通过核查,并将几个符合某些核查要求的政党排除在外,以便立即宣布他们参加下一次选举。除第55/PUU-XVIII/2020号宪法法院裁决外,这一例外不符合几项宪法法院裁决,这些裁决具有一致宣布违宪的相同内容。所使用的研究方法是关于法律法规的规范性司法方法,即关于选举的2017年第7号法律,同时对宪法法院关于政党核查司法审查申请的裁决进行比较研究,并结合文献研究。研究分析使用定性方法来更深入地理解所发生的法律现象,并检查实质内容以获得关于所研究内容的具体结论。基于对这项研究的讨论做出的决定是不一致的,因为所使用的1945年宪法的论点和材料是不同的,宪法法院不需要使用判例作为审议的基础,即使在实质上有相似之处。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Decision of The Constitutional Court on Verification of Political Parties
Political parties are the political suprastructure in a democratic country as a means for citizens to occupy political positions through general elections. The requirements for verifying political parties participating in an election are always contained in every election law making it difficult for political parties to pass verification as well as excluding several political parties that have met certain verification requirements so that they are immediately declared as participants in the next elections. This exception is not in accordance with several Constitutional Court Decisions which have the same substance which consistently declares unconstitutional, except for the Constitutional Court Decision Number 55/PUU-XVIII/2020. The research method used is normative juridical regarding laws and regulations, namely Law Number 7 of 2017 concerning Elections, accompanied by comparative study of jurisprudence  Constitutional Court's decision regarding an application for judicial review of political party verification accompanied by literature studies. The research analysis uses a qualitative approach to understand more deeply the legal phenomena that occur and examines the substance to obtain specific conclusions on what is studied. That decision based on a discussion of this research is inconsistent because the arguments and materials of the 1945 Constitution used are different and the Constitutional Court is not required to use jurisprudence as a basis for consideration even though there are similarities in substance.
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