Law on Political Parties (Indonesia)

Law on Political Parties (Indonesia)
Name	Law on Political Parties (Indonesia)
Enacted	Various statutes (e.g., Law No. 2/2008; Law No. 2/2011; Law No. 7/2017)
Jurisdiction	Indonesia
Related legislation	Constitution of Indonesia, Law on General Elections (Indonesia), Law on Political Parties (1999), Electoral Law (Indonesia)
Status	In force (with amendments)

Law on Political Parties (Indonesia)

The Law on Political Parties in Indonesia comprises a series of statutes and implementing regulations that govern the formation, registration, organization, financing, and conduct of political parties such as Partai Demokrasi Indonesia Perjuangan, Partai Golongan Karya, Partai Gerakan Indonesia Raya, Partai Kebangkitan Bangsa, and Partai Demokrat. These laws interact with instruments including the Constitution of Indonesia and the Law on General Elections (Indonesia), shaping how parties participate in contests like the Indonesian legislative election and the Indonesian presidential election. Judicial review by bodies such as the Constitutional Court of Indonesia and administrative oversight by institutions like the General Elections Commission (KPU) have repeatedly altered the legal landscape.

Background and Legislative History

Legislative developments trace from the post-New Order (Indonesia) era through reformasi reforms embodied in statutes like Law No. 3/1999 and subsequent revisions such as Law No. 2/2008 and Law No. 7/2017, reflecting pressures from actors including Amien Rais, Megawati Sukarnoputri, Susilo Bambang Yudhoyono, Joko Widodo, and parties like Partai Keadilan Sejahtera and Partai Solidaritas Indonesia. International influences from United Nations Development Programme initiatives, comparative models from Germany, India, United Kingdom, United States, and regional norms from ASEAN informed provisions on party registration, membership, and campaign regulation. Key turning points include post-1998 constitutional amendments, decisions of the Constitutional Court of Indonesia (putting in play cases brought by Political Party X and candidates), and electoral reforms implemented by the People's Representative Council (DPR).

Key Provisions and Requirements

The statutes set criteria for legal personality, name and emblem rules affecting parties such as Partai Persatuan Pembangunan and Partai Nasional Demokrat, membership thresholds often compared to thresholds in South Africa and Brazil, and mandates on internal organs inspired by comparative frameworks like European Court of Human Rights jurisprudence. The law prescribes obligations to comply with anti-corruption standards championed by Corruption Eradication Commission (KPK), gender representation influenced by UN Women guidance, and regional branch distribution obligations tied to Minister of Home Affairs (Indonesia). Requirements intersect with candidacy regulations under the General Elections Commission (KPU) and district-level administration such as Provincial Government of Jakarta procedures.

Party Registration and Deregistration Procedures

Registration is administered through the General Elections Commission (KPU), with formalities involving the Ministry of Law and Human Rights (Indonesia) and municipal offices like Jakarta City Administration. Criteria for registration echo measures from comparative cases like Election Commission of India rulings and include documentation linking to leaders such as Prabowo Subianto or Anies Baswedan; failure to meet thresholds may trigger deregistration akin to practices in Philippines and Malaysia. Deregistration grounds have been contested before the Administrative Court of Indonesia and the Constitutional Court of Indonesia in disputes involving parties including Partai Rakyat Demokratik.

Funding, Financial Transparency, and Sanctions

Funding rules regulate state-financing mechanisms, membership dues, and donations, engaging institutions like the Corruption Eradication Commission (KPK), Audit Board of Indonesia (BPK), and General Elections Commission (KPU). Provisions require financial reporting similar to Brazilian Electoral Court practices, limit foreign funding as seen in United States and European Union precedents, and impose sanctions ranging from fines to derecognition. Enforcement actions have involved high-profile figures such as Setya Novanto and parties like Golkar in corruption and disclosure controversies adjudicated by the Criminal Court (Indonesia) and administrative tribunals.

Internal Party Democracy and Candidate Selection

Statutes mandate internal organs (central executive boards, provincial councils) and procedures for candidate selection, with rules on quotas reflecting advocacy by organizations like KOMNAS Perempuan and civil society actors including Transparency International Indonesia and La Via Campesina. Tensions between elite-driven nomination models seen in parties like Partai Golkar and primary-style reforms advocated by figures such as Megawati Sukarnoputri have produced litigation in the Constitutional Court of Indonesia and commentary from scholars at Universitas Indonesia and Gadjah Mada University.

Impact on Electoral Competition and Political Landscape

Electoral thresholds and legal thresholds influence party fragmentation and coalition formation involving entities like Koalisi Indonesia Bersatu and Koalisi Indonesia Bersatu (post-2019), affecting parliamentary dynamics in the People's Representative Council (DPR) and local contests such as Jakarta gubernatorial election. The law shapes incentives for mergers and new party formation exemplified by the rise and reconfiguration of parties like Partai NasDem and Partai Berkarya, and impacts minority representation debates involving communities such as the Papuan and Acehnese electorates.

Constitutional and Judicial Challenges

Constitutional issues litigated before the Constitutional Court of Indonesia include disputes over party bans, threshold constitutionality, and freedom of association raised under the Constitution of Indonesia. Judicial review has involved landmark rulings referencing comparative jurisprudence from bodies like the European Court of Human Rights and the Supreme Court of India, and it has engaged actors such as Mahfud MD and Jimly Asshiddiqie in public legal debates. Ongoing challenges concern balancing regulatory aims against rights protected under the constitution and international instruments advocated by organizations like Human Rights Watch.

Category:Politics of Indonesia Category:Law of Indonesia