Constitutional Court Authority in Adjudicating Dissolution of Local Political Parties

Abstract

The dissolution of political parties constitutes a constitutional authority of the Constitutional Court in safeguarding constitutional supremacy, democracy, and the integrity of the Unitary State of the Republic of Indonesia.[1] However, the existence of local political parties in Aceh under Law Number 11 of 2006 concerning the Governance of Aceh raises legal uncertainty regarding the Constitutional Court's authority to adjudicate their dissolution, as such authority has not been explicitly regulated in the prevailing legislation. This study aims to analyze the constitutional basis of the Constitutional Court's authority to adjudicate the dissolution of local political parties, identify the existing legal vacuum, and formulate a framework for regulatory harmonization. This research employs a normative legal research method using statutory, conceptual, and case approaches. The analysis is conducted qualitatively through the interpretation of legislation, Constitutional Court decisions, and relevant legal doctrines. The findings indicate that, from a constitutional perspective, the Constitutional Court's authority may be interpreted to include the dissolution of local political parties. Nevertheless, the absence of clear legal regulation gives rise to legal uncertainty.[2] This study proposes regulatory harmonization as a form of legal reconstruction to strengthen legal certainty, protect the freedom of association, and reinforce constitutional democracy.

[1] Philipus M. Hadjon, Perlindungan Hukum bagi Rakyat di Indonesia (Surabaya: Bina Ilmu, 1987), 68–74.

[2] Maria Farida Indrati, Ilmu Perundang-undangan: Jenis, Fungsi, dan Materi Muatan (Yogyakarta: Kanisius, 2020), 45–51.