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JUDUL:KEWENANGAN PEMERINTAH MELAKUKAN PENGESAHAN PARTAI POLITIK DALAM PERSPEKTIF PEMBANGUNAN DEMOKRASI
PENGARANG:M. KHARISMA P. HARAHAP
PENERBIT:-
TANGGAL:2017-11-03


  Keywords :Government Authority, Legalization of Political Party, Democratic Development Perspective of Democracy Development

The purpose of the thesis research are to study the background of the authority for legalization of political party vested to the government, and the authority of to legalized the political party by the government in line with the democracy development in the State of Indonesia.

This research type of normative legal research. The nature of this research is descriptive analytical. The type of research is the inventory of legal materials, namely collecting legal materials related to the issues, and then they are processed so conclusions can be draw.

The results of this thesis research are: (1) The government authority legalize the political parties is based on Act Number 2 of 2008 concerning Political Parties, as amended by Act Number 2 Year 2011 concerning Political Parties, seemingly restricts the human right. In fact, it is in conformity with the law, since it refers to Article 4 of ICCPR 1966 that the right to freedom association (political rights) is a derogable right when it is conflicting with the respect of rights and freedoms of others people, maintaining social order, nation, and state, and to maintain the integrity of the Unitary State of the Republic of Indonesia; So that limitation on this right may be justified as long as regulated in a law and not contradictory to Pancasila and UUD 1945. (2) The authority to legalize the political party by the government through the Ministry of Law and Human Rights is not contrary to the concept of democracy development, The principale of legitimate restriction on concept of democracy development. The principle of legitimate restrictions on human rights comprises the legality principle  and the principle of interest for regulation and restriction to accommodate the strengthening of democratic consolidation by political parties in Indonesia.

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