Secretary-General M. Guntur Hamzah opening a constitutional discussion on political party based on the 1945 Constitution, Tuesday (8/30/2022) by the Constitutional Court, the Constitution Forum, and APHTN-HAN. Photo by MKRI/Ilham W. M.
Tuesday, August 30, 2022 | 14:07 WIB
(MKRI) — The Constitutional Court (MK) collaborated with the Constitution Forum (FK) and the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) held a discussion on “Political Parties Based on the System of the 1945 Constitution” on Tuesday, August 30, 2022 at Santika Hotel, Jakarta.
During the event’s opening, Secretary-General M. Guntur Hamzah said the 1945 Constitution mentions the phrase ‘political party’ six times in four provisions: Article 6A paragraph (2) relating to the nomination of presidential tickets by a political party or a coalition of political parties; Article 8 paragraph (3) relating to the election of the president and vice president by the MPR (People’s Consultative Assembly) based on the proposal of a political party or a coalition of political parties if the president or vice president dies, resigns, is dismissed, or is unable to carry out their obligations during their term simultaneously; Article 22E paragraph (3) relating to political parties as participants in the general election of members of the DPR (House of Representatives) and DPRD (Regional Legislative Council); and Article 24C paragraph (1) relating to the dissolution of political parties based on decision by the Constitutional Court.
“The goals and functions of political parties are certainly broader than what is stated in the 1945 Constitution of the Republic of Indonesia. The Political Party Law has determined that political parties have general and specific goals,” said Guntur before members of the Constitutional Forum, former KPU chairman for 2004–2007 Ramlan Surbakti, constitutional law expert Zainal Arifin Mochtar, APHTN-HAN members, and other guests, who attended both on site and online.
Guntur added that in general, political parties must realize national ideals as referred to in the Preamble to the 1945 Constitution, participate in safeguarding and maintaining the integrity of the Unitary State of the Republic of Indonesia, participate in developing democracy based on Pancasila by upholding people’s sovereignty in the Unitary State of the Republic of Indonesia, and achieve prosperity for all Indonesians. The specific objectives of political parties, he said, are to increase the political participation of members and the public in organizing political and governmental activities, to fight for party ideals, and to build ethics and political culture in the life of society, nation, and state.
Political parties also have important functions, such as political education to members and the wider community to help them be aware of their rights and obligations in society, nation, and state and to create a conducive climate for the unity and integrity of the Indonesian nation for the sake of prosperity.
He emphasized that the challenges faced by political parties directly influence the realization of those goals. For example, there are still problems with recruitment and regeneration, faction and internal party conflicts, funding issue and transparency of funding sources, as well as candidacy issues that often prioritize popularity over capacity.
He said political parties is absolutely necessary for building Indonesia as a constitutional democratic state as they are the spearhead of democratization and the consolidation of citizens’ political aspirations. Healthy political parties will generate strong, trustworthy leaders.
Gunture said many political problems pre-constitutional reform were difficult to resolve until the Constitutional Court was formed in 2003. Two weeks ago, he revealed, the Constitutional Court welcomed Prof. Tom Ginsburg, a law professor from the Chicago Law School, whose works are often cited by academics all over the world, including Indonesia. Ginsburg mentioned that the formation of the Constitutional Court is one of the manifestations of the political insurance theory, in that the drafters of the amendments to the 1945 Constitution formed it as an institution that can resolve political conflicts impartially.
Constitutional Court’s Authority over Political Parties
In this context, Guntur explained, the Constitutional Court’s authority to resolve disputes over the results of the presidential, legislative, and regional elections as well as the dissolution of political parties is closely related to political parties, both directly and indirectly.
“In accordance with the constitutional guarantee of freedom of assembly and associatio), in contrast to the pre-Reform era, now political parties that the Government intends to dissolve have the space and opportunity to defend their rights before the Constitutional Court,” he said.
As such, he emphasized, the Court must build and strengthen itself to continue to be independent, impartial, and professional in examining cases involving related to political issues because bow it is also an arbitrator in political cases.
“Of course, it is not easy to satisfy all parties who are in a political dispute in the Constitutional Court but at least the process can provide a sense of justice. The justice felt by justice seekers in the Constitutional Court certainly does not only come from the Court’s decisions but also from its process in examining, adjudicating, and deciding cases. Because of this, Lord Chief Justice Hewart once said, ‘Not only must Justice be done; it must also be seen to be done,’” he said.
Role of Political Parties
On behalf of the Constitution Forum, Pataniari Siahaan said political parties have a heavy burden nationally and internationally to carry state obligations as mandated by the 1945 Constitution for the progress of the Unitary State of the Republic of Indonesia. In addition, for democratic party governance not only state institutions but also political parties must also be able to develop democracy.
“Political parties must also develop democracy within themselves so that they become constitutional instruments for transparent and accountable democratic party management,” he said.
Notes on Political Parties
Meanwhile, Zainal Arifin Mochtar in his presentation gave four notes on political parties. The party has a direct relationship with the public, so the responsibility to the public will be high. He also explained that the role of the state could be more plural, including forcing the internal democratization of political parties even though at the same time it is very likely to become an intervention. “The role of democratization within the party can be higher than the process of electing party leaders, the deliberation process and most of it is chaotic and messy,” he said.
Zainal also said that to encourage internal maturity, political parties should take better care of themselves and avoid inappropriate things, such as internally regulated bans on dynastic politics. In addition, party financing must be a separate discussion. He also highlighted the rise of identity politics and nationalism and religious divisions.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 12/27/2022 10:46 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
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