Legal Policies Governing Political Parties In The Indonesian Constitution

Abstract

This paper analyzes the constitutionalization of political parties in the post-amendment of the 1945 Constitution of the Republic of Indonesia with two focus discussions, which are: The reasons behind the regulation of political parties in the 1945 Constitution of the Republic of Indonesia and its implications for the party system in Indonesia. This study uses a statutory approach. The results show that: there are two main reasons for the birth of the constitutionalization policy of political parties in the 1945 Constitution, which are: First, political parties are considered to have an important role in the democratization process in Indonesia, and Second, in order to ensure that political parties work in accordance with the principles of democratic principles and do not act against the law and the constitution. The constitutionalization policy of political parties in Indonesia has led to the following implications: positioning of political parties as public legal entities, the obligation for the state to provide financial subsidies, the formation of cartelization in the party system, and the development of Party Rent Seeking model.