Legal Construction of Filling Vacancies in Representative Office Positions Due to Dissolution of Political Parties.

Esfandiari, Fitria; Fauzia, Ana; Hidayah, Nur Putri; Anggraeny, Isdian; Kurniawan, Kukuh Dwi; AlFatih, Sholahuddin

Political parties are part of the embodiment of democracy. In the political context, its existence is very important as a liaison between a sovereign government and the people it leads. The Constitutional Court has the authority to dissolve political parties in Indonesia. So that there are 3 types of rulings in applying for the dissolution of a political party by the government to the Constitutional Court, one of which is that the application is granted. If the request is granted, in its decision the panel declares to dissolve and cancel the legal entity status of the political party. The implication is that the government removes these political parties from the list of political parties owned by the government. Furthermore, the dissolution of the political party has legal consequences, one of which is the vacancy of positions in the seats of representatives/legislators who are left behind. This study aims to examine the legal implications of the dissolution of political parties and the mechanism for filling vacancies in representative bodies. The method used is normative research using a statutory approach and a conceptual approach. The results of the study indicate that the legal implication of the dissolution of a political party is the existence of a vacancy in the representative body. Meanwhile, there is no comprehensive arrangement for overcoming the vacancies left by members of the legislature due to the dissolution of the political party.

INDONESIA; POLITICAL parties; CONSTITUTIONAL courts; STATUS (Law)

KnE Social Sciences, 2022, p468

2518-668X

Academic Journal

10.18502/kss.v7i15.12119