PEMBATASAN PARTAI POLITIK PESERTA PEMILIHAN UMUM DALAM PERSPEKTIF DEMOKRASIARYA

Abstract

Political parties have a position and role is very important in any democratic system. Restrictions on both parties and the electoral threshold parlimentary threshold is one element in a multi party system and the proportional representation system (proportional) with a certain percentage of the total national vote, it is certainly a clash of democracy on the one hand saying, but on the other hand is limited. This study aimed to identify and analyze the setting restrictions on political parties participating in the elections in the perspective of democracy. In addition, to analyze the restrictions on political parties participating in setting the general election in Act No. 8 of 2012 on the Election of the constitutional rights in the Constitution of 1945, also used normative juridical research method.

The study states that, setting restrictions on political parties participating in the elections in the perspective of democracy in Law No. 8 of 2012 on the Election of Members of DPR, DPD and DPRD stipulated in Article 8 paragraph (1), Article 8 (2) and Article 208 of Law No. 8 of 2012 on the Election of Members of DPR, DPD and DPRD. Settings must meet the threshold of votes of at least 3.5% (three point five percent) of the total valid votes nationally to be included in the determination of the number of seats for the DPR, Provincial DPRD and regency / city violated the rights of democracy. Thus after the Constitutional Court Decision No. 52 / PUU-X / 2012, Article 208 which regulates the whole phrase "Provincial DPRD and regency / city" does not have binding legal force, thus only bind the Parliament alone. Restrictions on participants in the elections through a system of thresholds in Law No. 8 of 2012 on General Election violate constitutional rights that exist in part in Article 28, Article 28C paragraph (2), Article 28D paragraph (1), Article 28E paragraph (3), Article 28H (2) and Article 281 paragraph (2) of the 1945 Provisions of Article 208 of Law 8/2012 and the explanation is aimed at simplifying party naturally.

Keyword: Democracy, Limitation, Politic Party