The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights

Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10

10 Pages Posted: 21 Nov 2019

See all articles by Pan Mohamad Faiz

Pan Mohamad Faiz

Center for Research and Case Analysis, the Constitutional Court of Indonesia

Date Written: 2019

Abstract

This article aims to examine several important decisions related to the dissolution of political parties decided by the international human rights courts. It aims to conclude that there are general guidelines on political party dissolution established by the European Court of Human Rights (ECtHR) and uses sources obtained from relevant case studies to support it. Not only does the research highlight that the ECtHR provides requirements that must be fulfilled by the government to justify dissolution, it also dictates the procedural requirements for the restriction of political parties. These guidelines are necessary in a democratic society, regardless of its limited ‘margin of appreciation’. Although Indonesia is not a state party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the interpretation and legal considerations made by ECtHR could be applied by the Constitutional Court in deciding the outcome of political party dissolution cases in Indonesia. Thus, ensuring that the Constitutional Court’s future jurisprudence complies with the international standards of human rights.

Keywords: Constitutional Court, European Court of Human Rights, Freedom of Association, Political Party Dissolution

Suggested Citation

Faiz, Pan Mohamad, The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights (2019). Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10. Available at SSRN: https://ssrn.com/abstract=3484812

Pan Mohamad Faiz (Contact Author)

Center for Research and Case Analysis, the Constitutional Court of Indonesia ( email )

Jalan Medan Merdeka Barat No. 6
Jakarta Pusat, DKI Jakarta 10110
Indonesia

Register to save articles to
your library

Register

Paper statistics

Downloads
6
Abstract Views
46
PlumX Metrics