ANALISIS YURIDIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 16/PUU-XXII/2024 TENTANG LEGAL STANDING DALAM PEMBUBARAN PARTAI POLITIK DITINJAU DARI PRINSIP NEGARA DEMOKRASI

Abstract

The problem in this study arises from the limitation of legal standing for submitting the dissolution of political parties, which is exclusively granted to the government as regulated in Article 68 paragraph (1) of Law Number 24 of 2003 concerning the Constitutional Court, as amended by Law Number 7 of 2020. This provision has sparked a constitutional debate because it restricts citizens’ participation in the oversight mechanism of political parties within a democratic state system. This study aims to analyze the legal considerations in Constitutional Court Decision Number 16/PUU-XXII/2024 regarding the legal standing in the dissolution of political parties, as well as to examine the legal consequences of this decision from the perspective of democratic state principles. The research method applied is a normative legal research using statutory approach, case approach, and conceptual approach. The legal sources consist of primary legal materials, namely legislation and Constitutional Court decisions, and secondary legal materials, including literature and scholarly articles. The analysis is conducted qualitatively using a perspective-based analytical technique. The results of the study show that the Constitutional Court upheld the provision that only the government has legal standing to submit a political party dissolution. This consideration is based on the principles of caution, constitutional stability, and the special nature of the authority to dissolve political parties. In conclusion, the decision does not expand the legal standing of citizens, so public access to submitting the dissolution of political parties remains limited, even though the principle of popular sovereignty