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Original Research

THE NATURE OF POLITICAL PARTY FORMATION IN INDONESIA

HABIBUL UMAM TAQIUDDIN 1, GALANG ASMARA 2, SUDIARTO 3, and KAHARUDDIN 4.

Vol 19, No 01 ( 2024 )   |  DOI: 10.5281/zenodo.10605060   |   Author Affiliation: Doctoral Study Program in Legal Sciences, Faculty of Law, Mataram University, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 833-853   |   Published on: 22-01-2024

Abstract

This research aims to explore the nature of political party formation in Indonesia. This type of research is normative legal research, namely legal research carried out by examining library materials or secondary data. Normative legal research is carried out by examining primary, secondary and tertiary legal materials. The approaches used in this research are a philosophical approach, a statutory approach, a comparative approach and a conceptual approach. The theoretical framework used in this research includes: legislative theory, legal ideal theory, political party theory, Pancasila democratic theory, human rights theory, party system theory, government system theory, and legal system theory. The conceptual framework in this research includes: 1) psimplification of political parties, 2) the concept of a simple multiparty system, and 3) positive law in Indonesia. The results of this research indicate that hThe essence of the formation of political parties in Indonesia is the realization of the right to freedom of association, assembly and expression, which are human rights recognized and guaranteed by Article 28 of the 1945 Constitution of the Republic of Indonesia.


Keywords

Nature, Political Parties, Positive Law, Indonesia.