POLITICAL PARTY VERIFICATION: A COMPARATIVE STUDY BETWEEN LAW NO. 8 OF 2012 AND LAW NO. 7 OF 2017 ON GENERAL ELECTION
Abstract
In the general elections, every political party must fulfill the requirements to follow the elections which is regulated by law. As we know, the Law regarding the general elections are changed on every election. On general election of 2014, the requirement of political party participant candidates was regulated by Law No. 8 of 2012, while in the general election 2019, it was regulated by Law No. 7 of 2017. In terms of determining which political parties deserve to join the general election, every single political party has to pass the verification stage as political party participants. This research aims to discuss the regulation regarding the political party verification held in the general election of 2014 and 2019. Furthermore, this research also aims to analyze the similarities and differences of political party verification regulated in Law No. 8 of 2012 and Law No. 7 of 2017. By using normative legal research, it is found that the regulation regarding the political party verification based on Law No. 8 of 2012 and Law No. 7 of 2017 were relatively the same. So, there were no significant differences. However, the regulation of political party verification regulated in Law No. 7 of 2017 is faster than the former regulation in the term of effectiveness of the time period. It proves that there is an improvement on the Law No. 7 of 2017 compared to the Law No. 8 of 2012. On the other hand, this law became an issue because it contains a provision that gives privilege for certain political parties. This means that the political parties that have passed the verification in the General Election of 2014 did not need to have re-verification for participating in the General Election of 2019. In the end, that provision was constitutionally reviewed by Constitutional Court and decided that the provision does not have legal binding force.