Constitutional Court Urged to Amend Minister of Law's Authority on Political Party Leadership
Jakarta (ANTARA) - The Central Executive Board of the Moon and Star Party (DPP PBB) resulting from the VI Congress in Bali has requested the Constitutional Court (MK) to amend the authority of the Minister of Law from approving to merely recording the leadership of political parties (parpol).
“Our request was submitted in the material examination hearing of Law No. 2 of 2008 on Political Parties at the MK,” said the Chairman of the DPP PBB resulting from the VI Congress in Bali, Gugum Ridho Putra, after attending the preliminary hearing of the material examination of the Political Parties Law at the Constitutional Court building in Jakarta on Monday.
He explained that the requested materials, first, involve several provisions in the Political Parties Law, namely the word “approving” in the provision of Article 7 paragraph (1) and the word “approval” in the provisions of Article 7 paragraphs (2) and (3), and Article 4 paragraphs (3) and (4).
Second, several provisions in Law No. 2 of 2011 on Political Parties, namely the word “approval” in the provisions of Article 4 paragraphs (3) and (4), the phrase “minister’s decision” in the provisions of Article 4 paragraphs (3) and (4), and the provisions of Article 32 and Article 33, tested against Article 1 paragraph (3), Article 28, Article 28D paragraph (1), and Article 28E paragraph (3) of the 1945 Constitution.
Thus, he said, there are two matters submitted by his side for examination at the MK. First, regarding the authority to approve political party leadership from the Minister of Law, which is requested to be changed to recording authority.
He explained that the authority to approve who the political party leaders are belongs to the political party itself and the court, not the executive (in this case, the ministry).
Then, the other petition, he said, concerns disputes occurring within political parties, especially regarding leadership, which under the law fall under the authority of the party court but do not function effectively due to various complexities.
“For that reason, we request that it become the authority of the Constitutional Court,” he stated.
The reason why the MK should be the authority to resolve internal political party disputes is that, according to him, the MK’s working system is open, its hearings can be accessed by all parties, and it has final and binding decisions.
Gugum emphasised that his side’s petition is not solely for PBB’s interests but for the future of Indonesian politics and the interests of other political parties.
Regarding PBB’s interests, he said, it has already been filed through the State Administrative Court (PTUN), which is currently processing the lawsuit against the Minister of Law’s decree approving the DPP PBB leadership resulting from the Party Council Deliberation (MDP).
“(The lawsuit) at the MK is for the future interests of Indonesian politics. So, it is not only the interest of the Moon and Star Party, but also the interests of other political parties,” he said.
This, he emphasised, is evidence that PBB truly considers the constitution in this republic, so it is not merely for political party interests.
This condition, he said, proves the vulnerability of the authority to approve political party leadership by the Minister of Law to be misused, and history records that several political parties have experienced dualism disputes like PBB currently, namely PDIP, Golkar, PPP, and Hanura.
“(Dualism) all stems from the Minister of Law’s approval authority, which has the potential to be misused,” said Gugum.
The preliminary hearing of the material examination of the Political Parties Law regarding the Minister of Law’s authority to approve political party leadership was held on Monday afternoon.
Next, the case number 146/PUU-XXIV/2026 will continue with the agenda of hearing the main points of the applicants’ petition improvements.