REDESIGN OF POLITICAL PARTY DISPUTE SETTLEMENT INSTITUTIONS: A COMPARATIVE STUDY OF INDONESIA AND KENYA

Abstract

Currently, there are at least three institutions that resolve political party disputes in Indonesia, namely the political party court or other designations formed by political parties, through a lawsuit to the district court after first making efforts to resolve it at the party court and through a lawsuit to the state administrative court by the party, that object to the Decree of the Minister of Law and Human Rights against the ratification of the new management or changes to the party constitution. Such conditions have led to a protracted and ineffective resolution of party disputes. The State of Kenya has implemented the settlement of political party disputes through a one-door channel, namely The Political parties Disputes Tribunal which is part of the judicial power system. The Political parties Disputes Tribunal is very effective in resolving political party disputes in the State of Kenya. In order to make the settlement of political party disputes effective in Indonesia, it is necessary to redesign the one-stop political party settlement institution, namely by establishing a court that is special in the judicial power system.

Keywords

• disputes
• political parties
• party special courts