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Volume 2, Issue 1, June 2019 : 1 - 20

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Legal Politics of Simplifying Political Parties in Indonesia
(Case Study of 2004 – 2014 Election)

Legal Politics of Simplifying Political Parties in 
Indonesia

(Case Study of 2004 – 2014 Election)
Moch. Andry W. W. Mamonto

Universitas Muslim Indonesia

email: moch.andrymamonto@umi.ac.id

ABSTRACT

Combination of presidential government systems and multi-party systems as a system 
of Indonesian state has led to a government that does not effective and stable. The 
formulation of the problem which is the focus of the study in this paper, namely how is the 
legal politics of simplification of political parties in Indonesia for the period 2004 – 2014. 
The research method used in this study is normative. Based on the results of the study, 
the authors obtained answers to the existing problems, that the legal politics of simplifying 
political parties in Indonesia is democratic legal politics, but the legal politics of simplifying 
political parties in Indonesia should not only be directed at simplifying political parties 
in parliament, but also simplifying political parties in political parties participating in the 
general election. 

Keywords : Legal Politics; Simplification; Political Parties.

INTRODUCTION

One of the spirits of the changes to the 1945 Constitution of the Republic of 

Indonesia (from now on abbreviated as the 1945 Constitution of the Republic of Indonesia) 

is to strengthen the building of a presidential government system.1 The spirit of the 

amendment to the 1945 Constitution of the Republic of Indonesia to strengthen the building 

of presidential government systems is one of them characterized by the formulation 

of Article 6A paragraph (1) and Article 22E paragraph (1) and (2), where the principal 

stipulates that the mechanism for filling the position of President and Vice President 

(hereinafter abbreviated The Vice President) is elected directly by the people. Based on 

these provisions, then theoretically Indonesia has adopted one of the characteristics of a 

presidential government system, in the language of C. F. Strong it is called the system of 

non-parliamentary executive government (fixed executive).2 Since the stipulation of the 

regulation to date, Indonesia has held three general elections (from now on abbreviated to 

elections) of the President and Vice-President, namely in 2004, 2009 and 2014. 

1Asshiddiqie, J. (2007). Membangun Budaya Sadar Berkonstitusi untuk Mewujudkan Negara Hukum yang 
Demokratis. In Peringatan Dies Natalis ke XXI dan Wisuda 2007 Universitas Darul Ulum (Unisda) (29 December 
2007 ed.). Lamongan: Universitas Darul Ulum (Unisda).

2Strong, C. F. (2015). Konstitusi-Konstitusi Politik Modern: Studi Perbandingan tentang Sejarah dan Bentuk. 
Bandung: Nusamedia, p. 355. Vide Lijphart, A. (1995). Sistem Pemerintahan Parlementer dan Presidensial (I. R., 
Trans.). Jakarta: PT. Raja Grafindo Persada, p. 44.



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Legal Politics of Simplifying Political Parties in Indonesia

(Case Study of 2004 – 2014 Election)

In practice post-reformation in Indonesia has not only changed the face of the 

Indonesian government system, but also changed the face of the Indonesian party system. 

The change in the face of the Indonesian party system is marked by providing life insurance 

for political parties, even further political parties are positioned as organizations that have 

an essential function as formulated in Article 6A paragraph (2) and Article 22E paragraph 

(3), where political parties are participating organizations elections and organizations that 

have the right to nominate candidates for President and Vice President. As stated by 

Fransje Molenaar that, the constitution is the most special part in the regulation of political 

parties because it contains fundamental values and legitimizes political rules.3

The life of political parties continues to experience a metamorphosis, wherein 

the 2004 election period there were 24 (twenty-eight) political parties participating in the 

election and 16 political parties (sixteen) who won seats in the DPR,4 in the 2009 election 

period, there were 44 (forty-four) political parties Election participants and 9 (nine) who 

won seats in the DPR,5 in the 2014 election there were 12 (twelve) election political parties 

and 10 (ten) who won seats in the DPR.6 Starting from the description above, it appears 

that since 1999, 2004, 2009 to 2014 Indonesia has experienced a change in the face of 

the party system, both in the party system of participants in the elections and in the party 

system in the legislature. 

From the foregoing, it is illustrated that, in connection with the changes in the 

provisions of the 1945 Constitution of the Republic of Indonesia concerning the regulations 

for the distribution of power, the mechanism for filling in the position of President and Vice 

President, and changes in party arrangements, has brought Indonesia under conditions of 

a combination of presidential and party system multi-party.

The combination of presidential government systems and multi-party systems is 

a difficult combination; it is also emphasized that adhering to the combination of the two 

systems as a state system will potentially lead to deadlock and the divided government 

argued by Mainwairing.7 Furthermore, Antonio Cheibub added that the magnitude of the 

potential deadlock would be more complicated if the president came from a small party, 

while forming a coalition to gain parliamentary support to develop an effective and stable 

government tended to be more difficult in a presidential government system.8

In the context of Indonesian state administration, the warning of the implications of 

3Molenaar, F. (2012). Latin American Regulation of Political Parties: Continuing Trends and Breaks with the 
Past. Working Paper Series on the Legal Regulation of Political Parties(17), p. 2.

4Sulastri, E., Suparno, Yatim, S. S., & Wijayakusuma, M. (Eds.). (2010). Modul 1: Pemilih untuk Pemula. 
Jakarta: Komisi Pemilihan Umum, p. 43.

5Ibid., pp. 45 – 46.
6Partai Politik Pemilihan Umum Tahun 2014. (2014, 14 Agustus 2016). Retrieved from http://www.kpu.go.id/

index.php/pages/detail/2014/282
7Lijphart, A. (1995). Op. Cit., p. 19.
8Haris, S. (2014). Praktik Parlementer Demokrasi Presidensial Indonesia. Yogyakarta: CV. Andi Offset, p. 138.



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the combination of presidential systems and multi-party systems as proposed by experts, 

can at least be traced during the Yudhoyono-Kalla administration as the first president 

and vice president born of the presidential and vice-presidential election system in history 

Indonesian state administration. First, the president’s prerogative rights are reduced in 

appointing and dismissing ministers. The reduction of the president’s pre-procedural 

powers was caused by the opening of coalition taps involving several political parties 

in the formulation of the cabinet; even the cabinet reshuffle was not based on objective 

needs but the pressure of political parties.9

Secondly, the coalition building that was built to be the support of the formation 

of an effective government has not been able to materialize. The failure of the coalition 

to support the effectiveness of government is caused by the building of coalitions that 

are built not based on the prevailing view in managing the country, but on the attitude of 

pragmatism. The failure of the coalition building is increasingly complex with no discipline 

in the coalition by political parties.10

Based on the description above, various ideas have been created to simplify political 

parties; this is based on the reasoning of the arguments spoken by experts. Theoretically, 

to form a simple party system. So, it can be done through political life engineering through 

law. As stated by the Roscue Pound in Mahfud’s legal politics study, that the law must be 

able to control and manipulate the development of society including its political life (law as 

a tool of social engineering).11

Thus, while the focus of the problem formulation in this study is how is the legal 

politics of simplifying political parties in Indonesia during the 2004 – 2014 election period? 

METHOD

Viewed in terms of the focus of the study, legal research conducted by the author 

includes the type of normative research, normative legal research is legal research 

conducted by selecting library materials or secondary data. In normative legal research, 

the process of collecting data is focused on efforts to obtain secondary data. Secondary 

data consists of primary legal materials, secondary legal materials, and tertiary legal 

materials. 

9Golkar Party: 128 Members in the People's Representative Council of the Republic of Indonesia (DPR RI) 
and 4 Ministers in the Cabinet; United Development Party (PPP): 58 Members in the DPR and 2 Ministers in the 
Cabinet; Democratic Party: 55 Members in the DPR and 2 Ministers in the Cabinet; National Mandate Party (PAN): 
53 Members in the DPR and 2 Ministers in the Cabinet; The National Awakening Party (PKB): 52 Members in the 
DPR and 2 Ministers in the Cabinet; Prosperous Justice Party (PKS): 45 Members in the DPR and 3 Ministers in the 
Cabinet; Crescent Star Party (PBB): 11 Members in the DPR and 1 Minister in the Cabinet; and Indonesian Justice 
and Unity Party (PKPI): 1 Member in the DPR and 1 Minister in the Cabinet.

10Haris, S. (2014). Op. Cit, pp. 9 – 11.
11D., M. Mahfud M. (1999). Pergulatan Politik dan Hukum di Indonesia. Yogyakarta: Gama Media, p. 70.



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ANALYSIS AND DISCUSSION 

Concerning state policy referred to in this study is the policy of regulating political 

parties, which by experts are called party law. The legal definition of the party by experts 

has a different view. For example Avnon, party law covers all aspects of political parties 

including legal status, membership, finance, organization, ideology and programs, 

campaigns, demonstrations and elections.12 Not much different from Avnon, Wolfgang C. 

Miller and Ulrich Siebeber understood party law as a law specifically designed to regulate 

the life of the party organizations or the whole laws that affect political parties. Specifically, 

the political party arrangements can be derived through the constitution, party-specific laws, 

election laws and campaigns, parliamentary organizations, party finances, other political 

activities (demonstrations), or laws that generally regulate about voluntary organizations.13 

Furthermore, Kenneth Janda explained more comprehensively that what is meant 

by party law is the whole law that affects political parties, which include: constitution, 

electoral law, campaign law, party finance law, legal party access to the media, community 

organization law, legislative provisions, administrative decisions and court decisions.14 

From the above description, it relates to the official state policy on the whole life of 

political parties, which in legal studies is known as the study of legal politics, with a simple 

understanding interpreted as the official state policy line that will be enforced nationally to 

achieve the country’s goals.15 

Theoretically, in analyzing the relationship between law and politics related to two 

variables, namely law (a legal product) as the dependent variable (affected variable, effect) 

and politics as an independent variable (variable influence, cause).16 Legal politics in its 

study focuses on two variables which give birth to specific legal product characteristics, 

as argued in the Mahfud study that democratic political configurations will give birth to 

legal products that are responsive or autonomous, whereas conservative / orthodox or 

oppressive political configurations, according to Mahfud, are choices over assumptions 

that law is a political product will lead to the adoption of a hypothesis that certain political 

configurations will give birth to certain legal product characters, where democratic political 

configurations will give birth to responsive or autonomous legal products while authoritarian 

(non-democratic) political configurations will give birth to legal products with character 

conservative / orthodox or oppressive, can be illustrated in the following chart:17 

12Katsina, A. M. (2014). Party Politics and Party Laws in New Democracies: The Case of Nigeria in the Fourth 
Republic, 1999 – 2011. International Journal of Humanities and Social Science, 4(2), p. 143.

13Katz, R. S., & Crotty, W. (2014). Handbook Partai Politik. Bandung: Nusamedia, p. 719.
14Casal-Bértoa, F., Piccio, D. R., & Rashkova, E. R. (2012). Party Law in Comparative Perspective. Working 

Paper Series on the Legal Regulation of Political Parties(16), p. 5.
15D., Moh. Mahfud M. (1998). Politik Hukum di Indonesia. Jakarta: LP3ES, p. 1.
16Husein, M. Wahyudin, & Hufron, H. (2008). Hukum, Politik, & Kepentingan. Yogyakarta: LaksBang 

PRESSindo, p. 1
17D., M. Mahfud M. (1999). Op. Cit., p. 6.



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Legal Politics of Simplifying Political Parties in Indonesia
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Figure I. 

Independent Variable Dependent Variable

Political Configuration Character of Legal Products

Democratic Responsive / Autonomous

Authoritarian / Non-
Democratic

Conservative / Orthodox

Source: Moh. Mahfud M. D., 1999. 

Moh. Mahfud MD also wrote: 

... it should be stated that the qualifications regarding the political 

configuration and character of legal products cannot be identified absolutely 

because in reality, no country is fully democratic or fully authoritarian, nor is 

there a country whose legal product character is absolutely responsive or 

absolute conservative.18 

Based on the description above, then to understand the legal politics of simplification 

of political parties in Indonesia during the 2004 – 2014 general election period in this study, 

identification was carried out by tracing the statutory provisions that had been enacted 

from 2004 – 2014 to simplify the political parties as follows: 

A.	 Politics	of	Regulatory	Law	Simplification	of	Reformed	Political	Parties

Over the past 32 years, the New Order government retained its power, 

conditions where the country was very strong, and the state as the sole interpreter of 

truth. It is not wrong to describe the condition at that time by putting the government 

as the sole interpreter of all aspects of life, including the interpretation of the life of 

political parties, where the condition that everything that comes out of the mouth of 

the ruler is true, there is no room to refute, if anyone disputes, the catastrophe will 

approach them critics including among them criticism of the life of political parties, 

simply as it was in France with the expression of King Louis XIV “L’Etat, c’est moi”, 

until finally the new order government ends. 

The collapse of the New Order period signifies that Indonesia entered a new 

phase known as the Reformation, at this time began to change the state of living 

conditions including the life of political parties marked by the birth of Law Number 2 of 

1999 concerning Political Parties to replace Law Number 3 In 1975 relating to Political 

Parties and Groups of Work and Law Number 3 of 1985 pertaining to Amendments to 

18D., Moh. Mahfud M. (1998). Op. Cit., p. 5.



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Legal Politics of Simplifying Political Parties in Indonesia

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Law Number 3 of 1975 concerning Political Parties and Functional Groups.19

1. Legal Politics of Simplifying Political Parties 1999 Election Period 

Birth of a policy to form a political party law at the beginning of the 

Reformation era was a policy that was born to respond to the social turmoil that 

occurred in 1998, where there was a shift in the pendulum of social life from 

Authoritarian to Democratic. Policies that open space for the life of political parties 

has been the trigger for the growth of political parties as happened at the beginning 

of independence.

The power of policy that regulates the lives of political parties through is 

not much different from the policy power that regulates the lives of political parties 

in the early days of independence. The Vice President’s announcement about the 

recommendation for the formation of political parties has also triggered the birth of 

fantastic numbers of political parties. Proved through Law No. 2 of 1999 were born 

political parties as many as forty-eight political parties which were political parties 

participating in the elections in 1999. 

In the policy of regulating the life of political parties, it was stipulated that 

to form political parties must fulfill the following:

a. Conditions Requirements for Establishing Political Parties 

Based on Law Number 2 year 1999, to form a political party, it must be created 

by at least 50 citizens of the Republic of Indonesia who are 21 years old , 

have Articles of Association that contain principles or characteristics and party 

aspirations and programs that do not conflict with Pancasila, and do not use the 

same name or symbol with foreign countries, the Republic of Indonesia national 

flag, foreign country flags, images of individuals and other party symbols.20 

Furthermore, to become a legal entity, the political parties must register with 

the RI Justice Department using a notary deed, and include the terms of the 

formation of political parties as described previously. The political parties that 

fulfill the requirements and are declared eligible will be legalized as legal 

entities and announced in the State Gazette of the Republic of Indonesia.21 

b. Political Party Financial Provisions

To support the life of political parties and to control political parties, political 

party financial policies are regulated in CHAPTER VI which include: (a) funding 

sources; (b) maximum amount; (d) financial statements.

19Law of the Republic of Indonesia Number 2 of 1999 (Law No. 2 of 1999) concerning Political Parties. State 
Gazette of the Republic of Indonesia, Number 22 of 1999. Supplement to the State Gazette of the Republic of 
Indonesia, Number 3809.

20Vide Article 2 Paragraph (2) of Law No. 2 of 1999.
21Vide Article 4 Paragraph (1), (2) and (3) of Law No. 2 of 1999.



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Legal Politics of Simplifying Political Parties in Indonesia
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Political parties can obtain funding sourced from membership fees, donations 

and other legitimate ventures, assistance from the state budget given based 

on votes in general elections. Regarding the funding source, the funding 

sources are regulated either in the form of donations or assistance from foreign 

parties.22 Furthermore, it is also stipulated that political parties as non-profit 

organizations are prohibited from establishing business entities and owning 

shares in a business entity.23 

In connection with the boundaries of donating funding sources, it is limited 

that political parties can receive donations from a maximum of Rp. 15,000,000 

(fifteen million rupiahs) and contributions from other companies or entities 

amounting to Rp. 150,000,000 (one hundred and fifty million rupiahs) in one 

year. In addition to donations of money, political parties can also receive 

contributions in the form of goods whose value is the same as donations in the 

form of money.24 

Thus, to control political party finances both in terms of income and expenditure, 

the policy regulates the obligation for political parties to report at the end of the 

year 15 days before, and 30 days after the general election to the Supreme 

Court, reports submitted to the Supreme Court contains a list of contributors. 

The party financial report can be audited by a public accountant appointed by 

the Supreme Court.25 

c. Prohibition, Supervision and Dissolution of Political Parties

In Law No. 2 of 1999 stipulates that political parties are prohibited from adhering 

to, developing, spreading the teachings or understandings of Communism / 

Marxism / Leninism and other teachings that are contrary to the Pancasila.26 

The institution that has the authority to supervise, freeze, dissolve, impose 

administrative sanctions, and revoke the right of political parties to take part in 

general elections for political parties proven to violate the provisions prohibited 

in the law is the Supreme Court. 

In the 1999 general election, the policy of regulating the life of political parties 

was not only regulated in the laws of political parties. The policies governing 

the life of political parties are also regulated in Law No. 3 of 1999.27 

22Vide Article 12 Paragraph (1), (2), (3) and (4) of Law No. 2 of 1999.
23Vide Article 12 Paragraph (1) and (2) of Law No. 2 of 1999.
24Vide Article 14 Paragraph (1), (2), and (3) of Law No. 2 of 1999.
25Vide Article 15 Paragraph (1) and (2) of Law No. 2 of 1999.
26Vide Article 16 Letter (a) of Law No. 2 of 1999.
27Law of the Republic of Indonesia Number 3 of 1999 (Law No. 3 of 1999) concerning General Election. State 

Gazette of the Republic of Indonesia, Number 23 of 1999. Supplement to the State Gazette of the Republic of 
Indonesia, Number 3810.



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In this policy it is regulated, to become an election participant political parties 

must fulfill the requirements, including: (a) their existence is recognized in 

accordance with the law on political parties; (b) has management in more than 

half the number of provinces in Indonesia; (c) have management of more than 

½ the number of districts / municipalities in the province; (d) submit names and 

images of political parties.28 

B. Legal Politics of Simplifying Political Parties Election Period 2004 

1. Politics of the Law of Harmonizing the Party through Political Law 

Parties legal policy of simplifying political parties in the 2004 general 

elections is regulated in Law No. 31 of 200229 Which constitutes the second political 

party law post-reformation replaces Law No. 2 of 1999. The matters stipulated in 

the policy of simplification of political parties include: 

a. Terms of Establishment and Establishment of Political Parties

Political concretization of the simplification of political parties relating to the 

terms of establishment and formation of political parties stipulates that the 

conditions for establishing and establishing political party, which is established 

by a minimum of 50 Indonesian citizens aged 21 years with a notary deed 

that includes the articles of association and by-laws, and management at 

the national level. The provisions for the establishment and establishment of 

political parties refer to the formulation of Chapter II Article 2, Article 3, and 

Article 4. 

Furthermore, the legal politics of simplifying political parties stipulates that to 

become a public legal entity for political parties, political party organizations 

must register with the Department of Justice. To become a public legal entity 

as described above, political parties must fulfill the requirements, namely: 

(a) notary deed in accordance with the 1945 Constitution and other laws 

and regulations, (b) having a minimum of 50% minimum management of the 

Province, 50% each Regency / City in the Province concerned and 25% of the 

number of Subdistricts in each Regency / City involved, (c) have names, (d) 

symbols and images that are not the same as names, (e) symbols and image 

signs of other political parties and have a permanent office. The legal politics 

of simplifying political parties are regulated in Article 2 paragraph (3). 

28Vide Article 39 Paragraph (1) of Law No. 3 of 1999.
29Law of the Republic of Indonesia Number 31 of 2002 (Law No. 31 of 2002) concerning Political Parties. State 

Gazette of the Republic of Indonesia, Number 138 of 2002. Supplement to the State Gazette of the Republic of 
Indonesia, Number 1425.



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Legal Politics of Simplifying Political Parties in Indonesia
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b. Terms of Principle and Characteristics

Apart from the management requirements and deed of establishment of the 

party, legal politics simplifying political parties also regulates the provisions 

regarding the basic terms and characteristics of the party, that each political 

party must not adhere to the principles and characteristics that are contrary 

to Pancasila and the 1945 Constitution. Political parties can include specific 

characteristics by their wishes and ideas that do not conflict with the 

Pancasila, the 1945 Constitution of the Republic of Indonesia, and the Act. The 

arrangement of principles and characteristics of political parties is formulated 

in Article 5 paragraph (1) and (2). 

c. Political Party Financial Arrangements 

Legal politics of simplifying political parties through political party financial 

arrangements are regulated through the provision of financial resources that 

can be accepted by political parties which include: (a) membership dues with 

a maximum limit of 200,000,000 (b) lawful good contributions in the form of 

money, goods, facilities, equipment and equipment with a maximum limit of 

800,000,000 and (c) assistance from the state budget that gives proportionally to 

political parties that get seats in the institutions of the people’s representatives. 

Regarding legal politics, the simplification of political parties regarding the 

provisions of financial arrangements for political parties is regulated in Article 

17 paragraph (1), (2), and (3) and Article 18 paragraph (1) and (2). 

d. Prohibitions and Sanctions

In the legal politics of simplifying political parties Law Number 31 of 2002, 

in addition to regulating the provisions concerning rights granted to political 

parties. The law also regulates provisions concerning restrictions in the form 

of prohibitions or sanctions. 

About prohibited provisions it is categorized into two, namely: administrative 

prohibitions and prohibitions on the activities of political parties. The prohibition 

concerning administration, in the form of prohibition of names, symbols and 

images that resemble: (a) the flag or symbol of the Republic of Indonesia, 

(b) the symbol of a state or government institution, (c) name, flag or symbol 

of another country and name, flag or symbol of an international institution / 

agency, (d) someone’s name and picture and, (e) having similarities with other 

political parties whereas the prohibition relating to the activities of political 

parties includes: events that are contrary to the 1945 Constitution and laws, 

endangering the Unitary Republic of Indonesia, and contrary to the policies of 

the state government in maintaining a friendship with other countries in order 

to maintain world order. 



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Concerning provisions concerning the prohibition of the establishment of 

business entities and share ownership, and the prohibition of receiving and 

giving contributions from/to the following details: (a) foreign parties; (b) any 

party without including a clear identity; (c) the person / institution exceeds 

the specified limit; (d) BUMN, BUMD, BUMDes, cooperatives, foundations, 

NGOs, community organizations and humanitarian organizations. It is further 

regulated by the prohibition of Political Parties to adhere to, develop and 

spread the teachings or understandings of Communism / Marxism-Leninism. 

Based on these provisions, there are 24 (twenty-four) political parties that are 

declared legitimate as legal entities and passed the administration.

2. Legals Politics of Simplifying Political Parties through Election Laws 

A policy of simplifying political parties through electoral law in the 2004 

general election is regulated in Law No. 12 of 2003 concerning General Elections 

of Members of the DPR, DPD and DPRD. The matters stipulated in the political 

party’s simplification policy in the law include: 

a. Requirements to Become Election Participants

Policy of providing political parties regarding the requirements to become 

political parties participating in elections specifies that in order to become an 

eligible participant, political parties must comply with: (a) have a legislative 

board of at least ⅔ of the total number of provinces; (b) have a complete 

management of at least ⅔ of the total districts / cities in the province concerned; 

(c) having a membership of at least 1/1000 of the total population in each 

management of a political party, must have a permanent office and submit the 

names and images of political parties to the KPU. The policy of simplifying 

political parties related to the requirements to become an election participant 

is regulated in Article 17. 

b. Requirements for Following the Election of the Next Period and Requirements 

for Obtaining Chairs 

Next, it is determined that to take part in the next election period, political parties 

must fulfill the provisions for the seats, namely: (a) at least 3% of DPR seats; (b) 

Obtain at least 4% of the total seats in the Provincial DPRD which are spread at 

least in ½ (half) of the total provinces in Indonesia; or (c) Obtain at least 4% of 

the number of Regency / City DPRD seats spread in ½ (half) of the number of 

regencies / cities in Indonesia. The policy of simplifying political parties through 

the requirements for obtaining vote thresholds is regulated in Article 9. With 

the enactment of the provisions of Article 9 paragraph (1), political parties not 

fulfilling these provisions have no right to place candidates to sit or obtain seats 



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in the DPR, Provincial DPRD, and Regency / City DPRD. The other implications 

of the enactment of this provision are that each political party participating in 

the election cannot automatically become an election participant in the following 

period. Political parties participating in the 2004 elections can become election 

participants in the 2009 period, only if they join a political party participating in an 

election that meets the requirements of the election participants; join a political 

party that does not fulfill the needs of the election participants and then uses the 

name and sign of one of the political parties joining so as to meet the minimum 

number of seats; or join a political party that does not fulfill the requirements 

of election participants by forming a new political party with new names and 

images so as to meet the minimum number of seats. Provisions to merge parties 

for electoral party parties that do not fulfill the provisions of Article 9 paragraph 

(1) are contained in paragraph (2). 

C. Legal Politics of Simplifying Political Parties 2009 Election Period 

By referring to the results of the 2004 general election, policymakers in the 

2009 elections made changes to the policy direction to simplify political parties. 

Furthermore, changes in the direction of policy simplification of political parties due to 

the simplification of political parties through law 31 of 2002 are considered not optimal 

in accommodating the development of society. So it is deemed necessary to determine 

the new direction of legal politics simplifying political parties. 

1. The Politics of Law for the Elimination of Political Parties through Political 
Party Laws 

Policy of simplifying political parties through the laws of political parties 

in the 2004 general elections is regulated in Law Number 2 of 2008 concerning 

Political Parties30. The matters stipulated in the political party’s simplification policy 

in the law include: 

a. Terms of Establishment of Political Parties

In the change in the legal political direction of the simplification of the political 

party it was determined that, to establish a political party must meet the 

requirements including: establishment by a minimum of 50 citizens the 21-year- 

old Indonesian state (WNI) with a notary who included 30% representation of 

women and included AD and ART and management at the central level. AD 

party contains: principles and characteristics of the party, vision and mission, 

name, symbol, and signatures, goals and functions of parties, organizations, 

30Law of the Republic of Indonesia Number 2 of 2008 (Law No. 2 of 2008) concerning Political Parties. State 
Gazette of the Republic of Indonesia, Number 2 of 2008. Supplement to the State Gazette of the Republic of 
Indonesia, Number 4801.



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place of domination and decision making, party rules and decisions, political 

education and political party finance.31

b. Requirements to Become a Public Legal Entity

Furthermore, the policy of simplifying political parties regulates that to become 

a public legal entity, the organization of a political party must fulfill the following 

requirements: (a) ownership of the deed of establishment of the party; (b) 

names and symbols / images that are not the same as other parties; (c) have a 

permanent office and have management in at least 60% of the total provinces, 

50% in the district / city in question and have an account in the name of the 

party.32 

c. Terms and Regulations on Principles or Ideology and Characteristics of the 

Party 

In the policy of regulating the simplification of political parties not only carried 

out through the requirement to become a public legal entity, the simplification 

efforts are also carried out through the provisions of fundamental/ ideological 

requirements and party characteristics that political parties can include certain 

characteristics and reflects the will and ideals of political parties that do not 

conflict with Pancasila and the 1945 Constitution.33 

d. Financial Arrangements of Political Parties

Regarding the policy of simplifying political parties through the regulation 

of political party, finances are carried out through restrictions on financial 

resources which include: (a) membership fees, (b) other legal sources, and (c) 

financial assistance from the APBN / APBD that is given proportionally by the 

vote acquisition.34 

Furthermore, the policy of regulating the simplification of political parties in 

regulating financial parties related to their implementation is given authority to 

political parties to control in AD and ART. However, what needs to be addressed 

is that restrictions pertaining to individual contributions not from members of 

political parties are limited to one billion rupiahs per year, while contributions 

from companies and Business Entities are a maximum of four billion rupiahs 

per year. 

e. Prohibitions and Sanctions 

The new direction of the policy of simplifying political parties stipulated in the 

political party law also regulates the provisions of prohibitions and sanctions. 

31Vide Article 2 Paragraph (1), (2), (3) and (4) of Law No. 2 of 2008.
32Vide Article 3 Paragraph (1) and (2) of Law No. 2 of 2008.
33Vide Article 9 Paragraph (1) and (2) of Law No. 2 of 2008.
34Vide Article 34 of Law No. 2 of 2008.



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Requirements for ban include the name and symbol of the party, party activities, 

funding sources and the establishment of business entities, the teachings of 

communism.35 The details are as follows: 

1) Names and Symbols of political party parties are prohibited from using the 

name and symbol of the same party as the36 

a) flag or symbol of the Republic of Indonesia; 

b) symbol of a state institution or Government symbol; 

c) Name, flag, the emblem of another country or international institution/

body 

d) name, flag, a symbol of the organization of a separatist movement, or 

a prohibited organization; 

e) someone’s name or picture; or 

f) that has the same equality or the whole with the name, symbol or 

picture of another Political Party. 

2) Political Party Activities 

A policy of simplifying political parties regulated through the prohibition 

of the activities of political parties stipulates that political parties are 

prohibited from carrying out activities that contradict the 1945 Constitution 

of the Republic of Indonesia and laws or conduct activities that endanger 

the integrity and safety of the unitary State Republic of Indonesia.37 

In order to regulate the activities of political party funding sources, in the 

policy of regulating the simplification of political parties the provisions are 

in the form of prohibitions for political parties to accept and contribute to 

foreign parties, from parties whose identity is unclear, take contributions 

exceeding the prescribed limits and receive donations from BUMN / BUMD, 

uses fractions as a source of funding.38 It is further stipulated that political 

parties are prohibited from establishing business entities and owning 

shares of a business entity. 

Regarding political party activities related to the life and development 

of political parties, the policy of simplifying political parties regulates 

the prohibition to adhere to and develop and spread the teachings or 

understandings of communism / Marxism-Leninism. 

35Vide CHAPTER XVI of Law No. 2 of 2008.
36Vide Article 40 Paragraph (1) of Law No. 2 of 2008.
37Vide Article 40 Paragraph (2) of Law No. 2 of 2008.
38Vide Article 40 Paragraph (3) of Law No. 2 of 2008.



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To provide the workforce for the prohibitions regulated in the policy of simplifying 

the political parties, a policy for imposing sanctions on violating political parties was 

born. The policy provisions related to sanctions for violating political parties can be in 

the form of rejecting the registration of political party organizations into legal entities by 

the Department. Furthermore, for political parties that violate the provisions of Article 

13 letter I, will be subject to sanctions for termination of the provisions of the State / 

Regional Revenue and Expenditure Budget until the government receives the report 

in the relevant fiscal year. Whereas for political parties that violate the provisions of 

Article 40 can be subject to sanctions in the form of freezing and dissolution.

2.	 Simplification	of	Political	Parties	through	Election	Law	

About the simplification policy of political parties through the electoral law 

regulated in Law Number 10 of 2008 concerning General Elections of Members of 

the House of Representatives, Regional Representatives39 set that : 

a. Requirements to Become Election Participants

The new direction of legal political change in the simplification of political parties 

is regulated changing conditions to become political parties participating in 

elections, that to become political parties participating in elections, political 

parties must meet the requirements : (a) legal status in accordance with 

the Law on Political Parties; (b) has management in 2⁄3 of the number of 

provinces; (c) has management 2⁄3 of the number of districts / cities of province 

concerned; (d) include at least 30 % (thirty percent) women’s representation 

in the management of central political parties; (e) Has a membership at least 

1000 thousand people or 1/1000 (one thousandth) of the total population in 

each of the political parties management as referred to in letter b and letter 

c as evidenced by the ownership of a member card; (f) Having a permanent 

office for control as referred to in letter b and letter f; (g) Submit names and 

images of political parties to the KPU.40 

b. Requirements to get a seat in the DPR

In the 2009 elections there was a change in the political direction of the policy 

of simplifying political parties, where to the participate in the determination of 

seats in the DPR, political parties achieve the acquisition of a sound threshold 

of at least 2,5% of the number of legitimate nations vote.41

39Law of the Republic of Indonesia Number 10 of 2008 (Law No. 10 of 2008) concerning General Elections 
of Members of People's Representative Council of the Republic of Indonesia, Regional Representative Council, 
and Regional People's Representatives Council. State Gazette of the Republic of Indonesia, Number 51 of 2008. 
Supplement to the State Gazette of the Republic of Indonesia, Number 4836.

40Vide Article 8 Paragraph (1) of Law No. 10 of 2008.
41Vide Article 202 Paragraph (1) of Law No. 10 of 2008.



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These provisions show the spirit of simplification political parties, as evidenced 

by the enactment of the provisions as many as thirty-eight political parties 

participating in the election can converge into sixteen political parties. However, 

the number of political parties cannot be categorized as a simple political party 

system as the simple political party concept referred to in this study. 

D. Legal Politics for Simplifying Political Parties in the 2014 Election Period 

1. Legal Politics of Simplifying Political Parties through the Law on Political 
Parties

Referring to the elections results in 2009, policymakers ware deemed 

necessary to carry out changes related to the laws of political parties and electoral 

laws as a new direction for the legal politics of simplifying political parties. We can 

trace the new direction of legal politics in the new simplification of political parties 

in the formulation of Law Number 2 Year 2011 concerning Amendments to Law 

Number 2 Year 2008 concerning Political Parties.42 

The new direction of the policy of regulating the simplification of political 

parties is a policy that considers that law 31 of 2002 has not been optimal in 

accommodating the development society. So it is deemed necessary to determine 

the new direction of the policy of simplifying political parties. 

a. Terms of Establishment of Political Parties 

The changes in the direction of policy simplification of political parties are 

regulated by several changes in terms of the establishment of political parties, 

that to form a political party is established by at least 30 Indonesian citizens 

aged 21 years in each province, registered by at least 50 founders representing 

all founders party with a notary includes 30% representation of woman. Notary 

a deeds supplemented by AD and ART and management at the national level.43 

b. Requirements to become a Public Legal Entity

Furthermore, based on the provisions of Article 3 paragraph (1), that to obtain 

status as a legal entity, political party organizations must register with the Ministry 

Law and Human Rights. To become a legal entity, political party organizations 

must meet the following requirements : (a) Notary deed of establishment of 

Political Parties; (b) name, symbol, or sign that does not have quality in the main 

or the whole with the name, symbol, or sign that has been legally used by other 

political parties in accordance with the laws and regulations; (c) Management 

in each province and at least 75% (seventy five percent) of the number of the 

42Law of the Republic of Indonesia Number 2 of 2011 (Law No. 2 of 2011) concerning Amendment to Law No. 
2 of 2008 concerning Political Parties. State Gazette of the Republic of Indonesia, Number 8 of 2011. Supplement 
to the State Gazette of the Republic of Indonesia, Number 5189.

43Vide Article 2 Paragraph (1), (2) and (3) of Law No. 2 of 2011.



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district, / cities province concerned and at least 50% (fifty percent) of the total 

number of sub-districts and related districts / cities; (d) Permanent offices at the 

central, provincial and district / city levels until the final stage of general election; 

(e) accounts in the name Political Parties.44 

c. Funding Terms

About the legal politics of simplifying political parties through political party 

financial arrangements, it is regulated that the financial resources of political 

parties cover : (a) Membership fees; (b) Legal donations and (c) Financial 

assistance from the State Budget Income and Expenditures / Regional Budget. 

As an effort to control the sources of political party funding as referred to in the 

previous description. So, in the policy of regulating the simplification of political 

parties regulated by the provision of financial party political resources, the 

supervisions policy is carried out through the obligation to submit accountability 

reports on revenues and expenditures originating from the State Audit Agency’s 

Regional Budget and Regional Expenditures Budget assistance periodically. 

Once a year to be audited no later than 1 (one) month after the end of the 

fiscal year.45 

d. Prohibitions and Sanctions 

The policy of regulating the simplification of political parties through the 

prohibition provisions on political parties includes the prohibition of violations 

of Article, Article 3, Article 9 paragraph (1), and Article 40 paragraph (1). Thus, 

if the political party violates the prohibition as stipulated in the description 

of the above article, the political party will be subject to sanctions, in the 

policy of regulating the simplification of political parties through sanctions 

can be imposed through administrative sanctions in the form of refusing the 

registration of political party organizations into the party’s legal entity.

Whereas political parties that violate the prohibition as referred to in Article 

13 letter i, political parties will be subject to administrative sanctions in the 

form of preventing assistance from the State Budget for Expenditures and 

Expenditures / Expenditures and Regional Assistance until the report in the 

related fiscal year. 

2. Legal Politics for Simplifying Political Parties through Election Laws 

a. Requirements to become Election Participants 

For political parties wishing to participate as electoral political parties in the 

holding of elections for the 2014-2019 period, they must meet the requirements 

44Vide Article 3 Paragraph (2) of Law No. 2 of 2011.
45Vide Article 34A Paragraph (1) of Law No. 2 of 2011



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that include: 

1) Legal status in accordance with the Law on political parties; 

2) Have stewardship throughout the province; 

3) Has management in 75% (seventy-five per cent) of the number of districts/

cities in the province concerned; 

4) Has management in 50% (fifty hundred per cent) of the number in the 

relevant regency/city; 

5) Include at least 30% (thirty per cent) of representation of women in the 

management of central level political parties; 

6) Has a membership of at least 1.000 (one thousand) or 1/1000 (one 

thousand) of the population in the management of a political party as 

referred to in letter c as evidenced by ownership of a membership card; 

7) Have a permanent office for management at the central, provincial and 

district/city levels until the final stages of the election ; 

8) Submit names, symbols and images of political parties to the KPU; and 

9) Submit the election campaign fund account number on behalf of the 

political party to the KPU. 

The above provisions do not apply to political parties that have met 

the vote acquisition threshold in the previous election. Article b paragraph (1) 

and (2). 

b. Requirements to get a seat in the DPR 

In Law Number 8 of 2012 the direction of legal political pendulum 

simplification of political parties regulated through the implementation of 

parliamentary thresholds has been a shift. Where the parliament threshold of 

2,5% applied in the 2009 election shifted to 3,5%. The provision emphasizes 

that to enter into the distribution of seats, political parties must meet the vote 

acquisition threshold requirements of at least 3,5% (three point five per cent) 

of the national legitimate votes.46 

With the enactment of the parliamentary vote threshold, which is 3,5%, 

it can be simplifying political parties from twelve political parties to ten political 

parties that have rights in the distribution of seats in the DPR. However, the 

prevision shows that it has not been able to direct the formation of a simple 

party system referred to in this study. 

46Vide Article 208 of Law of the Republic of Indonesia Number 8 of 2012 (Law No. 8 of 2012) concerning General 
Elections of Members of People's Representative Council of the Republic of Indonesia, Regional Representative 
Council, and Regional People's Representatives Council. State Gazette of the Republic of Indonesia, Number 117 
of 2012. Supplement to the State Gazette of the Republic of Indonesia, Number 5316.



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CONCLUSION

The legal politics of simplifying political parties in Indonesia during the 2004 – 

2014 general elections were carried out through the Political Party Act and the General 

Election Law, wherein each election period a change in legal politics was carried out. The 

legal-political character of simplification of political parties during the 2004 – 2014 general 

election embraced democratic legal politics. However, overall legal politics of simplifying 

political parties in Indonesia during the 2004 – 2014 elections was only oriented to the 

simplification of political parties in Parliament, not oriented to the simplification of political 

parties as Election Participants. 

ACKNOWLEDGEMENT

Alhamdulillahi rabbil ‘alamin, thank you very much to LP2S Universitas Muslim 

Indonesia, which specifically provides an opportunity for author to take part in the beginner’s 

research scheme and in general the author also express their deepest gratitude to the 

Universitas Muslim Indonesia who have funded this research so that it can be completed 

on time and can become one of the sources of reference for legal writing, which specifically 

addresses the issue of political parties in Indonesia. there are no more appropriate words 

for the author to say besides thank you. 

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