The Authority of the Prosecutors 'Office Represents the Government in Filing Applications for Dissolution of Political Parties in the Constitutional Court

Abstract

The trial for the dissolution of political parties is a court that integrates functions in criminal justice with the constitutional court in the Constitutional Court. Only the Prosecutors' Office as a government agency and law enforcement agency through the Prosecutor's prototype which includes the Intelligence Prosecutors, Investigating Prosecutors, Fingerprinting Prosecutors, Public Prosecutors, State Attorney, Executor Attorney, Asset Watcher Attorney under the Attorney General who is able to exercise the authority of representing the government in applying for the dissolution of political parties in the Constitutional Court as an integrative authority. The State Administration Decree is the forerunner of the Decree of the Minister of Law and Human Rights which ratifies a political party as a legal entity of a political party which is the object of cancellation in the request to dissolve a political party, so based on Article 30 paragraph (2) of Law 16/2004 jo. Article 68 paragraph (1) of Law 24/2003 jo. Article 3 paragraph (1) of PMK 12/2008, the Prosecutors' Office may represent the government in proceeding with the Constitutional Court. To attract criminal and legal liability for legal entities of political parties that commit criminal acts and contravene the 1945 Constitution, prosecutors can use the doctrine of strict liability, vicarious liability, and identification so that political parties can be liable for criminal liability through their managers who commit extra ordinary crime in a structured, systematic and massive manner. The nature of the submission to prosecute the dissolution of unconstitutional political parties by the Prosecutors' Office because of the interests of the state to uphold the law, uphold the authority of the government, protect the public interest, and save democracy.