Kepimpinan politik dalam pembentukan dan pelaksanaan undang-undang mengenai parti politik di Indonesia

Since 1945, the political leadership of Indonesia has been changing from democracy to authoritarian and then back to a democracy. The government emphasising on the bylaws of the political parties to give them greater power or in reducing parties. The objective of this study, the first is to identify the reasons why political leadership give precedence to the orderliness of parties. The second to study the laws of the parties and the third to analyze the effectiveness of the constitution contributing to political leadership. This study uses both qualitative and descriptive methods and uses the judicial and historical approaches. The primary data was obtained by interviewing 62 respondens are 10 members of parliament, 20 chairpersons of party, 10 political experts, 12 chairpersons of the General Election Commission and 10 reporters. The secondary data are the results of the general elections from 1955 until 2009, and the decisions of party establishments from 1946 until 2008. The results shows that the democratic leadership of 1945 prioritized the freedom of association by establishing parties to oppose the ideas of autocratic government, inherited from Japanese occupation. In 1998, occurred changes in the laws of parties to deny Suharto's autocratic that full of restraints. The autocratic leadership of 1959 and 1973 amended the bylaws of parties to eliminate opposition and paved the way for the military to lead the government. The laws of 1945 and 1999 gave the parties freedom to choose ideology and chairpersons. Under the autocratic leadership, the laws were restrictive with the government having enormous powers to determine the ideology and leadership of the parties. The regulations of the parties from 1999 to 2009 were still unstable because of four conditions: the formation and the registration of parties, electoral participants, parliamentary threshold and the conditions to be elected as MPs. The Constitutional Court also abolished the Electoral Act that gave chances for the births of dictatorship in some parties. The finding of this research is the compromise between the freedom to form association and the necessity of limiting the number of parties. However, the coalition of parties have still not been able to support a stable presidential system