THE PHENOMENON OF POLITICAL DYNASTIES: A COMPREHENSIVE ANALYSIS FROM CONSTITUTIONAL LAW, LEGAL PHILOSOPHY, AND COMPARATIVE PERSPECTIVES

Abstract

Since the general elections for the regions in 2004 based on Law Number 32 of 2004, in Indonesia there have been many practices of political dynasties caused by weak regulations so that political dynasties need to be weakened through the function of legal control resulting in acts of collusion, corruption and nepotism. The term "political dynasty" was coined after Decision of The Supreme Court of the Republic of Indonesia Number 33/PUU-XII/2015 Regarding Review of Law Number 8 of 2015. The method used in this research is empirical juridical method. Research data was collected through data collection techniques such as library research and observation. The study results show that the practice of political dynasties in Indonesia has increased. Although the Indonesian state has regulated political dynasties so that they do not develop as stated in Article 7 letter r of Law Number 8 of 2015. However, through Decision of The Supreme Court of the Republic of Indonesia Number 33/PUU-XIII/2015, the regulations contained in Article 7 letter r of the Law -Law Number 8 of 2015 has been canceled and declared contrary to the 1945 Constitution of the Republic of Indonesia and does not have binding legal force.