Act No. 2 Of 2011

Original Language Title: Undang-Undang Nomor 2 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e34e07210bde1313231323330.html

ACT 2-2011bt fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 8, 2011 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5189) legislation of the REPUBLIC of INDONESIA number 2 in 2011 ABOUT the CHANGE in the law number 2 of 2008 ABOUT the POLITICAL PARTY with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that in order to strengthen the exercise of democracy and the party system is effective in accordance with the mandate of the Constitution of the Republic of Indonesia in 1945 institutional strengthening is required, as well as an increase in the function and role of political parties;
b. that law number 2 of 2008 on political parties needs to be modified in accordance with the demands and the dynamics of the development of the community;
c. that based on considerations as referred to in letter a and letter b, need to establish laws on the changes to the Act No. 2 of 2008 about a political party;
Remember: 1. Article 20, article 21, article 22E paragraph (3), article 24C, paragraph (1) of article 28, article 28C paragraph (2), and article 28J Constitution of the Republic of Indonesia in 1945;
2. Law number 2 of 2008 on political parties (State Gazette of the Republic of Indonesia Year 2008 number 2, an additional Sheet of the Republic of Indonesia Number 4801);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on CHANGES to the Act No. 2 of 2008 ABOUT political parties.
Article I some provisions in the law number 2 of 2008 on political parties (State Gazette of the Republic of Indonesia Year 2008 number 2; An additional Sheet of the Republic of Indonesia Number 4801) is amended as follows: 1. The provision of article 1 point 7 is amended so that article 1 reads as follows: article 1 In this law are: 1. A political party is an organization that is national and formed by a group of citizens of Indonesia voluntarily on the basis of the similarity of the will and ideals to fight for and defend the political interests of the members , community, the nation and the State, as well as maintaining the integrity of the unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia in 1945.
2. The articles of Association of a political party, hereafter abbreviated AD, are the basic rules of political parties.
3. the Bylaws of a political party, hereafter abbreviated as ART, is the rule that was created as a translation of the AD.
4. Political Education is a process of learning and understanding of the rights, obligations, and responsibilities for every citizen in the life of nation and State.
5. Political parties are all the Financial rights and obligations of political parties which can be assessed with the money, in the form of money or goods, as well as all forms of wealth owned by and is the responsibility of political parties. 6. the Minister is the Minister of Legal Affairs wing and human rights.
7. The Ministry is a Ministry: Legal Affairs and human rights.
2. The provisions of article 2 paragraph (1) and subsection (5) amended, between paragraph (1) and paragraph (2) is inserted 2 (two) paragraph i.e. subsection (1a) and (1b) as well as on paragraph (4) added four (4) letters i.e. the letter g, letter h, letter i, and the letter m, so article 2 reads as follows: article 2 (1) of the political party was founded and formed by at least 30 (thirty) people of Indonesia who have citizens aged 21 (twenty one) years or married from each province.
(1a) the political party as referred to in paragraph (1) be registered by at least 50 (fifty) people who represent the whole of the founder the founder of the political party with a notary deed.
(1b) the founder and administrator of a political party banned from doubles as another political party members.
(2) the establishment and formation of political parties as referred to in subsection (1) include the 30% (thirty perseratus) representation of women.
(3) a notary deed as referred to in paragraph (1a) must contain the AD and ART as well as the management of political party central level. (4) the AD as referred to in paragraph (3) contains at least: a. the basis and characteristics of the political party;

b. Political Party vision and mission;

c. name, emblem, and the image of political parties;

d. the purpose and function of a political party;

e. the Organization, seat, and decision making;

f. management of political parties;

g. membership recruitment mechanism of party politics and political office;

h. cadre recruitment system;

i. mechanisms of dismissal of political parties;

a. regulations and decisions of political parties;

k. political education;

b. finance political parties; and m. settlement mechanisms internal political party disputes.
(5) management of political party central level as referred to in paragraph (2) was compiled to include at least 30% (thirty perseratus) representation of women.
3. The provisions of article 3 paragraph (1) and paragraph (2) Letter c, letter d, and the letter e is modified, so that article 3 reads as follows: article 3 (1) of the political parties must be registered to the Ministry to be legal entities.
(2) to be a legal entity referred to in subsection (1), a political party must have: a. the notary deed of establishment political parties;
b. the name, symbol, or image that does not have the equation substantially or entirely by name, symbol, or image that has been used effectively by other political parties in accordance with the regulations;
c. Management in each province and at least 75% (seventy-five perseratus) of kabupaten/kota on the concerned provinces and at least 50% (fifty-perseratus) from the number of subdistricts in the Regency/municipality in question;
d. the Office remains at the level of the Central, provincial, and district/city until the last stages of the general election; and e. an account on behalf of a political party.
4. The provisions of article 4 paragraph (1) is amended so that article 4 reads as follows: article 4 (1) the Ministry receives the registration and conduct research and/or verification of completeness and truth as referred to in article 2 and article 3 paragraph (2).
(2) research and/or verification as referred to in paragraph (1) do the longest 45 (forty five) days from receipt of complete requirements document.
(3) the Endorsement of a political party becomes a legal entity is carried out by decision of the Minister of the longest 15 (fifteen) days from the end of the research process and/or verification.
(4) the Minister's decision regarding the endorsement of a political party as referred to in paragraph (3) was announced in the news of the Republic of Indonesia.

5. The provisions of article 5 amended so that article 5 reads as follows: article 5 (1) AD and ART can be changed in accordance with Dynamics and the needs of the political parties.
(2) changes to AD and ART as mentioned in subsection (1) is performed based on the highest decision-making forum of political parties.
(3) changes to AD and ART as mentioned in subsection (1) must be registered to the Ministry most longer than 30 (thirty) days counted since the occurrence of the change.
(4) the registration of the changes referred to in paragraph (3) include the notary deed regarding changes to AD and ART.
6. The provisions of article 16 paragraph (2) are amended so that article 16 reads as follows: article 16 (1) a member of a political party dismissed its membership of a political party if: a. dies;

b. resigns in writing;

c. be a member of another political Party; or d. breaking AD and ART.
(2) the Ordinance termination of membership of a political party as referred to in subsection (1) is set in AD and ART.
(3) in the case of members of a political party who was dismissed was a member of people's representative institutions, dismissal from membership of political parties is followed by dismissal from membership in the agency representatives in accordance with the legislation.
7. Between paragraph (3) and paragraph (4) of article 19 was inserted one (1) subsection i.e. subsection (3a), so the article 19 reads as follows: article 19 (1) management of political party central level is based in the national capital.
(2) the management of a provincial political party based in the capital city of the province.
(3) political party Governance level of kabupaten/kota located in the capital of kabupaten/kota.
(3a) the management of political parties domiciled in subdistrict level the capital of the subdistrict.
(4) in terms of the management of political party formed to level the neighborhood/village or other designation, position kepengurusannya adapted to the region concerned.
8. The provisions of article 11 paragraph (2) are amended so that Section 23 reads as follows: article 23 (1) Turn political party governance at every level is conducted in accordance with the AD and ART.
(2) the order of result management with administrative turnover of political parties registered to the central level of the Ministry of not longer than 30 (thirty) days counted since the formation of the new governance.
(3) the new political party governance Arrangement referred to in subsection (2) are defined with the Minister's decision of not longer than 7 (seven) days as of receipt of the terms since.
9. The provisions of article 29 paragraph (2) Letter c and d as well as paragraph (2), and in between paragraph (1) and paragraph (2) is inserted 1 (one) v. i.e. subsection (1a) to Clause 29 reads as follows: article 29 (1) of the political parties do the recruitment against citizens of Indonesia to be: a. a member of the political party;
b. prospective candidates of members of the House of representatives and the regional House of representatives; c. regional head of prospective candidates and Deputy Head of the region; and d. the prospective candidates the President and Vice President.
(1a) a recruitment as referred to in paragraph (1) letter b are implemented via cadre recruitment selection democratically in accordance with AD and ART by considering at least 30% (thirty perseratus) representation of women.

(2) Recruitment as referred to in paragraph (1) of the letters c and d is carried out in a democratic and open in accordance with AD and ART as well as legislation.
(3) the setting up of recruitment as referred to in paragraph (1), subsection (1a), and subsection (2) is carried out by decision of the Executive Board of a political party in accordance with the AD and ART.

10. The provisions of article 32 is amended so that Article 32 reads as follows: article 32 (1) a political Party Dispute resolved by internal political party as set forth in the AD and ART.
(2) the resolution of the internal Political Party disputes as referred to in subsection (1) done by a court or other designations of political parties formed by the political parties.
(3) the order of the Court of political parties or other designation as referred to in paragraph (2) presented by the leadership of the political parties to the Ministry.
(4) the resolution of the internal Political Party disputes as referred to in subsection (2) must be completed no later than sixty (60) days.
(5) Court ruling political party or other designation is final and binds internally in the event of a dispute relating to governance.
11. The provisions of article 33 paragraph (1) is amended so that Article 33 reads as follows: article 33 (1) in the case of settlement of disputes referred to in Article 32 is not reached, dispute settlement is done through the District Court.
(2) the decision of a District Court is to first-degree verdict and final, and can only be submitted to the Supreme Court of Cassation.
(3) the Matters referred to in subsection (1) is completed by the District Court of not longer than sixty (60) days from the tort litigation is registered in the Registrar of the District Court and by the Supreme Court most longer than 30 (thirty) days since the memory of Cassation is registered in the Registrar of the Supreme Court.
12. Between paragraph (3) and paragraph (4) of article 34 is inserted 2 (two) paragraph i.e. subsection (3a) and (3b) and subsection (4) amended so that Article 34 reads as follows: article 34 (1) of the political party Finances are sourced from: a. the Member dues;

b. donations are valid according to the law; and c. the financial aid from the budget of the State Expenditures and Income/revenue and Budget Shopping area.
(2) the Contribution referred to in subsection (1) letter b, can be in the form of money, goods, and/or services.
(3) financial aid from the budget of the State Expenditures and Income/revenue and Budget Shopping Area as referred to in paragraph (2) Letter c is given proportionally to political parties get seats in the House of representatives, the House of representatives, provinces and Representatives of the regional district/city that its calculations based on the amount of the acquisition of sound.
(3a) financial aid from the budget of the State Expenditures and Income/revenue and Budget Shopping Area as referred to in paragraph (3) priority to carry out political education for members of political parties and the community.
(3b) political education as referred to in paragraph (3a) relates to activities: a. deepening about the four pillars of a nation and a country, namely the Pancasila, the 1945 CONSTITUTION, Bhinneka Tunggal Ika and the unitary State of the Republic of Indonesia;
b. understanding of the rights and obligations of a citizen of Indonesia in establishing ethical and political culture; and c. the cadre members of political parties hierarchical and sustainable.
(4) financial assistance and report the use of financial assistance to political parties as referred to in paragraph (3) and (3a) are governed further by a government regulation.
13. Between Article 34 and article 35 pasted one article, namely Article 34A which reads as follows: article 34A (1) political party is obligated to submit a report acceptance of liability and expenses from the grant Budget revenues and Expenditures of the State Budget revenues and Expenditures and the area referred to in Article 34 paragraph (1) the letter c to the Financial Examiner periodically 1 (one) year to audited at least 1 (one) month after the fiscal year ends.
(2) the Audit report referred to in subsection (1) is carried out 3 (three) months after the fiscal year ends.
(3) the results of the audit report accountability the receipt and expenditure as referred to in paragraph (2) presented to political parties at the latest 1 (one) month after it audited.
14. The provisions of article 35 paragraph (2) Letter c is amended so that Article 35 reads as follows: article 35 (1) the Contribution referred to in Article 34 paragraph (1) letter b received political party comes from: a. an individual Member of a political party which governed in the AD and ART;
b. an individual not a member of a political party, most worth Rp 1,000,000,000.00 (one billion rupiah) per person within 1 (one) year budget; and c. the company and/or business entity, most worth Rp 7,500,000,000.00 (seven billion five hundred million rupiah) per company and/or business entity within 1 (one) year budget.
(2) the Contribution referred to in subsection (1) is based on the principles of honesty, fairness, open, voluntary, responsibilities, as well as the sovereignty and independence of political parties.

15. The provision of article 39 amended so that Article 39 reads as follows: article 39 (1) the financial management of political parties is carried out in a transparent and accountable.
(2) financial management of political parties as referred to in paragraph (1) audited by public accountant per 1 (one) year and is announced periodically.
(3) the political party is obliged to make a financial statement for the purposes of auditing the funds include the following: a. report on the realization of the budget of a political party;

b. report on the balance sheet; and c. the cash flow statement.

16. The provisions of article 45 amended so that Article 45 reads as follows: article 45 the dissolution of political parties as referred to in article 41 was announced in the news of the Republic of Indonesia by the Ministry.
17. The provisions of article 47 paragraph (1) is amended so that Section 47 reads as follows: article 47 (1) violation of the provisions referred to in article 2, article 3, article 9 paragraph (1) and article 40, paragraph (1) are the administrative sanction in the form of refusal of registration of a political party as a legal entity by the Ministry.
(2) violation of the provisions referred to in Article 13 the letter h is an administrative sanction in the form of a reprimand by the Government.
(3) violation of the provisions referred to in Article 13 of the letter i is an administrative sanction in the form of cessation assistance Budget of revenue and Expenditure of the State Budget revenues and Spending/area until the report was accepted by the Government in the fiscal year concerned.
(4) violation of the provisions referred to in Article 13 of the administrative sanctions is the letter j in the form of a reprimand by the Electoral Commission.
(5) breach of the provisions referred to in article 40 paragraph (3) the letter e is the administrative sanctions laid down by the agency/institution that served to maintain the honor and dignity of the political parties and their members.
18. The provisions of article 51 paragraph (1), subsection (2), and subsection (4), subsection (3) is deleted, paragraph (1) and paragraph (2) is inserted three (3) subsection i.e. subsection (1a), (1b) and (1 c), so that Article 51 reads as follows: article 51 (1) of the political party that has been authorized as a legal entity on the basis of Act No. 2 of 2008 about political parties still recognized its existence with the obligation of conduct adjustment according to this law by following verification.
(1a) the verification of political parties as referred to in paragraph (1) and the political party which was formed after the Act is enacted, completed at least 2 ½ (two and a half) years before the polling day of the election.
(1b) in the case of political parties as referred to in subsection (1) does not qualify the verification, the existence of political parties remains recognised until appointed over members of Parliament, Provincial, and SUB-PROVINCIAL PARLIAMENTS district/municipality Election results by 2014.
(1 c) members of Parliament, Provincial, and SUB-PROVINCIAL PARLIAMENTS Kabupaten/Kota from political parties as referred to in subsection (1b) remains recognised its existence as members of Parliament, Provincial, and SUB-PROVINCIAL PARLIAMENTS district/city until the end of the period of its membership.
(2) change the AD referred to in article 2 paragraph (4) of the letter g, letter h, letter i, and the letter m mandatory filled at the first opportunity was held Supreme decision-making forum of political parties in accordance with the AD and ART after the Act is enacted. (3) is deleted.
(4) the resolution of the matter of political parties that are currently in the process of examination in court and has not been terminated before the legislation is enacted, the settlement is terminated on the basis of Act No. 2 of 2008 about political parties.
(5) the matter of political parties which have registered to the Court before the enactment of this Act and has not been processed, the matter in question is examined and decided upon this Act.
Article II of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta on January 15, 2011, the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on January 15, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();