Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.80, 2018 146 IMPLEMENTATION OF FUNCTIONS OF POLITICAL PARTY IN INDONESIAN CONSTITUTIONAL SYSTEMS Hamid Hussein*, Marwati Riza ** , Andi Pangerang Moenta *** , Anshori Ilyas **** * PhD Students at Postgraduate Program, Faculty of Law, Hasanuddin University ** Professor on Legal Science , Faculty of Law, Hasanuddin University *** Professor on Legal Science , Faculty of Law, Hasanuddin University **** Associate Professor on Legal Science , Faculty of Law, Hasanuddin University Abstract In Indonesia, the existence of the political party is form of freedom of association and freedom of assembly, which is existence derivative of freedom of thought and freedom of expression. Therefore, the freedom of association is deemed as various forms political activity in the political party, which is in accordance with the laws and is protected through the Indonesian Constitution. Reform era has been give away room for political freedom and freedom of expression for comprehensively growth for the political party marked with more and more the amount the political party formed. In 1999, 48 the political parties participated in the first election in the reform era. In the next election period, in 2004, it was 24 contestants participated in the election. In 2009 then, there were 44 the political parties participating in political elections. Finally, in 2014, 15 of the political parties came along the election. The function of the political parties can be seen in Article 11 of the Law No. 2 of 1999 concerning The Political Party. In terms of the political education for the community, Article 31 of the Law No. 2 of 1999 concerning The Political Party emphasises on the issue. Keywords: Political Party; Indonesian Constitutional System 1. Introduction Political parties come together with the idea that people are a contributing factor determine in the political process. In this case, the political party plays a role to connect between the people on one side and the government on the other. In its development, then the political parties are considered embodiments from a democratic political system to represents the aspirations of the people. In Indonesia, the existence of the political party is form of freedom of association and freedom of assembly, which is existence derivative of freedom of thought and freedom of expression. Therefore, the freedom of association is deemed as various forms political activity in the political party, which is in accordance with the laws and is protected through the Indonesian Constitution. This is an effort for manifestation of life nation that is strong, just-prosperous, as well democracy based on the law. 1 Reform era has been give away room for political freedom and freedom of expression for comprehensively growth for the political party marked with more and more the amount the political party formed. In 1999, 48 the political parties participated in the first election in the reform era. In the next election period, in 2004, it was 24 contestants participated in the election. In 2009 then, there were 44 the political parties participating in political elections. Finally, in 2014, 15 of the political parties came along the election. 2 The reform movement demands an improvement in political relations in four aspects: First, transformation of relations between state administrators and the people where state sovereignty practices must be transferred to people’s sovereignty. Second, reconstruction of relations between legislative and executive institutions, as well as between the central government and local governments to create a check mechanism and balance in the political process. Third, shifting the legal basis for political activity from the rule by using a rule of law. Fourth, eliminating the basis of political and economic relations which opens opportunities for the work of collusive and corrupt government practices. 3 1 See the law No. 2 of 2008 and Amendment of the Law No. 2 of 2011 Concerning the Political Party. 2 See Litbang Kompas, 2016, Indonesian Politic from 1999 – 2009: Concentration and De-concentration of the Power (Politik Indonesia 1999-2019, “konsentrasi dan dekonsentrasi kuasa”), penerbit Kompas, Jakarta. 3 Riswandha Imawan, The Political Party in Indonesia: Half-hearted Struggle to Find Identity (Partai Politik di Indonesia : Pergulatan Setengah Hati Mencari Jati Diri), Professor Inaugural Speech at Social Science and Politic Faculty –