Psychological Forensic of Political Party Court Judges: Analysis of the Political Party Court Judges’ Independence Based on the Law No. 2 of 2011 on the Change of the Law No. 2 of 2008 on Political Parties

Abstract

The Political Party Court has been given a mandate by the Law No. 2 of 2011 on Political Parties to resolve
the party’s disputes. The research results show that there is an unclarity in the constitutional law on the
requirements of the Political Party Court Judges and the mechanism to appoint them, which gives room for
the parties to create their own mechanisms. Practically, this has caused problems, as the party’s administration
contributed in determining and appointing the Political Party Court Judge, even though those administrators
have the potential to be one of the parties in the dispute trial due to the party’s policies. This condition
causes psychological and psychic pressures to the Party Judges. Thus, they cannot be independent in making
verdicts in a trial. This fragility makes the Political Party Court Judge powerless in making verdicts in the
internal level of the political parties.