One of the Spirit of the Changes

Combination of presidential government systems and multi-party systems as a system of Indonesian state has led to a government that does not effective and stable. The formulation of the problem which is the focus of the study in this paper, namely how is the legal politics of simplification of political parties in Indonesia for the period 2004-2014. The research method used in this study is normative. Based on the results of the study, the authors obtained answers to the existing problems, that the legal politics of simplifying political parties in Indonesia is democratic legal politics, but the legal politics of simplifying political parties in Indonesia should not only be directed at simplifying political parties in parliament, but also simplifying political parties in political parties participating in the general election.


INTRODUCTION
One of the spirits of the changes to the 1945 Constitution of the Republic of Indonesia (from now on abbreviated as the 1945 Constitution of the Republic of Indonesia) is to strengthen the building of a presidential government system. 1 The spirit of the amendment to the 1945 Constitution of the Republic of Indonesia to strengthen the building of presidential government systems is one of them characterized by the formulation of Article 6A paragraph (1) and Article 22E paragraph (1) and (2), where the principal stipulates that the mechanism for filling the position of President and Vice President (hereinafter abbreviated The Vice President) is elected directly by the people. Based on these provisions, then theoretically Indonesia has adopted one of the characteristics of a presidential government system, in the language of C.F Strong it is called the system of non-parliamentary executive government (fixed executive). 2 Since the stipulation of the regulation to date, Indonesia has held three general elections (from now on abbreviated to elections) of the President and Vice-President, namely in 2004, 2009 In practice post-reformation in Indonesia has not only changed the face of the Indonesian government system, but also changed the face of the Indonesian party system.
The change in the face of the Indonesian party system is marked by providing life insurance for political parties, even further political parties are positioned as organizations that have an essential function as formulated in Article 6A paragraph (2) and Article 22E paragraph (3), where political parties are participating organizations elections and organizations that have the right to nominate candidates for President and Vice President. As stated by Fransje Moleenar that, the constitution is the most special part in the regulation of political parties because it contains fundamental values and legitimizes political rules. 3 The life of political parties continues to experience a metamorphosis, wherein the 2004 election period there were 24 (twenty-eight) political parties participating in the election and 16 political parties (sixteen) who won seats in the DPR 4 , in the 2009 election period, there were 44 (forty-four) political parties Election participants and 9 (nine) who won seats in the DPR, in the 2014 election there were 12 (twelve) election political parties and 10 (ten) who won seats in the DPR 5 . Starting from the description above, it appears that since 1999, 2004, 2009 to 2014 Indonesia has experienced a change in the face of the party system, both in the party system of participants in the elections and in the party system in the legislature.
From the foregoing, it is illustrated that, in connection with the changes in the provisions of the 1945 Constitution of the Republic of Indonesia concerning the regulations for the distribution of power, the mechanism for filling in the position of President and Vice President, and changes in party arrangements, has brought Indonesia under conditions of a combination of presidential and party system multi-party.
The combination of presidential government systems and multi-party systems is a difficult combination; it is also emphasised that adhering to the combination of the two systems as a state system will potentially lead to deadlock and the divided government argued by Mainwairing. 6 Furthermore, Antonio Cheibub added that the magnitude of the potential deadlock would be more complicated if the president came from a small party, while forming a coalition to gain parliamentary support to develop an effective and stable government tended to be more difficult in a presidential government system.

Legal Politics of Simplifying Political Parties in Indonesia
In the context of Indonesian state administration, the warning of the implications of the combination of presidential systems and multi-party systems as proposed by experts, can at least be traced during the Yudhoyono-Kalla administration as the first president and vice president born of the presidential and vice-presidential election system in history Indonesian state administration. First, the president's prerogative rights are reduced in appointing and dismissing ministers. The reduction of the president's pre-procedural powers was caused by the opening of coalition taps involving several political parties in the formulation of the cabinet; even the cabinet reshuffle was not based on objective needs but the pressure of political parties. 8 Secondly, the coalition building that was built to be the support of the formation of an effective government has not been able to materialise. The failure of the coalition to support the effectiveness of government is caused by the building of coalitions that are built not based on the prevailing view in managing the country, but on the attitude of pragmatism.
The failure of the coalition building is increasingly complex with no discipline in the coalition by political parties. 9 Based on the description above, various ideas have been created to simplify political parties; this is based on the reasoning of the arguments spoken by experts. Theoretically, to form a simple party system. So, it can be done through political life engineering through law. As stated by the Roscue Pound in Mahfud's legal politics study, that the law must be able to control and manipulate the development of society including its political life (law as a tool of social engineering). 10 Thus, while the focus of the problem formulation in this study is how is the legal politics of simplifying political parties in Indonesia during the 2004-2014 election period?

METHOD
Viewed in terms of the focus of the study, legal research conducted by the author includes the type of normative research, normative legal research is legal research conducted by selecting library materials or secondary data. In normative legal research, the process of collecting data is focused on efforts to obtain secondary data. Secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. From the above description, it relates to the official state policy on the whole life of political parties, which in legal studies is known as the study of legal politics, with a simple understanding interpreted as the official state policy line that will be enforced nationally to achieve the country's goals. 14 Theoretically, in analysing the relationship between law and politics related to two variables, namely law (a legal product) as the dependent variable (affected variable, effect) and politics as an independent variable (variable influence, cause). 15 Legal politics in its study focuses on two variables which give birth to specific legal product characteristics, as argued in the Mahfud study that democratic political configurations will give birth to legal products that are responsive or autonomous, whereas conservative / orthodox or oppressive political configurations, according to Mahfud, are choices over assumptions that law is a political product will lead to the adoption of a hypothesis that certain political configurations will give birth to certain legal product characters, where democratic political configurations will give birth to responsive or autonomous legal products while authoritarian (non-democratic) political configurations will give birth to legal products with character conservative / orthodox or oppressive, can be illustrated in the following chart:  Moh. Mahfud MD also wrote:

ANALYSIS AND DISCUSSION
... it should be stated that the qualifications regarding the political configuration and character of legal products cannot be identified absolutely because in reality, no country is fully democratic or fully authoritarian, nor is there a country whose legal product character is absolutely responsive or absolute conservative. 17 Based on the description above, then to understand the legal politics of simplification of political parties in Indonesia during the 2004-2014 general election period in this study, identification was carried out by tracing the statutory provisions that had been enacted from 2004-2014 to simplify the political parties as follows:

A. Politics of Regulatory Law Simplification of Reformed Political Parties
Over the past 32 years, the New Order government retained its power, conditions where the country was very strong, and the state as the sole interpreter of truth. It is not wrong to describe the condition at that time by putting the government as the sole interpreter of all aspects of life, including the interpretation of the life of political parties, where the condition that everything that comes out of the mouth of the ruler is true, there is no room to refute, if anyone disputes, the catastrophe will approach them critics Furthermore, it is also stipulated that political parties as non-profit organisations are prohibited from establishing business entities and owning shares in a business entity. 22 In connection with the boundaries of donating funding sources, it is limited that political parties can receive donations from a maximum of Rp. 15,000,000 (fifteen million rupiahs) and contributions from other companies or entities amounting to Rp. 150,000,000 (one hundred and fifty million rupiahs) in one year. In addition to donations of money, political parties can also receive contributions in the form of goods whose value is the same as donations in the form of money. 23 Thus, to control political party finances both in terms of income and expenditure, the policy regulates the obligation for political parties to report at the end of the The institution that has the authority to supervise, freeze, dissolve, impose administrative sanctions, and revoke the right of political parties to take part in general elections for political parties proven to violate the provisions prohibited in the law is the Supreme Court.
In the 1999 general election, the policy of regulating the life of political parties was not only regulated in the laws of political parties.  Based on these provisions, there are 24 (twenty-four) political parties that are declared legitimate as legal entities and passed the administration  As an effort to control the sources of political party funding as referred to in the previous description. So, in the policy of regulating the simplification of political parties regulated by the provision of financial party political resources, the supervisions policy is carried out through the obligation to submit accountability reports on revenues and expenditures originating from the State Audit Agency's Regional Budget and Regional Expenditures Budget assistance periodically.

C. Legal Politics of Simplifying Political Parties 2009 Election Period
Once a year to be audited no later than 1 (one) month after the end of the fiscal year. 44

d) Prohibitions and Sanctions
The policy of regulating the simplification of political parties through the prohibition provisions on political parties includes the prohibition of violations of Article, Article 3, Article 9 paragraph (1), and Article 40 paragraph (1). Thus, if the political party violates the prohibition as stipulated in the description of the above article, the political party will be subject to sanctions, in the policy of regulating the simplification of political parties through sanctions can be imposed through administrative sanctions in the form of refusing the registration of political party organizations into the party's legal entity.
Whereas political parties that violate the prohibition as referred to in Article 13 letter i, political parties will be subject to administrative sanctions in the form of preventing assistance from the State Budget for Expenditures and Expenditures / Expenditures and Regional Assistance until the report in the related fiscal year. 43 Lihat Pasal 3 ayat (2)   With the enactment of the parliamentary vote threshold, which is 3,5%, it can be simplifying political parties from twelve political parties to ten political parties that have rights in the distribution of seats in the DPR. However, the 45 Lihat Pasal 208 Undang-Undang Nomor 8 Tahun 2012.

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Legal Politics of Simplifying Political Parties in Indonesia prevision shows that it has not been able to direct the formation of a simple party system referred to in this study.

ACKNOWLEDGEMENT
Alhamdulillahi rabbil 'alamin, thank you very much to LP2S Universitas Muslim Indonesia, which specifically provides an opportunity for author to take part in the beginner's research scheme and in general the author also express their deepest gratitude to the Universitas Muslim Indonesia who have funded this research so that it can be completed on time and can become one of the sources of reference for legal writing, which specifically addresses the issue of political parties in Indonesia. there are no more appropriate words for the author to say besides thank you.