The Authority of The Supreme Court over The Articles of Association or by Laws of Political Parties

The purpose of this Study to keep no legal void the creation of legal certainty.Articles of Association of a Political Party or commonly referred to as AD/ART, is a binding provision for its members, which is binding, the same as a statutory regulation. The recent phenomenon is that the review of the articles of association of a political party to the Supreme Court,which had never existed before or had never happened in this Republic. There are 2 (two) State Institutions that have the right to Judicial Review against existing laws and regulations, namely the Supreme Court (MA) and the Constitutional Court, This test must be carried out so that there is no legal vacuum in it. The method used in this research is normative research, namely research using a statutory and conceptual approach. The results of this study, AD/ART is not a statutory regulation because it is not included in the hierarchy of laws and regulations, but from the point of view of civil law AD/ART is an agreement between the parties who made it and binds it. The Supreme Court continues to test the AD/ART so that there is no legal vacuum and the creation of a legal certainty.


INTRODUCTION
The Political party is a container to convey political aspirations for its members. One of them is the Articles of Association otr household budget. There is a recent phenomenon at the end of this end of the problem that occured to political parties, namely the issue of the Articles of Association or household budget called AD or ART (Lees-Marshment, 2001).
The Examination of the articles of association or by laws of political parties or commonly reffered to as AD or ART to the Supreme Court is a recent phenomenon because there is no institution authorized to carry out such testing. Examination of AD or ART to the Supreme Court, then consider that AD or ART as a statutory regulation. Where the Supreme Court has the authority to examine the legislation under the Law against the Law (Seidel et al., 2019).

The only Supreme justice of all judicial environments is the Supreme Court. The Supreme
Court is an independent judicial power that cannot be influence by any member of the goverment (excecutive), Legislator (Legislative), or any other party in conducting judicial proceedings to upload law and justice (Roesli et al., 2019).
The Judicial Power is given the authority to examine a statutory rule if the lower statutory regulation contradicts the higher regulation. This is known as the Judicial review, namely the Supreme Court and the Constitutional court. The Constitutional court has the authority to examine laws against the 1945 Constitution of The Republic of Indonesia (Abdullah, 2006).

ISSN print 2086-6852 and ISSN Online 2598-5892
The Judicial Power is given the authority to examine a statutory rule if the lower statutory regulation contradicts the higher regulation. This is known as the Judicial review, namely the Supreme Court and the Constitutional court. The Constitutional court has the authority to examine laws against the 1945 Constitution of The Republic of Indonesia.
The Laws of the laws that occurs is a new challenge for the judge to do the living invention to solve a problem. The duty of a judge in doing the discovery of laws as a problem solving by using two methods. The first legal interpretation method is a legal discovery method by explicitly expanded related to the text of the law to the scope of the rule can be applied to concrete events.
The causor is there but not clear. Second, do legal construction. Judge is using it in checking the case that does not specify regarding it.
AD or ART testing is a solution to a problem for which there is no legal regulation. Therefore, making judges make legal discoveries by digging deeper and based on legal values that live in society in accordance with the times. 1 Based on this background, a formulation can be drawn, namely whether the Supreme court has the authority to review the articles of association or the budgets of political parties?

Results of library research
Bagir Manan and Kuntana Magarar argue that the laws and regulations contain the element of the following elements: 1. In the Form of a written decision, the legislation as a rule of law is commonly referred to as written law 2. Established by officials in making common or binding rules The Characteristic of regulations are binding Laws that have no means to have to bind everyone, just show that legislation is not valid in certain concrete events or individuals (Raz, 1971). Jan Michiel Otto defines legal certainty as follows : 1. The rules are clear, fixed, easy to obtain, published and recognized by state power.
2. People's behaviour is based on these rules 3. The goverment consistently applied the rule of the LAW and submitted to it.
4. The Judge in judicial power is independent so as not to apply the law at all times in resolving legal issues.
5. The decision of the court should be concerned.
The Purpose of research is about to see and analyze whether the Supreme Court has the Authority to test the budget or the political budget of the political party (Soeroso, 2011).

RESEARCH METHODS
This research uses normative legal research which is carried out by reviewing legal rules or norms in laws and regulations and other reference sources related to the authority of the Supreme Court in examining the articles of association or political party budgets. Using a statutory and conceptual approach. Types and data collection by means of literature studies and using qualitative methods.

RESULTS AND DISCUSSION
The Political party's position in the hierarchy of the regulatory regulations. Representative Council, People's Representative Council, Regional Representative Council, Supreme Court, Constitutional Court, banks (Sihombing & Hadita, 2021). Indonesia, ministers, institutions or commissions of the same level established by law or by the government by order of law, provincial regional people's representative councils, governors, regency or city regional people's representatives, regents or mayors, village heads or the equivalent. The regulation is also a type of statutory regulation so that its existence is recognized and has binding legal force as long as it is ordered by a higher statutory regulation based on the authority given (Yuliati & Widayati, 2021).
Based on article 2, article 7 and article 8 of Law 12 of 2011 in conjunction with 15 of 2019 a regulation can be categorized as legislation if the first, fulfills the 5 (fifth) elements contained in article 2, the second, enters into the deepest type of hierarchy of laws and regulations is Article 7.
Third, getting orders from higher regulations on the basis of authority, this regulation is also recognized for its existence and has binding legal force. The following are 4 kinds of changes in the hierarchy of legislation, including: Hirarchy of Legislation  Based on the legal side of civil law, bylaw is a matter of national deliberation. Article 1338 of the civil law code states that all agreements made legally are valid as laws for those making the agreements. Based on this, the charter can be said to be the statute under article 1338 KUH Perdata ).  -The AD/ART of a political party is not a legal norm that binds the general public, but only binds the internal party of the political party concerned .

Authority of the Supreme Court in reviewing the Articles of Association of Political Parties.
-Political parties are not state institutions, bodies, or institution formed by law or by the government by order of Law.
-The Law does not delegate political parties to form laws and regulations.
In making legal discoveries, judges use legal construction if there is no law governing the problems they face (Thatcher & Sweet, 2002). One of the legal constructions is to use the analogy method, related to the too narrow scope of the legislation so that in creating the law the judge will expand its meaning by using the argumentum per analogy method. Similar events or cases regulated by law will be treated the same. In analogy, a special regulation in the law will be enforced or made general. If there are cases that have not been regulated by law, the judge will make legal discoveries. When making an analogy, it is extracted from the principles contained in it and concluded from the general provisions of special events. This method is used when there are different but similar, similar or even similar events that are regulated by law will be treated the same. However, the judge's decision does not apply the same between AD/ART and the law because the Supreme Court is of the opinion that AD/ART is not a statutory regulation. UU no.
12 of 2011 regulates the types of laws and regulations other than those regulated in article 7.
Article 8 of this law can be interpreted more broadly if the AD/ART is made into legislation. In this context, the Supreme Court makes legal discoveries not by expanding the meaning of the law, but by narrowing the law, namely by narrowing the scope of legislation so that AD/ART cannot be said to be statutory regulations.
AD / Art political party is considered a law for members of the political party. The Commonists said that AD / ART is the laws and regulations of the issue of the reinforced by the opinion of the laws. In accordance with the construction of analogy law in which the AD / ART testing is a similar, similar kind of similarly similar to the regulations in the law will be equal to the same. In addition, based on grammatical interpretations that inter-use by the daily grammar.
According to Jazim Hamidi(Jazim Hamidi,2011), Hermeneutics is a teaching of legal philosophy which is also a method of interpretation, which is an interpretation of the linkage between text, context, and contextualization. Article 1338 BW says each legitimate made agreement shall be legal to the regulations. If graphatically and hemeneutically, AD / ART is made based on the agreement of the political party members. So, AD / ART is considered a law. Based on the principle of ius curia novit, judges are considered to know the law and must try cases that are brought to them. This principle places an obligation on judges to determine what law should be applied to a particular case and how it should be applied. In the civil law system, this principle has long been known to resolve cases that have not been regulated by law because judges are considered to know the law.
The principle of ius curia novit is contained in Article 5 paragraph 1 of Law Number 48/2009 concerning judicial power. The article states that judges and constitutional judges are obliged to explore, follow, and understand the legal values and sense of justice that live in society.
The principle of ius curia novit is interrelated with one another with the principle of rechtweigening because this principle is also known as the principle of prohibition of refusing a case.(Yuri Styawan,2018 ) Article 10 paragraph 1 of the Law on Judicial Power regulates the prohibition for courts from refusing to examine, try, and decide on a case that is submitted on the grounds that there is no law governing it or it is unclear , but the court is obliged to examine and hear the case. Based on the principle of ius curia novit, judges are authorized to examine the AD/ART of a political party. regulations. The Supreme Court is not authorized to examine the AD/ART of political parties because the AD/ART is not a statutory regulation. As can be seen, the authority of the Supreme Court is to examine the law under the law against the law. However, when viewed from the side of Civil and Administrative Law, the AD/ART is a law so that the Supreme Court has the right to examine the AD/ART of a political party. In addition, by prioritizing the ius curia novit principle, namely that judges are considered to know the law and cannot refuse cases submitted to them, the judge is authorized to examine the Articles of Association/Budgets of political parties.

Suggestion
The Supreme Court should not interpret the AD/ART with legal narrowing, if the AD/ART is interpreted grammatically and hermeneuticly based on article 1338 of the Civil Code, the AD/ART can be categorized as law, because the contents of article 1338 state that all agreements made are valid and valid as law. law for the makers. This AD/ART is an agreement made by members of a political party so that this AD/ART is a law for members of a political party. So, if the AD/ART is referred to as a law, then in this case the Supreme Court has the authority to grant the review of the AD/ART for Political Parties.