Anaylisis of Criminal Liability of Political Parties in Indonesia

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Abstract

In Indonesia, according to civil law, a political party can be a separate legal personality from its members, and can be vested with the same legal rights and duties as a legal citizen. Political parties can participate in economic, political, legal, and social relationships. If these parties violate the law, they can also be held responsible. Despite their critical function in the democratic political process, as acknowledged by the Indonesian Constitution, whether they can be liable in criminal law remains doubtful. This study examines the position of political parties in terms of criminal liability that is, whether they can be prosecuted and sanctioned. The scientific methodology used in this study is doctrinal legal research, which involves scrutinizing theories, regulations, and legal cases, and analyzing legal theories on corporate legal personalities. This study examines regulations and cases that describe the conditions when a political party can or cannot be prosecuted as an entity. Political parties do have certain peculiarities that ordinary private corporations do not, such as important roles in constitutional life as they can contest election results and hold power in government. Some countries treat political parties differently when it comes to criminal law. This study aims to provide valuable information for judges, other law enforcement officers, and academia in understanding the position of political parties in criminal liability.
Original languageEnglish
JournalIndonesia Law Review
Publication statusPublished - 2019

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