Political Party as Legal Subject after National Criminal Code

This study seeks to broaden the legal definition of corporations to encompass political parties as entities subject to criminal law. By expanding how we understand corporations in criminal contexts, the research explores whether political parties can be treated as corporate entities that bear criminal responsibility and face prosecution. The proposed criminal penalties for political parties would mirror those applied to corporations under the National Criminal Code, with one notable exception: the potential for dissolution. However, the authority to dissolve political parties remains solely with the Constitutional Court under the 1945 Constitution. The article addresses two primary questions: how political parties should be classified within criminal law frameworks, and what forms of criminal accountability and sentencing should apply to political parties under the new National Criminal Code.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2025-08-25
DOI
https://doi.org/10.38035/jlph.v5i6.2246
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

Political Party as Legal Subject after National Criminal Code

Muhammad Akram, Al Rhega Caesar Grestiano Kolang, A. Tenri Sukki
Journal of Law Politic and Humanities
Legal and Policy Analysis in Indonesia
article

Political Party as Legal Subject after National Criminal Code

Muhammad Akram, Al Rhega Caesar Grestiano Kolang, A. Tenri Sukki
article en

Abstract

This study seeks to broaden the legal definition of corporations to encompass political parties as entities subject to criminal law. By expanding how we understand corporations in criminal contexts, the research explores whether political parties can be treated as corporate entities that bear criminal responsibility and face prosecution. The proposed criminal penalties for political parties would mirror those applied to corporations under the National Criminal Code, with one notable exception: the potential for dissolution. However, the authority to dissolve political parties remains solely with the Constitutional Court under the 1945 Constitution. The article addresses two primary questions: how political parties should be classified within criminal law frameworks, and what forms of criminal accountability and sentencing should apply to political parties under the new National Criminal Code.

Journal of Law Politic and HumanitiesVol. 5(6)
Universitas Airlangga (ID), University of Indonesia (ID), Hasanuddin University (ID)
Openalex Percentile: Top 64%
Legal and Policy Analysis in Indonesia
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