Criminal Liability in Corruption Crimes Committed by Political Parties as Legal Entities

The recognition of political parties as legal entities entails the consequence that they may be regarded as persons under criminal legal jurisdiction. However, this creates issues concerning criminal liability, particularly in relation to culpability in the form of intent or negligence, as Indonesia's criminal law framework continues to follow the doctrine of nullum crimen sine culpa. The complexity increases as it is often difficult to distinguish whether criminal acts are committed by the party as an institution or by individuals within it. In practice, corruption cases involving political parties have mostly targeted individuals rather than the party itself, creating legal ambiguity and weakening institutional accountability. As political parties hold a strategic role in democratic governance, their involvement in corruption undermines both political integrity and public trust. Normatively, the legal responsibility of political entities as incorporated organizations has been accommodated under the Anti-Corruption Law, the Anti-Money Laundering enactment, and Supreme Court Decree No. 13 of 2016. Moreover, the new Indonesian Criminal Code introduces exceptions to the principle of culpability through the doctrines of strict liability and vicarious liability, thereby enabling the application of penal penalties to political parties without the absolute requirement of proving fault. This study, using a normative juridical approach, emphasizes the need for integrating sociological perspectives to ensure that law enforcement is more responsive to systemic corruption threats in Indonesia’s democratic system.