The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Criminal Accountability of Political Parties in Achieving Fair Election in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289459,
        author={M  Harun and Nyoman Serikat Putra Jaya and RB  Sularto},
        title={Criminal Accountability of Political Parties in Achieving Fair Election in Indonesia},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={criminal accountability political parties election fair},
        doi={10.4108/eai.10-9-2019.2289459}
    }
    
  • M Harun
    Nyoman Serikat Putra Jaya
    RB Sularto
    Year: 2019
    Criminal Accountability of Political Parties in Achieving Fair Election in Indonesia
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289459
M Harun1,*, Nyoman Serikat Putra Jaya1, RB Sularto1
  • 1: Diponegoro University, Semarang, Indonesia
*Contact email: harundosen@gmail.com

Abstract

Article 3 Paragraph 1 of Law Number 2 the Year 2008, jo Law Number 2 the Year 2011 on Political Parties, states that Political Parties must be registered to the Ministry to become legal entities. The state legally recognizes political parties that are already legal entities then have rights and obligations as legal subjects. The consequences of the existence of rights and obligations protected by the state make the position of Political Parties can be accounted for by law. Political parties are never held accountable in connection with violations committed by legislative candidates who commit an electoral crime, since the law does not regulate the accountability of political parties against perpetrators of crimes perpetrated by legislative candidates. It is important to conduct research on the criminal liability of political parties in realizing the fairer elections in Indonesia, with the following issues: How is the formulation policy of criminal responsibility of political parties today? (1) How is the application of corporate criminal liability theory to the legal subject of political parties? (2) How is the formulation of the criminal responsibility of political parties in realizing the fairer elections in Indonesia in the future?