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Original Research

ACCOUNTABILITY OF POLITICAL PARTIES AS CORPORATIONS IN THE ABUSE OF AUTHORITY OF POLITICAL PARTY MEMBERS IN PARLIAMENT

LEO DEDY 1, RETNO SARASWATI 2, and LITA TYESTA ALW 3.

Vol 18, No 11 ( 2023 )   |  DOI: 10.5281/zenodo.10205640   |   Author Affiliation: Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1119-1133   |   Published on: 25-11-2023

Abstract

Leo Dedy. 2023. Dissertation of the Doctoral Study Program in Law, Diponegoro University, Semarang. Accountability of Political Parties as Corporations in Misuse of Authority of Political Party Members in Parliament The purpose of this study is to analyze: How are political parties identified as corporations?  How is the determination of guilt on political parties as corporations that commit a criminal act in the criminal act of laundering money from the proceeds of corruption in Indonesia? How is political parties accountable for corruption? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that:  1) Basically, the meaning of political parties as corporations by law has a broad meaning, but the debate about political parties as corporations is still ongoing today. So there must be an affirmation in the meaning of corporate forms so that they can be qualified as legal subjects as referred to in the arrangement. This is very necessary in order to entangle political parties as a corporation. 2) Regarding accountability, political parties can be sanctioned when they have been proven to have committed criminal acts of corruption by referring to the provisions of Article 20 Paragraph (7) of the PTPK Law. However, the existence of special arrangements that refer to violations of political parties may be a loophole in the enforcement of criminal laws on corruption and money laundering because of the nature and scope of the norm regulation which can also be about the problematic conditions or context of political parties in today's sociological facts, so that not without reason, regarding criminal acts by political parties also leads to ineffectiveness in the enforcement of criminal laws on corruption and money laundering for parties politics. 3) The existence of a complete formulation of legal norms should enable law enforcement to present comprehensive justice both to administrators and political parties involved in criminal acts of corruption. However, the fact is that the implementation and actualization of norms seems to have experienced obstacles, law enforcement seems to be running in place, indikantor is certainly fundamental where there is no political party that can be accounted for as a legal entity that commits criminal acts of corruption.


Keywords

Political Party, Corporation, Authority, Parliament.