印尼政党的刑事责任

IF 0.1 Q4 LAW
Nani Mulyati, T. Santoso
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引用次数: 0

摘要

在印度尼西亚,根据民法,政党可以是与其成员分开的法人,享有与合法公民相同的法律权利和义务。他们可以参与经济、政治、法律和社会关系。如果他们违反了法律,他们也会被追究责任。然而,由于宪法承认他们在民主政治进程中具有关键作用,因此他们是否能在刑法中承担责任仍然非常可疑。本文考察了政党在其刑事责任中的地位,以及他们是否可以被起诉和制裁。为了做到这一点,本研究采用的科学方法是理论法学研究,仔细审查了一些理论、法规和法律案例,并分析了一些关于公司法人的法律理论。它审查了描述政党可以或不能作为政党被起诉的条件的法规和案例。结论是,政党确实有一些普通私营公司没有的特点,比如它们在宪法生活中发挥的重要作用,因为它们可以对选举结果提出质疑,并在政府中掌权。在刑法方面,一些国家对政党的待遇有所不同。这项研究将为法官、其他执法人员和学术界了解政党在刑事责任中的地位提供有价值的信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA
In Indonesia, according to civil law, a political party can be a separate legal personality from its members vested with the same legal rights and duties as a legal citizen. They can participate in the economic, politic, legal, and social relationships. If they violate the law, they can also be held responsible. However, it is still very doubtful whether they can be liable in criminal law since they have critical function in the democratic political process as acknowledge by the constitution. This paper examines the position of a political party in their criminal liability, whether they can be prosecuted, and sanctioned. In order to do that the scientific methodology used for this research is doctrinal legal research, scrutinizing some theories, regulations, and legal cases, and analyzing some legal theories on corporate legal personalities. It examines regulations and cases that describe the conditions when a political party can or cannot be prosecuted as political parties. It is concluded that political parties do have some peculiarities that ordinary private corporations do not, such as the important roles they play in constitutional life as they can contest election results and hold power in the government. Some countries treat political parties differently when it comes to criminal law. This research will provide valuable information for judges, other law enforcement officers, and academia in understanding the position of political parties in criminal liability.
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来源期刊
CiteScore
0.80
自引率
0.00%
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14 weeks
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