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Topo Santoso
Fakultas Hukum Universitas Indonesia, Jakarta, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Indonesia Law Review (ILREV)

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POLITICAL PARTY’S CRIMINAL LIABILITY IN INDONESIA Mulyati, Nani; Santoso, Topo
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

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.
Principle of Simple, Speedy, and Low-Cost Trial and The Problem of Asset Recovery in Indonesia Nelson, Febby Mutiara; Santoso, Topo
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption that should be able to follow the concept of justice in a simple, speedy manner and at low cost.
Co-Authors Ahwan Ahwan Azizah, Hanifah Eka Putra, Fariz Elwi Danil Eva Achjani Zulfa Eva Syahfitri Nasution, Eva Syahfitri Febrian Febrian Febrian, Febrian Firmansyah Firmansyah Firmansyah Firmansyah Hambali Yusuf Hamonangan Albariansyah Hans Giovanny Yosua Mahmud Mulyadi Mahri Hasan Marlina Marlina Nani Mulyati Nashriana Nashriana Nashriana, Nashriana Nasriana Nasriana Nasriana Nasriana, Nasriana Nelson, Febby Mutiara Novian, Muhammad Nur Afni NurAfni NurAfni NURLAILY, NURLAILY Okpirianti, Reni Ong’eta, Wyclife Ramadhani, Mochamad Rizki Reni Okpirianti Rina Shahriyani Shahrullah Rosmalinda, Rosmalinda Sigid Suseno Yunus Husein Zainal Muttaqin Zin, Hakimah Muhammad