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Political Party Criminal Liability Models in Corruption Cases: A Comparative Analysis between Indonesia and France Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah , Milda
Rechtsidee Vol. 14 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v14i1.1103

Abstract

General Background Political parties occupy a central institutional position in democratic systems but are recurrently associated with corruption that benefits organisations collectively rather than solely individual actors. Specific Background Indonesia’s National Criminal Code recognises corporations as subjects of criminal liability, thereby opening doctrinal space for prosecuting political parties, while France has long applied legal person liability under Article 121-2 of the Code pénal, supported by strict political finance supervision. Knowledge Gap Despite normative recognition in Indonesia, political parties are rarely treated as corporate offenders in corruption cases, creating a gap between legal construction and enforcement practice. Aims This study analyses the construction of political party criminal liability under Indonesia’s National Criminal Code, examines the French model, and compares both systems to identify a more coherent liability framework. Results The findings show that Indonesia provides a broad normative basis for treating political parties as corporate criminal subjects but lacks clear implementing mechanisms, whereas France demonstrates a consolidated and operational model combining criminal liability with institutional financial oversight. Novelty This study offers a focused comparative analysis positioning political parties explicitly as corporate offenders within corruption law, highlighting structural rather than individual accountability. Implications The analysis underscores the need for clearer legislative articulation and strengthened institutional design in Indonesia to ensure that political parties benefiting from corruption can be held criminally accountable, drawing lessons from the French experience. Highlights: Indonesia’s criminal law framework recognises organisational responsibility but rarely extends prosecution beyond individual perpetrators. France applies legal person responsibility to political organisations through clear doctrine and dedicated financial supervision. Comparative analysis reveals institutional design as a decisive factor in enforcing accountability for corruption. Keywords: Corporate Criminal Liability, Political Parties, Corruption Offences, Indonesia, France
Political Parties and Trading in Influence: A Comparative Study from a Civil Law Perspective in Indonesia and Sri Lanka Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah, Milda
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3678

Abstract

Introduction: The phenomenon of trading in influence is a form of political corruption that is difficult to identify because it operates within the realm of power relations that do not always take the form of direct bribery. Political parties in the context of modern democracies often act as mediators between public and economic interests, making them potentially key actors in the practice of trading in influence.Purposes of the Research: This study aims to analyze the involvement of political parties in the practice of trading in influence and compare the effectiveness of regulations and law enforcement in Indonesia and Sri Lanka. Furthermore, this study examines the extent to which the civil legal systems in both countries are able to close legal loopholes that allow for covert political corruption.Methods of the Research: This research uses a normative legal method with a comparative approach, examining legislation, jurisprudence, and international documents related to political corruption. Secondary data was obtained through a study of academic literature, reports from anti-corruption agencies, and a comparative analysis of the implementation of the United Nations Convention Against Corruption (UNCAC) in both jurisdictions, namely Indonesia and Sri Lanka.Results / Main Findings / Novelty/Originality of the Research: The results show that Indonesia and Sri Lanka face similar challenges in enforcing laws against influence peddling due to weak regulations explicitly addressing the practice. However, Indonesia has shown progress in adopting the principles of the United Nations Convention Against Corruption (UNCAC), while Sri Lanka remains limited to an administrative approach without strong criminal sanctions.