PERTANGGUNGJAWABAN PIDANA PARTAI POLITIK SEBAGAI KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI DI INDONESIA

Abstract

Related to the crime of money laundering committed by political parties, as a legal entity a political
party can be held to hold criminal responsibility for what it has done. It can be said that a corporation has
committed a crime if the criminal offense is carried out by a corporate executive or employee who is still
within the scope of his authority, and intra-vires in the sense that it is still in part of the corporation's
intentions and objectives, and acts for corporate purposes. The purpose of this thesis is first to find out how
to determine errors in political parties as corporations that commit a crime in the crime of money
laundering as a result of corruption in Indonesia. Second, to find out the form of criminal liability of
political parties as corporations in criminal acts of money laundering resulting from criminal acts of
corruption in Indonesia.
From the results of the research conducted there are three main things that can be concluded. First,
determining the mistakes of the corporation can be done by looking at the intentions or negligence of the
political party administrators. This form of error is not individual but is collective and the corporation
receives the benefits of the crime. Therefore, it can be stated that the corporation (political party) is blamed.
Second, based on the theory of direct corporate liability and functional actors, corporations can be held to
hold criminal liability insofar as it is known to the political party management to commit the crime for and
on behalf of the corporation itself (political party). The author's suggestion, First, is expected to the House
of Representatives and the President to explicitly regulate the criminal responsibility of the corporation both
in the Act on crime of money laundering and corruption. Second, it is hoped that law enforcement officials
will be more courageous in disclosing and taking action against the involvement of political parties in the
use of funds that are sourced or reasonably suspected of money laundering.
Keywords: Accountability of Political-Corporations-Corporations-Money Laundering-Corruption Crimes