Article 3 Paragraph 1 of Law Number 2 the Year 2008, jo Law Number 2 the Year 2011 on Political Parties, states that Political Parties must be registered to the Ministry to become legal entities. The state legally recognizes political parties that are already legal entities then have rights and obligations as legal subjects. The consequences of the existence of rights and obligations protected by the state make the position of Political Parties can be accounted for by law. Political parties are never held accountable in connection with violations committed by legislative candidates who commit an electoral crime, since the law does not regulate the accountability of political parties against perpetrators of crimes perpetrated by legislative candidates. A regulation that regulates the accountability of a political party to a criminal act committed by a legislative candidate is considered liable in a corporate crimerelated to the formulation of the "Sanctions Provision" in Law Number 2 Year 2008, jo Law Number 2 Year 2011 on Political Parties, in which regulate the subject of law (person / person) and political party, corporation (rechtpersoon). Found the problem/ legal problem (legal gap) in the formulation, as follows: a. It is not asserted that a political parties, a corporation as a subject of a crime (which should be contained in the "General Provisions"); b. The determination of sanctions only in the form of administrative and criminal sanctions, especially for criminal sanctions is not accountable to political parties; c. The formulation of its sanctions is cumulative, it should also be considered the formulation of alternative sanctions; d. Formulation of imprisonment for corporation; Should be described in detail about the subject of a criminal offense that must be held accountable because "corporation" cannot be imprisoned, which can be imprisoned is the subject of a criminal act of "people"; e. Not formulated on the determination of when a corporation, a political parties, can be accounted for; f. Not formulated when the board of corporations, political parties can be accounted for; g. Not formulating justification and excuses for corporations, political parties; h. No formulation of penal code/ guidelines for corporations, political parties. It is important to conduct research on the criminal liability of political parties in realizing the fairer elections in Indonesia, with the following issues: How is the formulation policy of criminal responsibility of political parties today? (1) How is the application of corporate criminal liability theory to the legal subject of political parties? (2) How is the formulation of the criminal responsibility of political parties in realizing the fairer elections in Indonesia in the future?
This study attempts to uncover carok, a tradition used as a solution to overcome problems related to the humiliation of a man's honor in the Madurese. This homogenous society believes that dying would be better than living enduring shame. It seems that carokbecomes a socio-cultural fate for the Madurese, which is a means to express their ethnological destiny. Despite several efforts to prevent carok, such tradition keeps existing. It means that the affirmative legal instruments fail to provide a solution. Therefore, reconstructing the legal culture of the Madurese based on Pancasila's values to overcome the problem is proposed to be an alternative. This research has three objectives that are to find out:(1) Why the Madurese choose carok as a final solution (2) What the effects of using carok are (3) How to reconstruct the Madurese legal culture based on Pancasila's values to avoid carok. The study concludes that (1) Carok is chosen because it is a social norm gaining social supports; (2) The effects of using carok are that there are participants who (i) agree, (ii) disagree (iii) agree on carok in the case of humiliation of the wife's honor only (iv) there is a hope to have powerful generations and there are increasing roles of the local elites (3) The construction of the Madurese legal culture can be achieved by (i) emphasizing the roles of parents and the local elites (ii) influencing people's perspective that vigilante justice is harmful (iii) building legal awareness and operating a type of the informal justice systems (IJS) named Lembaga MusyawarahAdat (LMA) to overcome carok and other social problems.
Corruption is an extraordinary crime that needs another treatment system against inmates. The existing regulation did not implement directly what concept is compatible with the Indonesian imprisonment methods, and it requires different designs to treat the universal or specific convicted according to their requisite. Because of that, to make an integral criminal justice system, the government should reconstruct the structural, substantial, and cultural aspects.
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