Political Parties as Legal Entities: An Academic Debate


This paper aims to provide an academic brief on the status of political parties as legal entities amid debates on whether political parties stand as private or public legal entities. Based on doctrinal research, the results of the study conclude that although there is an impossibility to firmly place the position of political parties as public or private legal entities considering political parties do have two dimensions, namely private and public, the evidence shows that political parties are more appropriately positioned as legal entities under the public law based on three arguments. First, the party is an important and key institution for the success of democratic work. Second, the relationship between the party and the people is getting further apart, while the relationship between the political party and the state is getting stronger. Third, political parties receive the aid of public funding.

Keywords: Political Party, Private, Public

[1] Ali C. Badan Hukum. Bandung: Alumni; 2014.

[2] Syahrani R. Rangkuman Intisari Ilmu Hukum. Bandung: Citra Aditya Bakti; 2004.

[3] Karvonen L. Legislation on Political Parties: A Global Comparison. Party Polit. 2007 Jul;13(438):437–55.

[4] Singh SC. The Indian Journal of Political Science. 1950;11(2). https://www.jstor.org/stable/42743830.

[5] Shomer Y, Put GJ, Gedalya-Lavy E. Intra-Party Politics and Public Opinion: How Candidate Selection Processes Affect Citizens’ Satisfaction with Democracy. Polit Behav. 2016;38(3):509–34.

[6] et al. Benjamin von dem Berge, Measuring Intra-Party Democracy: A Guide for the Content Analysis of Party Statutes with Examples from Hungary, Slovakia and Romania. New York: Springer; 2013.

[7] Rye D. Political Parties and the Concept of Power: A Theoretical Framework. London: Palgrave Macmillan; https://doi.org/10.1057/9781137331601.

[8] Mair P. Political Parties, Popular Legitimacy and Public Privilege. West Eur Polit. 1995;18(3):40–1.

[9] I. van B. and P. Kopecky, “The State And The Parties: Public Funding, Public Regulation and Rent-Seeking in Contemporary Democracies,”. Party Polit. 2007;13(2).

[10] Van Biezen I. State Intervention in Party Politics: The Public Funding and Regulation of Political Parties. Eur Rev. 2008;16(3):346.

[11] van Biezen I, Borz G. Models of Party Democracy: Patterns of Party Regulation in Post-War European Constitutions. Eur Polit Sci Rev. 2012;4(03):327–59.