Corruption and Law in Indonesia by Simon Butt

By Simon Butt

Indonesia has remodeled from considered one of South East Asia’s such a lot repressive and centralised political structures to its so much decentralised and democratic. regardless of this, hindrances nonetheless stay that prevent Indonesia reaching the ‘rule of law’, and particularly, the rustic is continually ranked as having one of many maximum degrees of corruption on the planet. This publication assesses Indonesia’s anti-corruption reforms during the last decade, concentrating on the Anti-corruption fee (KPK) and the Anti-corruption courtroom (ACC).

The booklet discusses how either associations were mostly profitable on the grounds that they begun working on 2004. prior to 2008, the KPK and ACC principally serious about mid-senior point objectives and confronted resistance essentially within the type of constitutional demanding situations to their jurisdictions and powers. From 2008, despite the fact that, the KPK begun concentrating on politically-powerful figures, drawing resistance that now threatens the long run efficacy of either associations. it really is mostly in Indonesia’s courtrooms and lawmaking associations that key battles among reformists and people who prefer the established order have performed out. This booklet describes and analyses those judicial strategies and criminal alterations. It indicates that regardless of chronic claims that Indonesia’s criminal approach is dysfunctional, legislation is much from beside the point in modern-day Indonesia. The publication is an invaluable contribution to South East Asian politics and Asian law.

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To deter KPK em­ployees from engaging in corruption themselves, all KPK em­ployees convicted of corruption have the criminal penalties applied against them increased by one third of the gen­erally applic­able punishment. KPK’s tasks, powers and obligations The KPK’s corruption-­combating tasks fall within four broad cat­egor­ies: co­ordinating and supervising rel­ev­ant agencies and institutions; investigating and prosecuting corruption cases; preventing corruption; and monitoring state governance.

Corruption, the KPK and the ACC 15 flawed – perhaps deliberately. In par­ticu­lar, they were under-­resourced and many were estab­lished to co­ordinate the hand­ling of corruption cases by existing institutions – namely the ordinary police, pub­lic pro­secu­tion and courts – themselves widely con­sidered to be highly corrupt. In this chapter I also de­scribe the 2002 KPK Law. It breaks new ground in combating corruption in Indonesia, prim­arily because it removes the powers of ordinary law enforcement institutions to pursue some types of corruption cases.

However, despite extensive searching, I was unable to obtain complete official gen­eral court conviction rates or sentencing stat­ist­ics for corruption cases. I rely in this chapter upon 2008–2009 figures the Supreme Court Chief Justice provided in a press conference in late 2010. I also refer to ICW figures, but note that their correctness has been challenged, par­ticu­larly by the Supreme Court. 2005–2007 Perhaps the most prominent criticism against the KPK in 2005–2007 was levelled by civil soci­ety organ­isa­tions such as ICW, and respected legal com­ment­ ators.

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