New PDF release: Corruption and Law in Indonesia

By Simon Butt

ISBN-10: 0415679346

ISBN-13: 9780415679343

Indonesia has reworked from one among South East Asia’s such a lot repressive and centralised political structures to its such a lot decentralised and democratic. regardless of this, hindrances nonetheless stay that prevent Indonesia attaining the ‘rule of law’, and particularly, the rustic is constantly ranked as having one of many optimum degrees of corruption on this planet. This e-book assesses Indonesia’s anti-corruption reforms over the last decade, targeting the Anti-corruption fee (KPK) and the Anti-corruption court docket (ACC).

The booklet discusses how either associations were mostly winning considering they begun working on 2004. prior to 2008, the KPK and ACC principally occupied with mid-senior point ambitions and confronted resistance basically within the kind of constitutional demanding situations to their jurisdictions and powers. From 2008, even though, the KPK all started focusing on politically-powerful figures, drawing resistance that now threatens the longer term efficacy of either associations. it truly 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 e-book describes and analyses those judicial strategies and criminal alterations. It exhibits that regardless of chronic claims that Indonesia’s felony procedure is dysfunctional, legislations is way from beside the point in modern-day Indonesia. The ebook is an invaluable contribution to South East Asian politics and Asian law.

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Pushback against the ac­tiv­ities of the KPK and ACC was limited to ambivalent polit­ical sup­port and consti­tu­tional challenge, de­scribed in Chapter 3. The KPK also drew protest from reformists for not targeting ‘big fish’ – power­ful polit­ical players whose corruption involved massive losses to the state. In the second period, 2008–2009, under the chairpersonship of Antasari Azhar, an emboldened KPK began pursuing higher-­level polit­ically power­ful figures, including serving and former min­is­ters and national parlia­ment­arians.

It also needed to select its own cases. The pri­mary function of the KPK could not be merely to co­ordinate existing law enforcement. Powers to re­com­mend investigation and pro­secu­tion would not suffice. Most im­port­antly, the KPK needed to be able to investigate and pro­sec­ ute its own cases. A truly inde­pend­ent judicial body was required to adju­dic­ate the cases the KPK brought. Ordinary police, pro­secu­tors and courts needed to be excluded from participating in corruption cases – or at least the cases that the KPK decided to pursue.

And, once the KPK begins investigating or prosecuting a corruption case, police and pro­secu­tors automatically lose jurisdiction. The KPK can, how­ever, hand over the case to ordinary police or pro­secu­tors. If this happens, the police or pro­secu­tors must ‘report investigation de­velopments’ to, and ‘con­tinu­ally co­ordinate’ with, the KPK. Further, ordinary police and pro­secu­tors who begin investigating corruption cases that the KPK has not yet investigated must report their investigations to the KPK within 14 days of commencing them.

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Corruption and Law in Indonesia by Simon Butt

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