By Simon Butt
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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Extra resources for Corruption and Law in Indonesia
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.
Corruption and Law in Indonesia by Simon Butt