Corrupt Activities Research Articles

선출직 지방공직자에 대한 이해충돌방지법제의 개선

The issue of conflict between transparency and fairness and administrative efficiency and expertise has been also continuously raised in France. As part of an important recent reform, on the recommendation of the French High Commission for Public Transparency, the scope of Article 432-12 of Criminal law on obtaining illicit profits has been extended. The scope of the crime of obtaining benefits due to conflict of interest was confretely defined. In adition, through the adoption of the “3DS Act” in February 2022, standards for the discipline of conflict of interest situations were introduced. Before 3DS Act, many elected officials excluded themselves from such work due to the concerns that the legal framework would put them in a dangerous situation where they would be mistaken for corruption when performing official duties in external organizations. The law confirms the reform's commitment to address the situation of local elected officials on transparency issues related to the modification of the crime of obtaining unlawful gains as defined in the law of December 22, 2021. One of the most important backgrounds for the enactment of Korean Conflict of Interest Prevention Act was the need to effectively manage conflicts of interest, especially for elected officials. There has been continued criticism of the need for effective sanctions against corruption activities by mmber of the Ntional Assembly and heads of local governments, in particular, compliance with the principles of disclosure and transparency regarding secretive local administration that receives less media attention and coverage over a relatively wide. Cases such as when the head of a public institution orders a construction project to his spouse, or when a high-ranking public official instructs the public institution to which he or she belongs to provide preferential treatment for his children, does not result in the direct benefit of the public official, but it does not accrue to his or her relatives or society. This is something that can definitely be influenced by indirect influence in relationships. In particular, in the case of elected officials, it is easy to be tempted to defend the interests of an organization or group in order to receive votes for re-election after their term of office. A comparative legal review of the French system provides useful implications for improving this legal system.

Corruption in the Pharmaceutical Sector Diagnosing the Challenges

Corruption inside the pharmaceutical industry is a pervasive and complicated problem that poses giant challenges to healthcare structures, public welfare, and ethical requirements. This abstract delves into the prognosis of the challenges posed by corruption in the pharmaceutical industry. The pharmaceutical sector performs a vital function in promoting international fitness by growing, generating, and distributing life-saving medicines. However, the arena is plagued by various kinds of corruption, such as bribery, fraud, kickbacks, and undue influence on regulatory procedures. This corruption leads to distorted priorities, compromised drug satisfaction, decreased access to important drug treatments, and expanded healthcare costs. One challenge is the complex web of relationships among pharmaceutical corporations, healthcare professionals, and regulatory governments. These relationships, while regularly critical for understanding trade and innovation, may be exploited for corrupt practices that prioritize income over patient well-being. Furthermore, inadequate regulation and susceptible enforcement mechanisms create an environment where corrupt activities can flourish

Legal Considerations Judex Factie Acquittal and Guilty Judgments by Judex Juris

The corruption case involving the former North Konawe regent, Aswad Sulaiman, was acquitted by the Kendari Corruption Court in 2017, according to decision Number 56/Pid.Sus-TPK/2016/PN.Kdi. While the Supreme Court Cassation decision number 1964 K/PID.SUS/2017 decided that Defendant Aswad Sulaiman was proven legally and convincingly guilty of committing a crime by jointly committing an ongoing criminal act of corruption, imposing a prison sentence of 6 years and an IDR 200 million fine. If not paid, it will be replaced with imprisonment for 6 months, punished for producing a compensation of IDR 3,310,639,545 (three billion three hundred ten million six hundred thirty-nine thousand five hundred and forty-five rupiah). This study focuses on the legal ratio of the panel of judges in imposing an acquittal in the corruption case Number 56/Pid.Sus-TPK/2016/PN.Kdi and decision number 1964 K/PID.SUS/2017. This study used normative legal research with a statutory approach and a case approach, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which was last amended by Law Number 20 of 2001. The results are that the recovery of state financial losses must be investigated as the starting point that the defendant has committed corruption by not releasing him from criminal responsibility but only as a basis for mitigating considerations for the defendant. The judges deciding this case have at least gone through 3 stages: constating, qualifying, and constituting.

Do Acts of Corruption Committed by Officials in Charge of Municipal Financial Management Reduce Local Public Revenue? A Case Study From Cameroon

This article analyses the effect of acts of corruption committed by officials in charge of the financial management of municipalities on the mobilization of local public revenue in Cameroon. From a sample of 213 communes out of the 360 in Cameroon, we specify and estimate a panel data model using the Generalized Least Squares (GLS) method over the period 2010–2020. Our results show that corruption measured by convictions of officials in charge of the financial management of municipalities by the financial jurisdiction of accounts in Cameroon reduces local public revenue. Our results identify tax compliance captured through access to education, health and average per capita income as the main transmission channels. The study calls for the intensification of controls on the financial management of municipalities and the strengthening of sanctions imposed on public officials who have been convicted of financial embezzlement.

Menakar Urgensi Kriminalisasi Kepemilikan Harta Tidak Wajar melalui Kebijakan Legislasi dalam Upaya Pemberantasan Tindak Pidana Korupsi di Indonesia

Ownership of inappropriate assets by public officials or named illicit enrichment is still a hot issue. Indonesia itself has a wealth reporting instrument for public officials called the State Officials’ Wealth Report (LHKPN) as a means of controlling and supervising the wealth of public officials. In practice, many public officials have unappropriate assets and are suspected to have been obtained illegally, but these assets cannot be taken by the state because they have not been or have been proven to be the proceeds of criminal act. Thus, this research aims to examine the potential for resolving this problem by criminalizing the ownership of improper assets by public officials, which aims to minimize the incidence of state financial losses. Based on the results of the research, it shows that there are at least two alternative ways, namely (a) making the illegal ownership of public officials whose legality is not proven to be one of the criminal offenses of corruption through the revision of the Corruption Law; or (b) formulate and ratify provisions related to illicit enrichment in the Asset Confiscation Bill. The criminalization of illicit enrichment is a form of implementation of the provisions of Article 20 of the United Nations Convention Against Corruption (UNCAC) as ratified by Indonesia with Law Number 7 of 2006 with the aim of preventing corrupt actions by public officials. This research uses a normative research method with a regulatory-legislative approach and a conceptual approach, the results of which are presented in prescriptive form.

Law Enforcement Against Criminal Acts of Corruption in The Form of Abuse of Authority in Office Based on The Law on Eradication of Corruption Crimes

The concept of abuse of authority in the Government Administration law is seen by several legal experts as the same as the concept of abuse of authority because it is the absolute competence of the Administrative Court in the Corruption Eradication law. The research method used is Case Study Decision Number Case Study Decision Number 218 PK/PID.SUS/2019 and Decision Number 143 PK/PID.SUS/2019, where both decision cases involve criminal acts of corruption in the form of abuse of authority in office. Based on Law no. 31 of 1999 Jo Law no. 20 of 2021 concerning the Eradication of Corruption Crimes. The conclusion is that the application of sanctions against criminal acts of corruption in Decision Number 218 PK/Pid.Sus/2019 and Decision Number 143PK/Pid.Sus/2019, the panel of judges imposed imprisonment/imprisonment and fines, the imposition of fines as an implementation of the balance value can be applied as long as In certain circumstances, the perpetrator of a criminal act of corruption is not a recidivist, then as a balanced punishment, apart from imposing a fine, assets can also be confiscated, this is so that the imposition of the fine can be used as a lesson or legal perspective for the wider community, rather than just being sentenced to imprisonment/ prisons are indeed less effective, because in the implementation of confinement/imprisonment sentences there are still leniencies which do not actually have a deterrent effect on perpetrators of criminal acts.

부패방지법의 입법체계 정비방안

The Criminal Law, the Unfair Solicitation Prohibition Act, the Conflict of Interest Prevention Act, the Public Officials Ethics Act, and the Public Officials Report Protection Act have been enacted and implemented in Korea to eradicate corruption according to the type of corruption, the degree of corruption, and the change of the times. After the enactment of the Unfair Solicitation Prohibition Act and the Conflict of Interest Prevention Act, Korea ranked 31st in 2022. Since the Public Officials Ethics Act contains a number of contents to be regulated in the Conflict of Interest Act, it is necessary to regulate it in the Conflict of Interest Act, but it is necessary to reasonably improve the Public Officials Ethics Act. In addition, although it was originally intended to enact the Unfair Solicitation and Conflict of Interest Prevention Act, the anti-corruption system is operated under the division of law, so the efficiency and effectiveness of corruption prevention need to be reorganized into an integrated law. On December 4, 1998, and December 2, 1999, the Framework Act on Anti-Corruption was proposed to the National Assembly twice to prevent and eliminate fundamental corruption, but the Framework Act on the Prevention of Corruption was withdrawn or automatically discarded due to the expiration of the National Assembly due to differences in positions between the ruling and opposition lawmakers. In 2001, the Corruption Prevention Act, a general corporation of the Public Officials Act, was enacted to establish a clean social climate by efficiently regulating corruption prevention and corruption activities. After examining the main contents of Korea's anti-corruption legislation, including the Constitution, and related anti-corruption laws, it is necessary to consider the implications of the anti-corruption legal system by referring to legislative examples in the UK, the US, and France. Korea's anti-corruption system under the Corruption Prevention Act is centered around public organizations and public officials, but it does not regulate corruption prevention and corrupt practices for companies, making it impossible to break the chain of corruption. There is a need to strengthen democracy, the rule of law and national competitiveness by enacting the Basic Anti-Corruption Act and introducing an anti-corruption system not only for public officials but also for companies above a certain size (mid-sized companies and large corporations). Therefore, the relationship with other laws, the anti-corruption responsibilities of the state, local governments, public organizations, companies, and citizens, basic anti-corruption principles, anti-corruption policies, comprehensive anti-corruption plan and implementation plan, corruption risk assessment system, and civil rights. It would be desirable to regulate the committee's compulsory investigation rights, city/provincial anti-corruption committees, public organization anti-corruption committees, establishment of anti-corruption offices, internal audits and public audit request systems, and penalties, etc., in the Framework Act on Corruption Prevention.

Legal Review of Corruption Crimes in Covid 19 Social Assistance Funds

Weak law enforcement in Indonesia has caused crimes such as corruption of social assistance funds among state officials to increase. Law enforcement is defined as the process of enforcing the norms that apply in Indonesia. Law enforcement is not a fundamental problem, not only because of the complexity of the legal system, the interaction between the legal system and the social, political and economic systems can also be a problem. Corruption has been classified as an extraordinary crime, because it is a criminal offense that has harmed state finances and economic potential. The imposition of criminal penalties or sanctions for perpetrators of criminal acts of corruption has recently been quite less frightening, including in the case of corruption of covid 19 social assistance funds. The writing of this thesis aims to find out the law enforcement against the criminal act of corruption of the covid 19 social assistance fund and the sanctions imposed on the perpetrators of corruption. Sources of legal materials consist of primary materials and secondary materials. The technique of collecting legal materials and data by quoting from data in loose-leaf notes by recording the author's name, book title, publisher's name, year of publication, and page number quoted. Law enforcement against corruption in criminal case decision Number 29/Pid.Sus-TPK/2021/PN Jkt Pst is in accordance with legal norms.

NATIONAL ECONOMIC RESILIENCE VULNERABILITY IN ACEH DURING SPECIAL AUTONOMY

Purpose: This study aims to analyze the vulnerability and resilience of the national economy in Aceh Province during the Special Autonomy period. Factors affecting Aceh's economic vulnerability will be carefully discussed in the context of the implementation of Special Autonomy. Theoretical Reference: This study investigates corruption practices in Aceh Province using the Fraud Triangle Theory perspective, which identifies three key factors that influence corrupt behavior: pressure, rationalization, and opportunity. The research reveals that Aceh, as an autonomous region, has complex dynamics of corruption. Method: Both internal and external pressures, including economic and political factors, drive corrupt actors to seek opportunities for personal gain. Furthermore, the rationalization of corrupt actors, such as economic dissatisfaction or loose ethical justifications, plays a crucial role in legitimizing their corrupt actions. External factors, primarily the opportunity, play a pivotal role in facilitating corruption practices in Aceh. The existence of the Aceh Special Autonomy Fund (DOKA) provides opportunities for corrupt practices, especially when strong oversight mechanisms are lacking. Results and Conclusion: This study highlights that the available opportunities influence individuals' choices in dealing with internal pressures and rationalizations, in line with the Fraud Triangle Theory. Therefore, corruption prevention and intervention efforts need to focus on reducing opportunities for individuals to engage in corrupt activities. Implication of Research: The research findings provide valuable insights into the factors influencing corruption in Aceh and serve as a basis for further efforts to mitigate corrupt practices in the region. During the Special Autonomy period, Aceh faced various economic challenges and threats, including vulnerability to changes in global economic conditions, dependence on certain economic sectors, and potential economic inequalities. These factors create economic vulnerabilities that need to be addressed. Orginality Value: This study will also discuss measures to strengthen Aceh's national economic resilience. Resilience-strengthening measures include economic diversification, human resource development, as well as increased cooperation between the government, private sector, and society. The results of this study will provide valuable insights into efforts to improve Aceh's national economic resilience during the Special Autonomy period. This information can be used as a basis for more effective and sustainable policy planning in improving Aceh's economic conditions.

Unmasking company liability for corruption by associated persons

PurposeThe Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons’ involvement in these cases that eventually led to company liability.Design/methodology/approachThe study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act.FindingsThe study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture.Originality/valueThis study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act.

Community Perceptions of Countries in The World Towards Corruption and Its Handling in Indonesia in The Last Five Years (2017-2022)

The Corruption phenomena in the World is important to analyze because corruption has decreased on quality of public services and economic productivity. This research aims to determine and analyze the level of corruption in the form of bribery and gratification in Indonesia from a world perspective involving 169 countries (76,350 respondents) during five years from 2017 until 2022. Analysis in this study using statistical tabulation methods has shown that the results of Corruption Perceptions explain that 87.8% of corruption (both high and medium level corruption) and 12.62% low level and no corruption) with domination actors of corruption are businessmen 94,76%, second of sequel is central governments at 94,51% respondents and the third of sequel is local government at 93,74% The risk of corruption in the form of law action that has a deterrent effect on corruption in Indonesia is still very weak, this is stated by 24.07% of respondents. Therefore, to reduce corruption, it is necessary to eliminate the culture of tribute to government officials, then in terms of the government must increase the integrity of public services, accompanied by firmness and independence of law enforcement officials.

Fairer Sex or Fairer Analysis? Gender, Risk, and Corruption

AbstractScholars of the relationship between gender and corruption frequently assume that women are more risk averse than men in order to explain why women are less corrupt than men. Despite the popularity of this assumption, existing scholarship on gender and corruption lacks rigorous, large‑N testing of the relationship between risk, gender, and corruption. We reviewed the economics literature around risk and gender and the literature in political science on risk, gender, and corruption to derive hypotheses. Using the World Values Survey (49 countries), we analysed the relationship between risk, gender, and bribery (generalised linear mixed model). Unsurprisingly, respondents who perceive higher risks of being held accountable for corrupt actions engage in less corruption than respondents who perceive low risks. Yet this relationship is rather weak. Surprisingly, we found no significant gender difference for perceived risk of being held accountable for corruption, nor did we find gendered differences for the relationship between risk and corruption.

A theory of symbiotic corruption

Symbiotic corruption occurs when senior officials employ the symbiotic relationship with junior officials in corrupt activities, to induce them to participate in the political contest for power and political rents. This paper develops a formal theoretical model to analyze the mechanics and consequences of symbiotic corruption prevailing in weakly institutionalized societies. We find that in the presence of symbiotic corruption, political contests tend to arise when the initial distribution of political rents between rival factions is disproportional to their de facto political power. Anti-corruption by increasing the effective penalty or enhancing monitoring of corruption works differently, but both are surprisingly ineffective in a society plagued by symbiotic corruption. In an unbalanced political system, where the initial distribution of political rents is relatively disproportional, an increase in the effective penalty induces rival factions to reach a tacit collusion to maintain peace and leads to universal symbiotic corruption; a rise in monitoring efficiency decreases total corruption but inevitably increases symbiotic corruption. In a balanced political system, universal corruption always emerges, and anti-corruption only affects the transformation between symbiotic and individual corruptions. This study not only sheds light on the (in)effectiveness of conventional anticorruption measures in the presence of symbiotic corruption, but also provides a new perspective on the link between bureaucratic hierarchies, national-level power dynamics, and corruption.

Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.

Kajian Yuridis Tindak Pidana Gratifikasi Oleh Pejabat Negara

Corruption is a special criminal act that is regulated outside the Criminal Code (KUHP). Especially because this issue is regulated separately outside the Criminal Code (Criminal Code). Because in accordance with Article 103 of the Criminal Code, it is emphasized that: "The provisions in Chapters II to Chapter VIII of this book also apply to acts which by other statutory provisions are threatened with criminal penalties, unless otherwise provided by law." The criminal act of corruption is categorized as an extraordinary crime that requires extraordinary measures, therefore the participation of various components from both the government and society is very necessary. The conventional methods that have been used have proven to be unable to solve the problem of corruption in society, so handling it must also use extraordinary methods

Confidential Property of Corruption Convictions According to Law Number 20 of 2001 Concerning the Eradication of Criminal Acts of Corruption

The article entitled Confiscation of Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes with a problem formulation and research objectives: How to Confiscate the Assets of Corruption Convicts According to Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Produce conclusions: In practice, the execution of decisions is often difficult for prosecutors to confiscate the assets of corruption convicts and the payment of replacement money as intended in the Anti-Corruption Eradication Law, so that there are often arrears in payments in efforts to recover State losses. One reason is that the court decisions are not detailed. The Supreme Court (MA) in many decisions only stated "imposing compensation in the amount of..." without including the duration (term) of subsidiary imprisonment as a way to force the defendant to return the money to the State.

Concept of Additional Criminal Replacement Money in the Crime of Corruption under Law No. 20 of 2001 Concerning Eradication Criminal Acts of Corruption

The research article entitled The Criminal Concept of Additional Compensation Money in Corruption Crimes Based on Law no. 20 of 2001 concerning the Eradication of Corruption Crimes with the formulation of the problem and research objectives: What is the concept of additional criminal charges for replacement money in criminal acts of corruption based on Law Number 20 of 2001 concerning the Eradication of Corruption Crimes. The approach method used is normative juridical research, and uses a statutory approach and a conceptual approach. Resulting in the following findings/conclusions. The Prosecutor's failure to execute the compensation money in criminal acts of corruption is not optimal, basically it is not something that is desired or intentional, but there are juridical obstacles to the court's decision. The juridical obstacle referred to is the lack of clarity regarding when the execution of a court decision that has permanent legal force is carried out, including Article 270 of the Criminal Procedure Code which states that the execution of a court decision that has permanent legal force is carried out by the prosecutor, after the clerk sends a copy of the decision letter to him, the provisions This requires that the execution can only be carried out and carried out by the prosecutor, after the clerk sends him a copy of the decision letter, so that the defendant refuses to be executed based on a quote from the final decision, in addition to the court decision not providing a legal basis for what the defendant's belongings have been confiscated.

Policies of Regional State Officials in Managing Non-Natural Disasters Covid 19 Based on Indonesian Regulations Relating to Criminal Acts of Corruption

The Indonesian government has the goal of protecting the entire Indonesian nation during the Covid-19. Regional governments, especially state officials in the regions, make policies to save people in the regions by using existing budgets within the regional government. In Law Number 2 of 2020, the policy is that the regional government allocates funds for dealing with Covid-19. The regional government’s policy, which is essentially to save society in the midst of the Covid-19 pandemic, is not in line with society’s expectations. The public considers that the policies issued by the Regional Government are not on target, so many people think that these policies are projects from the government that take advantage of the non-natural disaster COVID-19. State officials in the regions sometimes interpret discretion in government affairs, especially in handling. The non-natural disaster COVID-19 has implications for abuse of authority and arbitrariness, as well as exceeding authority in carrying out government duties. Problems that occur in the regions relate to policy aspects used by state officials in the regions in handling the non-natural disaster Covid-19 which gives rise to criminal acts of corruption.

Проблемы латентного соучастия в коррупционном преступлении

The article reveals the main reasons for the regulatory, administrative, legal and managerial nature, which negatively affect the existing level of anti-corruption security in the Russian Federation. On the basis of which involvement and complicity in corruption activities, as well as an increase in its latency, is growing. These reasons have a negative impact on the activities of the law enforcement officer, which manifests itself in the absence of the ability to effectively resist all existing forms of corruption.

Reward Expectancy and External Whistleblowing: Testing the Moderating Roles of Public Service Motivation, Seriousness of Wrongdoing, and Whistleblower Protection

Previous research has provided valuable insights into the role of rewards in motivating whistleblowing, but there are still unanswered questions regarding the conditions under which whistleblower rewards can encourage or discourage individuals from whistleblowing. This study focuses on the disclosure of grand corruption activities and employs an expectancy theory framework to investigate the relationship between reward expectancy and external whistleblowing intentions. In so doing, this study examines whether this relationship is contingent upon the influence of three relevant factors, namely, public service motivation (PSM), seriousness of wrongdoing, and whistleblower protection. Survey data were gathered from 2,710 employees in 38 government agencies in Thailand. The findings generally support the hypotheses. Specifically, the results provide evidence against the motivation crowding out effect, while highlighting the importance of situational factors in enhancing the influence of whistleblower rewards. These findings offer practical implications for how whistleblower reward systems can be designed and leveraged to enhance the motivation of potential whistleblowers.