Allegations Of Corruption Research Articles

THE EFFECT OF FEE AND MOTIVATION ON CORRUPTION ERADICATION USING KPK PERFORMANCE AS THE INTERVENING VARIABLE

This research aims to find out the effect of fee and motivation on the eradication of corruption. Rewarding or giving fees has been set in Government Regulation Number 43 of 2018 concerning procedures for involving community participation and awarding in the prevention and eradication of criminal acts of corruption. Based on the Government Regulation No. 43 of 2018, those who provide information to law enforcers regarding allegations of corruption will get awards in the form of charter and premiums, or also called fees/rewards, ranging up to a maximum of IDR 200 million. In addition, certain motivation will also influence community to play a role in eradicating corruption.This research uses qualitative data or primary data obtained through questionnaires distributed to the public, economic observers, and practitioners. Data testing is done using Data Path analysis with Smart PLS. The number of valid and reliable sample data to be analyzed is as many as 40 samples. The results of this research show that fees/rewards have a positive and significant effect on corruption eradication. Motivation has a negative and not significant effect on corruption eradication. The variable of fees/rewards has a positive effect on corruption eradication mediated by the KPK performance. Motivation has a negative effect on corruption eradication mediated by the KPK performance. In this digital era,with super-sophisticated technology, the millennia generation has a very critical mindset in assessing the performance of the KPK. The Corruption Eradication Commission (Indonesia: Komisi Pemberantsan Korupsi/KPK), however, can provide confidence to the public that the community participation will make it easy for the KPK to carry out its work.

APUNCAC and the International Anti-Corruption Court (IACC)

The draft Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) seeks to implement aggressive measures to fight corruption and impunity, including United Nations inspectors who would conduct independent investigations into allegations of corruption and hand cases to dedicated domestic anticorruption courts. APUNCAC is designed to be a free-standing proposal. However, it could be combined with Judge Mark Wolf’s proposal for an International Anti-Corruption Court (IACC). An advantage of combining IACC + APUNCAC is that the combination defuses the key arguments against the IACC. This article reviews evidence suggesting that leaders of nations that currently experience endemic corruption might find it politically expedient to adopt the proposed reforms. The article discusses the advantages of combining IACC + APUNCAC. The combination would establish an independent corps of elite investigators, endow them with strong powers to conduct independent investigations, and enable them to refer cases to dedicated anticorruption courts staffed by judges vetted by the United Nations Commission on Crime Prevention and Criminal Justice. APUNCAC establishes mechanisms to ensure accountability of judges serving dedicated anticorruption courts. By addressing the key arguments against the IACC, the proposal to combine IACC + APUNCAC may enable broad public support in nations that would require public support in order to secure ratification.

Suspicion and expertise: following the money in an offshore investigation

AbstractThis article explores the relation between suspicion and expertise in the context of activist investigations of offshore corruption. I reconstruct one investigation of alleged corruption in the Azerbaijani oil sector, conducted by a British organization called Global Witness, to explore how suspicion is learned and practised in the face of impenetrable offshore secrecy. For these detectives of global capital, suspicion is both a tool for arriving at an understanding of offshore corporate networks and an orientation that helps them overcome the limits of this understanding, allowing them to make political claims that go beyond what is strictly afforded by evidence and libel law. Extending recent anthropological scholarship that revises the disciplinary emphasis on truth and certainty as the mainstays of expert knowledge, I argue that investigative expertise provides imprecise and suspicious understandings of its objects that are useful despite, or even because of, the ambivalence and suspicion it entails.

Editorial

Days after the European Union resolved a dispute with Poland and Hungary over a rule of law mechanism that threatened to halt the bloc’s €1.8tn budget and coronavirus recovery fund, the clash between the two sides is widening. Both countries saw opinions go against them in the EU’s top court yesterday. What began as a confrontation over democracy and the law, moreover, is fast becoming a culture war. . . . Despite having a liberal-minded urban youth, Poland and Hungary remain, overall, more socially conservative than many western European societies. For both ruling parties, appeals to family values are popular with their rural, older voter base. But evocations of traditional values also create a narrative that obscures the true nature of the showdown with Brussels and western EU members. This is over democracy and rule of law: judicial reforms, restrictions on media and erosions of checks and balances that help PiS and Fidesz to entrench themselves in power. Instead, the two parties can claim to be fighting back against alleged EU attempts to impose “alien” liberal values on unwilling societies. —Financial Times, 17 December 2020Over the past decade, the Hungarian leader has boasted of creating an “illiberal democracy” and has faced allegations of cronyism and corruption. Poland’s ruling Law and Justice (PiS) party has only been in power for five years but has also mounted an assault on judicial independence and rule of law in that time. —The Guardian, 9 December 2020Bearing this division over central values in mind, this special issue steps toward an exploration of the contested region that is Central and Eastern Europe (CEE), shedding light on some of the ongoing complex societal developments that make it noteworthy.

Dismantling the Safe Harbour: Solving the Evidentiary Problems in Corruption Allegations in Investor-State Arbitration

By investigating the 32 investor-state arbitration cases where corruption was an issue, this paper illustrates the evidentiary problems in proving corruption in investor-state arbitration. These evidentiary challenges have led investor-state arbitration to become a safe harbour that countenances investments procured by corrupt conduct. To dismantle this safe harbour, the paper raises three evidentiary propositions, which hopefully, can assist future tribunals in assessing corruption allegations in a more principled manner. This paper was submitted to the Young Institute for Transnational Arbitration (ITA) Writing Competition in 2019, and was selected as one of the top three runner-up papers.

Partisanship, Impeachment, and the Democratic Primaries: American Political Discourse, January - February 2020

Partisanship, Impeachment, and the Democratic Primaries: American Political Discourse, January - February 2020

Structural Susceptibility to Corruption in FIFA: a Social Network Analysis

ABSTRACT Voting and decision making in FIFA was in 2011 shifted from the executive committee to the FIFA congress with the aim to reduce risk of corrupt vote mobilisation in these elections. A key rationale behind this decision was that it would not be financially feasible to bribe a majority of the congress. However, the network structure with asymmetries of influence can still be susceptible to corruption. The aim of this study is therefore to analyse the potential susceptibility of the organisation structure to a grand vote-rigging corruption scheme of FIFA World Cup host elections by means of a social network analysis approach. Based on a theoretical notion of vote mobilisation and inter-organisational networks, the organisational structure is evaluated to identify potential susceptibility to corruption. Two possible regimes were analysed, the centrally controlled and horizontally controlled, based on structural cohesion, embeddedness, network centralisation and correlation between actor centrality distributions. Findings do not suggest a susceptibility to a centrally controlled, but to a horizontally controlled vote-rigging corruption scheme. After the social network analysis was conducted, the holders of five out of eleven of the identified vulnerable positions in the network have been charged with allegations of corruption. This is a strong indicator of the validity of the method to assess the structural susceptibility to corruption.

Asian football: how corruption disrupted marketing value in the game’s largest fan market

Theoretical basis This case is focused on the allegations of corrupt practices within the strategic leadership at the board level of an international sports organization – the Asian Football Confederation (AFC). The theoretical premise is that the practices and decisions of the AFC’s leadership will have a profound impact on the AFC’s performance. However, because the AFC is the continental governing body, the impact is theorized to be far larger, across an entire industry. In writing the case, the authors were guided by upper Echelons theory (UET) (Hambrick and Mason, 1984; Hambrick, 2007; Hambrick et al., 2015), which argues that an organization’s strategic direction is directly influenced by its leader’s values. The authors selected UET for the theoretical framework, as it considered a spectrum of factors from industry, leader characters (values), their choices and the results of their actions. Such a comprehensive theory aligned with the complexities of the AFC and its leadership. In constructing the case roadmap using UET, the authors first adopted an ethnographic methodology. This was motivated by the fact that one of the authors had been embedded for many years as part of the leadership team at the AFC. His career work notes based on direct interactions and observations of these leaders helped in two ways: to identify the complex set of personal characteristics of these leaders (i.e. background, their careers outside football and financial standing) as they originated from 47 different nationalities. UET refers to these as observable factors to better theorize the hidden intentions of their alleged corrupt behaviors. UET identifies this second set of non-observable factors as psychological factors. These two different sets of observations combined helped to theorize their drivers, intentions and strategic decisions (options). For the second methodology, the authors accessed archival, publicly available media news and reports to understand the consequences of their actions to the AFC and the Asian football industry. This completed the final parts of the UET framework (Yamak et al., 2014). Research methodology This case relied on information that was widely reported within international media, press announcements by various organizations, published decisions by tribunals and publicly available information on the AFC. All of the names and positions in this case are actual persons. Case overview/synopsis This case focuses on the role and influence of the AFC as the Asian football governing body. The AFC is a member of the world football governing body – FIFA. With a US$1bn budget, the AFC has a strong impact on the future of football among Asia’s three billion people. Unfortunately, the AFC has been unable to create the value in its sports events or properties that attracts fans and investors. Central to this problem is the issue of corruption and corruption allegations within the AFC, especially with regard to its leadership. This case, therefore, attempts to highlight the various issues, discusses the circumstances around these challenges and brings forth the complexities of leading a truly international organization across 47 countries. Such factors are then tied to the value of the organization’s products or services in the marketplace. Complexity academic level The case is written and designed for a graduate level (MBA) class or an upper level undergraduate class such as corporate strategy, leadership, international management, international marketing, contemporary issues in management, cross-cultural management, sports management and sports marketing. In general, the case will also be a good fit for courses that discuss leadership, organizational strategy, organizational structure, organizational ethics and organizational behavior.

Are We There Yet? Preemptory Issues of Arbitrability and Jurisdiction in Contracts Tainted by Corruption Allegations

With a steady growth of International business transactions, corruption has intensified across all sectors of economic activity. Some of the effects of this tectonic shift has also been felt in Arbitration forums, cutting across all forms, even though the methodology of truce remains contentious. One of the primary investigations in this scholarship is to come out with answers to the burgeoning question of ‘how to deal with corruption’ in the field of Arbitration law. For years since the ICC Case of 1963, corruption allegations have thrown some confusing propositions before the arbitral tribunals across the globe, lending a parallel and divided jurisprudence on the matters where contracts tainted by corruption are argued. This has in turn caused a fetch shift transformation in how these allegations are investigated and what consequences they may cast on the resulting awards across forms of arbitration. The present article tries to paint a wholesome picture of the peremptory issues of ratione materie jurisdiction, arbitrability and to some extent, even admissibility in the light of corruption ridden contractual claims. Firstly, a comparison is drawn with arbitral forums dealing with investment treaty based issues and contractual matters involving private parties. Secondly, an inquiry is led into the arbitrability of contracts, where corruption allegations are raised. Thirdly, an examination is conducted on the modern arbitral confusion around the powers of the arbitral tribunals in terms of evidentiary procedure, investigative powers and jurisdictional authority. Finally, a discussion is conducted on the consequences that flow from the finding of corruption in contracts. While, these answers may not get a unanimous response in terms of their viability, they nonetheless initiates an expedition into the larger point of deflection, ‘Are We There Yet’.

Penyalahgunaan Wewenang dalam Tindak Pidana Korupsi Setelah Berlakunya UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan

This research was conducted to find out how the concept of abuse of authority in criminal acts of corruption after the enactment of Law Number 30 of 2014 concerning Government Administration; and How was law enforcement in handling criminal acts of corruption after the enactment of the Law Number 30 of 2014. This research was a normative legal research. The approach used in this research was the statutory approach, the conceptual approach, and the comparative approach. From the results of the study it could be concluded that the concept of abuse of authority in criminal acts of corruption after the entry into force of Law Number 30 of 2024 concerning Government Administration was the Abuse of authority in accordance with Article 17 of Law No. 30 of 2014. Law No. 30 of 2014 focused on preventing abuse of authority. Aspects of criminal acts of corruption were first proven based on administrative law. In the process of law enforcement, if there was indeed an abuse of authority, then it became the basis by law enforcement officials to investigate or investigate allegations of corruption against the abusers of authority, whereas if in testing the abuse of authority by the State Administrative Court, the evidence was not proven, of course these actions could not be used as a basis for conducting investigations.

Perceptions and opinion of the medical students about the National Medical Commission Act: a cross sectional study from a medical college in North Kerala

Background: The National Medical Commission (NMC) Act, 2019 has come into force from August 2019 with the aim of addressing the shortcomings in the process of regulating medical colleges in the country and also in the wake of allegations of corruption against the 63-year-old Medical Council of India. However, it has been criticized for various reasons viz., it is over-centralized, it would lead to increased profiteering, corruption etc. In this context the present study was undertaken to find out the perceptions and opinion of the medical students about the NMC act.Methods: This was a cross-sectional study done at a Medical College, Wayanad District, between August-January 2019. All the undergraduate medical students of the college were the study subjects. Data was collected using a predesigned and pretested self-administered questionnaire. The subjects were asked to give response to questions pertaining to NMC on a Likert scale of 1 to 5. Completed responses were obtained from a total 655 students.Results: The subjects strongly agreed with the 6 limitations of the NMC (median score 1) and agreed with 9 (median score 2) out of the total 15 limitations. The number of subjects agreeing (agree and strongly agree) was highest [574 (88.3%)] for “NMC is over-centralized”.Conclusions: The subjects agreed (strongly agree+agree) to all the limitations of the NMC. There was no disagreement to any of the limitations.

Brazil's triple crisis

The COVID-19 pandemic, combined with problems in Brazil’s economy and political system, has exposed the vulnerabilities of President Jair Bolsonaro. Dissatisfaction with the president’s response to the pandemic, along with allegations of corruption, may have undercut his political future, though his support in some quarters, notably the military, remains strong.

Do Female Politicians Face Stronger Backlash for Corruption Allegations? Evidence from Survey-Experiments in Brazil and Mexico

The recent world-wide trend of female chief executives struggling to maintain public support while facing corruption allegations and scandals poses the question of whether female politicians face stronger backlash for corruption than their male counterparts. Even though corruption scandals and allegations are not exclusive to countries led by female incumbents, notable figures such as former Brazilian President Dilma Rousseff and former Chilean President Michele Bachelet seem to have experienced more dramatic drops in public support when targeted by corruption allegations in comparison to male incumbents from their region. This paper tests whether beliefs about women’s higher honesty and purity can lead voters to punish perceived transgressions by female politicians more harshly than when those are performed by men. Using survey-experiments conducted in Brazil and Mexico, the analyses find support for the gender-related backlash in Mexico and no evidence for it in Brazil. However, the backlash observed in Mexico is not larger among subjects holding views about women as less corrupt than men. Overall, the results suggest that the differential gender-related backlash against incumbents depends on individual and contextual-level factors.

The corruption of democracy: Corruption scandals, class alliances, and political authoritarianism in Brazil

This article examines the rise of authoritarian neoliberalism in Brazil. The study draws upon a review of the achievements and limitations of the federal administrations led by the Workers’ Party (PT, 2003–2016), and the political forces pushing for the overthrow of President Dilma Rousseff. In sequence, the article examines the economic drivers and the social composition of the right-wing forces massing against the PT, and their relationship with allegation of corruption. Finally, the article outlines the political process driving the election of President Jair Bolsonaro, in order to conclude that Brazilian democracy is disintegrating rapidly and, possibly, irreversibly.

Is Nigeria really fighting to win the anti-corruption war?

PurposeThe purpose of this paper is to evaluate the seeming paradox that underpins Nigeria’s war on corruption. This paradox centres on the undue interference of the presidency in the war against corruption. This interference has resulted in selective prosecutions and a deceleration in the tempo of the anti-corruption crusade.Design/methodology/approachThe study used an admixture of primary and secondary data to evaluate whether indeed Nigeria is fighting against corruption to win it. The primary data were derived from key informant interviews. A total of ten diverse experts were interviewed through the instrumentality of unstructured set of questions, which were administered to them with room for elaboration. The secondary data were sourced from archival materials.FindingsThe findings of the study centre on three key issues: a characteristic one-sidedness in the prosecution of alleged corruption offenders by the anti-graft agencies. Those with pending corruption cases who have decamped to the ruling All Progressives Congress have had their cases placed in abeyance. There is evidence of the politicisation of the war against corruption as well as evidence of weak institutionalisation, which robs the anti-corruption agencies of the capacity to act independently.Practical implicationsThe anti-corruption war may likely be derailed if the operational efficiency of the anti-graft agencies is not enhanced and their independence guaranteed.Social implicationsIf the anti-corruption crusade fails, it will have multiple negative domino effects on national development and quality of life of the Nigerian people.Originality/valueThe paper is original because no recent study has interrogated the declining efficiency of Nigeria’s anti-graft agencies or linked this declining efficiency on weak institutionalisation and interference from the presidency.

Anwar Ibrahim’s Struggle for the Real and Malaysian Politics in Transition

This paper is about Anwar Ibrahim and politics in Malaysia. Anwar Ibrahim was born in a village near Penang, Malaysia on August 10, 1947. His parents were a hospital medical assistant and a housewife who became engaged in local grassroots politics early on. Anwar became involved in politics in 1971 as a pro-Islam student leader, founding the Muslim Youth Movement of Malaysia. He remained its president until 1982.67 Although he was a leader of opposition groups – in fact he was jailed under the Internal Security Act for two years for organizing mass demonstrations in 1974 – Anwar accepted an invitation in 1982 to join the ruling United Malays National Organization (UMNO). Rising quickly through the ranks of the party, he served in succession as the Minister of Culture, Youth, and Sports in 1983, of Agriculture in 1984, of Education from 1986-91, and was appointed Minister of Finance from 1991-98. In 1993, Anwar also became Deputy Prime Minister for Prime Minister Mahathir.68 He served as Deputy Prime Minister until 1998, when he was dismissed, on the pre-text of corruption and sodomy allegations, because of major disagreements with Mahathir about the political and economic direction of Malaysia’s future.

Steekpenning of welkomstgeschenk? De strijd voor eerherstel van Gerrit Burchard en Adolf Hendrik van Rechteren

Informal rules determined the playing field of the early modern administrator. In the ‘harmonious society’, maintaining peace and concord in the urban community was the most important task of every administrator. In the event of discord, charges of governing for self-interest – or corruption – always lurked around the corner. Governor Gerrit van Rechteren failed to maintain harmony in the city of Tournai. In exchange for their welcoming gifts, the city council and the tax farmers of Tournai expected the governor and the garrison to help them with the levying of city taxes and to prevent smuggling. Governor Van Rechteren did not manage to do this successfully, which meant that he eventually had to answer to the Council of State to allegations of corruption. Only after the discord in Tournai had resulted in a trial before the Council of State, did legal rules serve as a benchmark for the functioning of Gerrit van Rechteren.

PENGARUH TERPAAN MEDIA TERHADAP REPUTASI LEMBAGA PEMERINTAH

The purpose of this study was to determine the effect of media exposure on reporting cases of alleged corruption in the sale and purchase of positions on Television on the reputation of the Ministry of Religion in Cipadu residents, Tangerang. The theory used in this research is exposure to the media and reputation. This research uses a quantitative approach by distributing questionnaires to respondents with explanatory analysis. The results of the study explained that Ha who stated that there was an influence between the variables of media exposure regarding the reporting of alleged cases of corruption in buying and selling positions on Television on the reputation of the Ministry of Religion on Cipadu Tangerang residents was received. Ho also pointed out that there was no influence of the media exposure variable on reporting cases of alleged corruption in the sale and purchase of positions on the reputation of the Ministry of Religion in Cipadu residents, Tangerang rejected. The magnitude of the level of the effect coefficient interval lies in the low region, so it can be concluded that the media exposure to the reputation of the Ministry of Religion has a low influence.

Factors Influencing Glass Ceiling focus on Women Administration in Higher Education in Malaysia: A Critical

Malaysia as a country has grown quite a lot over the last two decades despite the political condition often troubled with allegations of corruption but speaking economically and in social context, it can be claimed that as a country, Malaysia has fared in a decent manner and it has been able to maintain stability which has helped to elevate the progress of the nation. The social structure of Malaysia is in such a manner where there is a broad distribution of multiple ethnicities and cultures that it has been able to maintain but in accordance to the latest Gender Development Index, as till 2017, Malaysia ranks 57th among the 189 countries (http://hdr.undp.org/en/composite/GDI) and is categorized as a country with “VERY HIGH HUMAN DEVELOPMENT”. The paper makes an attempt to analyze and evaluate the various factors that have direct and indirect implications in acting as factors to influence the presence of “glass ceiling” in the higher education sector with focus on women administration. The objective is to explore and identify the different reasons behind women having to struggle in a country that has such a commendable mark in the HDI where the ones leading are from generally characterized first world countries. The discussion would highlight ways as suggested and put forth by the respondents who have been exposed to “glass ceiling” in various aspects of their career from the different sources and their opinion as to how they were able to overcome and how the upcoming young generation, the women who are aspiring to join the workforce in the coming future can prepare themselves in a manner that would assist them to prepare themselves in ways that the effects and impacts of “glass ceiling” can be reduced and tackled. The role of the components from the society to have an active role in making the effects to be reduced is extremely crucial and has to be dealt with in a manner that can serve the society in the long run.

How sovereign is a populist? The nexus between populism and political economy of the AKP

ABSTRACT This article investigates the effects of populist discourse on leadership and state behavior at the international level. From 2002 to 2013, Turkey’s Justice and Development Party (AKP) gradually consolidated its power, largely by deploying populist discourses and actions. However, after the party faced a number of challenges, including the Gezi protests, corruption allegations, and a failed coup, its populist rhetoric did not only begin to weaken but also seems to have created a problem of path dependency, which limited the decision-making capability at the hands of its leadership. By comparing the 2001–2002 and 2018–2019 economic crises based on the most-likely case research design, we assert that the AKP’s discursive turn into anti-Western and anti-establishment politics pushed the party into a corner, making it less likely to collaborate with international organizations, such as the IMF and even private consulting companies despite the country’s high inflation rates and currency depreciation.