Corrupt Practices Investigation Bureau Research Articles

Perbandingan hukum perampasan aset hasil tindak pidana korupsi di Indonesia, Singapura Dan Hongkong

Corruption in law is a chronic issue with corrosive effects. In Indonesia, there institutions involved in handling criminal acts of corruption; the prosecutor`s Office, the Police, and the Corruption Eradication Commission (KPK). However, corruption cases in Indonesia continue to increase and fluctuate in their eradication efforts. The KPK is the main institution tasked with combating corruption in Indonesia, but it is perceived as not yet maximizing the seizure of assets resulting from corrupt activities. Singapore has a reputation for being stringent in combating corruption, boasting a powerful anti-corruption institution known as the Corrupt Practices Investigation Bureau (CPIB), which holds authority to investigate and prosecute corruption cases without political intervention. Hong Kong has an Independent Commission Against Corruption (ICAC) that has significantly succeeded in eradicating corruption. A comparative study of laws regarding the confiscation of assets resulting from acts of corruption in Indonesia, Singapore, and Hong Kong is needed to identify similarities, differences, and to analyze the similarities and differences in asset seizure resulting from corruption between the Indonesian Corruption Eradication Commission and the Corrupt Practices Investigation Bureau Singapore, and the Independent Commission Against Corruption Hong Kong

Pengembalian Aset Tindak Pidana Korupsi Berdasarkan United Nation Convention Against Corruption Di Kawasan ASEAN

The purpose of this study is to determine a model of international cooperation so that the assets recovery cross-border resulting from corruption in ASEAN can be more effective. Therefore, the questions in this study are: (1) how is the implementation of assets recovery cross-border as a result of corruption based on UNCAC in ASEAN including the obstacles faced and the success of assets recovery cross-border? (2) What is the solution for assets recovery cross-border resulting from corruption? This study using normative legal research methods with written studies using secondary data such as laws and regulations, legal theory, legal principles and scientific works of scholars (doctrine). The results of the study (1) The implementation of assets recovery cross-border resulting from Indonesian corruption in ASEAN was only successful for the first time in 2019 with a return of SGD 200,000 by the Corruption Eradication Commission (KPK) in collaboration with the Corrupt Practices Investigation Bureau (CPIB) Singapore. Obstacles in the implementation of assets recovery cross-border resulting from corruption: a. Structured abuse of power, b. the principle of sovereignty, c. national interest of a country and d. the Treaty on Mutual Legal Assistance in Criminal Matters (MLA ASEAN) as an international agreement is not sufficiently binding (soft law) and requires further processes such as ratification and adjustment to national criminal law. (2) Even though there is a legal umbrella for eradicating corruption related to the assets recovery cross-border resulting from corruption in the form of UNCAC and MLA ASEAN, in order to maximize the implementation of assets recovery cross-border in ASEAN, a special (bilateral) implementing agreement for assets recovery cross-border is needed in order to have more binding power. The implementation agreement is not enough, then it is also necessary to adjust and align the tools of Indonesian national law related to the asset recovery cross-border from corruption and the provision of appropriate authority for law enforcement.

Combating corruption in Singapore: a comparative analysis of two scandals

PurposeThe purpose of this paper is to compare two corruption scandals in Singapore to illustrate how its government has dealt with these scandals and to discuss the implications for its anti-corruption strategy.Design/methodology/approachThis paper analyses the Teh Cheang Wan and Edwin Yeo scandals by relying on published official and press reports.FindingsBoth scandals resulted in adverse consequences for the offenders. Teh committed suicide on 14 December 1986 before he could be prosecuted for his bribery offences. Yeo was found guilty of criminal breach of trust and forgery and sentenced to 10 years' imprisonment. The Commission of Inquiry found that the Corrupt Practices Investigation Bureau (CPIB) was thorough in its investigations which confirmed that only Teh and no other minister or public official were implicated in the bribery offences. The Independent Review Panel appointed by the Prime Minister's Office to review the CPIB's internal controls following Yeo's offences recommended improvements to strengthen the CPIB's financial procedures and audit system. Singapore has succeeded in minimising corruption because its government did not cover-up the scandals but punished the guilty offenders and introduced measures to prevent their recurrence.Originality/valueThis paper will be useful for scholars, policymakers and anti-corruption practitioners interested in Singapore's anti-corruption strategy and how its government handles corruption scandals.

Institutional Isomorphism of Anti-corruption Agency: The Case of Anti-corruption Commission in Bangladesh

Institutional isomorphism emerged in the 1960s and 1970s to show how institutions in different countries develop similarities through imitation. Countries such as Japan, Singapore, and Hong Kong gained massive success by copying successful initiatives from all over the world. Similarly, anti-corruption agencies such as the Singapore Corrupt Practices Investigation Bureau and the Hong Kong Independent Commission Against Corruption become global models for combating corruption. Donors such as World Bank, Asian Development Bank, suggest many developing countries create agencies like those to combat corruption. Bangladesh is one of the countries that chose those models and formed an anti-corruption commission (ACC) based on isomorphic pressure from international donors. The aim of this paper is to identify the problems of this isomorphic approach to combating corruption in Bangladesh through the ACC. Based on elite interviews with key informants and document analysis, this paper argues that despite the ACC is an excellent initiative, following the global isomorphism of the ACA model has proved somewhat frustrating. Findings suggest that the ineffectiveness of the ACC is mainly related to failures involving both structure and agency as well as problems within the ACC. Results indicate that these failures have created a ‘toothless tiger’ ACA in Bangladesh.

Singapore’s success in combating corruption: lessons for policy makers

PurposeThe purpose of this paper is to explain Singapore’s success in combating corruption and to identify the lessons for policy makers concerned with enhancing the anti-corruption measures in their countries.Design/methodology/approachThe paper provides a brief literature review and analysis of Singapore’s policy context before explaining Singapore’s success in combating corruption and identifying the lessons for policy makers to enhance the effectiveness of the anti-corruption measures in their countries.FindingsSingapore’s success in combating corruption can be attributed to the political will of the People’s Action Party government and the effectiveness of the Corrupt Practices Investigation Bureau in investigating all corruption cases and enforcing the anti-corruption laws impartially, without fear or favour. Extrapolating from Singapore’s success, policy makers in other countries can learn these lessons: the critical importance of political will; addressing the causes of corruption and learning from past mistakes; establishing and supporting an independent anti-corruption agency with adequate resources; enforcing the anti-corruption laws impartially but not selectively against the government’s political opponents; and combating corruption is a marathon requiring perseverance and sustained effort.Originality/valueScholars, policy makers and anti-corruption practitioners will be interested in learning how Singapore has succeeded in combating corruption as well as the relevant lessons for policy makers.

Learning from Singapore’s effective anti-corruption strategy

PurposeThe purpose of this paper is to explain why Singapore has succeeded in curbing corruption and to recommend three measures for enhancing South Korea’s anti-corruption strategy.Design/methodology/approachThe paper compares the contextual differences between Singapore and South Korea before analysing Singapore’s effective anti-corruption strategy and identifying the weaknesses of South Korea’s anti-corruption strategy.FindingsSingapore’s success in minimising corruption is the result of its government’s strong political will and the adequate budget, personnel and operational autonomy given to the Corrupt Practices Investigation Bureau to enable it to enforce the anti-corruption laws impartially. To improve South Korea’s anti-corruption strategy, the Korea Anti-Corruption Agency should be established and adequately staffed and funded to investigate corruption cases. Those found guilty of corruption offences should be punished according to the law, without suspending their jail sentences or being pardoned by the president. Finally, the existing public outreach anti-corruption programmes should be evaluated to identify their weaknesses and improve their effectiveness.Originality/valueThis paper recommends three measures for South Korean policy-makers to improve their anti-corruption strategy by learning from Singapore’s success.

Lee Kuan Yew’s enduring legacy of good governance in Singapore, 1959-2015

Purpose – Lee Kuan Yew, Singapore’s first prime minister, who governed the country from 1959 to 1990, passed away on 23 March 2015 at the age of 91. The purpose of this paper is to assess his legacy of good governance in Singapore. Design/methodology/approach – The changes in Singapore’s policy context during 1959-2014 are described first before analyzing Lee’s legacy of good governance in Singapore by examining his books and major speeches. Findings – Lee Kuan Yew’s commitment to meritocracy, empowerment of the Corrupt Practices Investigation Bureau to curb corruption effectively, reliance on competitive salaries to attract the “best and brightest” citizens to join the civil service, and maintenance of the rule of law, constitute his legacy of good governance in Singapore. Originality/value – This paper will be useful to policy-makers, scholars and readers who are interested in learning about Lee Kuan Yew’s contribution to good governance in Singapore.

Singapore’s Corrupt Practices Investigation Bureau

Purpose – The purpose of this paper is to make recommendations to address the four limitations of Singapore’s Corrupt Practices Investigation Bureau (CPIB). Design/methodology/approach – The paper begins by attributing Singapore’s reputation as the least corrupt Asian country to the CPIB’s four strengths: its independence from the police; its adequate staffing and funding; its adoption of the total approach to enforcement; and its impartial enforcement of the anti-corruption laws. It then proceeds to identify the CPIB’s limitations and provides four suggestions to address these limitations. Findings – The sentencing of Edwin Yeo, a senior CPIB officer, to ten years’ imprisonment on 20 February 2014 for misappropriating US$1.76 million for nearly four years reveals that there were weaknesses in the CPIB’s internal controls and procurement procedures in spite of its effectiveness in curbing corruption. This paper recommends that the CPIB addresses its four limitations by strengthening its internal controls and procurement procedures; enhancing public trust and confidence by further improving its outreach to the population; improving the external oversight of its activities; and developing its in-house research capabilities. Originality/value – This paper will be useful for those scholars, policy-makers, and anti-corruption practitioners who are interested in how the CPIB can further enhance its effectiveness even though Singapore is perceived as the least corrupt Asian country.

Evaluating the effectiveness of anti-corruption agencies in five Asian countries

Purpose – The purpose of this paper is threefold: first, to ascertain the levels of effectiveness of the anti-corruption agencies (ACAs) in China, Japan, Philippines, Singapore and Taiwan; second, to explain why some of these ACAs are more effective than others; and third, to suggest some policy recommendations for addressing their limitations. Design/methodology/approach – This paper relies on three well-known international indicators to assess the perceived extent of corruption in the five countries. Similarly, their quality of governance is assessed by their total percentile rank on the World Bank’s six governance indicators in 2013. Findings – Singapore’s Corrupt Practices Investigation Bureau is effective because of its government’s political will and favorable policy context. The Philippines and Taiwan rely on ineffective multiple ACAs, which are inadequately staffed and funded, and compete with each other for limited resources. China’s Central Commission for Discipline Inspection is ineffective because corrupt party members are disciplined and not prosecuted, and the political leaders use corruption as a weapon against their opponents. Japan’s weak political will is reflected in its reluctance to address its structural corruption. This paper concludes with policy recommendations for enhancing the effectiveness of the ACAs in the five countries. Originality/value – The comparative analysis of the effectiveness of the ACAs in the five Asian countries and the policy recommendations for addressing their limitations will be of interest to policy makers, scholars and anti-corruption practitioners.

Policy Analysis and Educational Strategy For Anti Corruption in Indonesia and Singapore

This study tries to analyze anti-corruption policies of the substantive law applicable in Indonesia and Singapore. Data was collected through documentation, interviews and observation. Theoretical framework used in this study follows Lawrence M. Friedman’s theory that divided the legal system into three elements, namely institutional law (legal structure), the substance law (legal substance) and culture law (legal culture). The research results indicate that: first, Indonesia and Singapore have legal basis and foundation prescribed in detailed rules, including the loading rules in forms of bribes and gratuities. Indonesia’s anti-corruption policies in force today is Act Number 31 of 1999 on Corruption Eradication, while the anti-corruption policy in Singapore is set up in the Prevention of Corruption Act (PCA). While the anti-corruption agency (legal structure) established by the Government of Indonesia and Singapore is not much different. The most proactive institution in fighting against corruption in Indonesia is the Corruption Eradication Commission (KPK), while the Corrupt Practices Investigation Bureau (CPIB) is the foremost institution in curbing corruption in Singapore. Second, the strategy implemented for anti-corruption education in Indonesia is preventive strategy, detective and repressive. Some forms of anti-corruption education undertaken by the Commission which includes anti-corruption activities are festivals, book library, anti-corruption portal, television channels and radio, public information services, and e-learning gratification information. Generally speaking, Singapore is applying three interrelated strategies, namely: the implementation of the PCA, the establishment of institutions CPIB and improving civil servants’ salaries. It is expected that the results of this study can contribute to the prevention and eradication of corruption in Indonesia more comprehensive, not only through legal means but education, including the internalization of moral values of anti-corruption.

Curbing police corruption in Singapore: lessons for other Asian countries

Purpose– The purpose of this paper is to explain why Singapore has succeeded in curbing the problem of police corruption and to identify the six lessons which other Asian countries can learn from Singapore's experience.Design/methodology/approach– The paper analyzes the causes of police corruption in Singapore during the British colonial period and describes the measures adopted by the People's Action Party government after assuming office in June 1959 to curb police corruption. The effectiveness of these measures is assessed by referring to Singapore's perceived extent of corruption according to three international indicators and the reported cases of police corruption from 1965 to 2011.Findings– The Singapore Police Force has succeeded in minimizing police corruption by improving salaries and working conditions, cooperating with the Corrupt Practices Investigation Bureau, enhancing its recruitment and selection procedures, providing training and values education for its members, and adopting administrative measures to reduce the opportunities for corruption. Other Asian countries afflicted with rampant police corruption can learn six lessons from Singapore's success.Originality/value– This paper will be of interest to those policy makers, scholars, and anti-corruption practitioners, who are interested in learning how Singapore has succeeded in curbing police corruption.

Benchmarking for Excellence: A Comparative Analysis of Seven Asian Anti-Corruption Agencies

Anti-corruption agencies (ACAs) have been established in many Asian countries to tackle the problem of corruption. However, with the exceptions of the Corrupt Practices Investigation Bureau in Singapore and the Independent Commission Against Corruption in Hong Kong, many Asian ACAs have been ineffective. What criteria should be used to evaluate their effectiveness? After analyzing the functions of the ACAs in India, Hong Kong, Macao, Philippines, Singapore, South Korea and Thailand, this article recommends that their performance should be benchmarked according to 22 indicators. It concludes that benchmarking provides an ACA with an objective method for evaluating its performance by comparing it with the performance of more effective ACAs. Benchmarking also enables an ACA to improve its performance by introducing reforms to remove the weaknesses exposed by comparison with more effective ACAs in other countries.

Defying institutional failure: learning from the experiences of anti-corruption agencies in four Asian countries

This article compares the effectiveness of the anti-corruption agencies (ACAs) in four Asian countries: the Corrupt Practices Investigation Bureau (CPIB) in Singapore, the Independent Commission Against Corruption (ICAC) in Hong Kong, the National Counter Corruption Commission (NCCC) in Thailand, and the Korea Independent Commission Against Corruption (KICAC). The CPIB and ICAC are more effective than the NCCC and KICAC because of the political will of the governments in Singapore and Hong Kong and the more favourable policy contexts of these two city-states. The lack of political will in curbing corruption in Thailand and South Korea is reflected in the fact that the NCCC and KICAC are not as well staffed or funded than the CPIB and ICAC. Moreover, the KICAC is the weakest of the four ACAs as it does not have the power to investigate corruption cases. The policy contexts of Thailand and South Korea are less favourable because of their larger populations and land area, and lower GDP per capita. To avoid institutional failure, ACAs must be supported by their governments in terms of the provision of adequate personnel and budget. They must also be able to investigate all cases of corruption without any political interference. The example of the KICAC shows the futility of establishing an ACA without the ability to investigate corruption cases.