Forms Of Corruption Research Articles

Legal principles of combating corruption in the USA

The article analyzes the legal principles of combating corruption in the USA. The history of the development of American legislation on combating corruption is studied. The system of US law enforcement agencies dealing with corruption issues is highlighted. The criminal law norms that establish liability for corrupt acts are analyzed. It is noted that one of the important federal acts within the framework of which corruption is combatted is the Organized Crime Control Act of 1970, which has been used for several decades as a powerful means of destructive influence on organized crime and corruption. The advantages of applying this Law to various forms of corruption are noted. Ways of borrowing American legislative experience in Ukraine are suggested.

The Dualism of Judicial Authority in Handling Abuse of Power by Government Officials Between the Administrative Court and the Corruption Criminal Court

The dualism of judicial authority in addressing abuse of power by government officials represents a critical issue within Indonesia's legal system. Abuse of power may be prosecuted in two distinct legal domains: administrative law, under the jurisdiction of the State Administrative Court (Pengadilan Tata Usaha Negara/PTUN), and criminal law, handled by the Corruption Court (Pengadilan Tindak Pidana Korupsi/Tipikor). The authority of the Administrative Court is grounded in the Administrative Governance Law, which allows government officials a degree of discretion in decision-making. Conversely, the Corruption Court prosecutes abuse of power as a form of corruption based on the Anti-Corruption Law. The overlapping jurisdictions of these two judicial bodies raise several legal challenges, including uncertainty in law enforcement mechanisms, the potential for conflicting rulings, and the risk of criminalizing officials who act within the bounds of administrative discretion. This study aims to analyze the concept of abuse of power from both administrative and criminal law perspectives, examine the respective jurisdictions of the Administrative Court and the Corruption Court in such cases, and identify the legal issues that arise from this dualism. A normative juridical method is employed, incorporating statutory (statute approach), conceptual, and comparative approaches. The statute approach examines the legal norms governing the jurisdictions of PTUN and Tipikor, while the conceptual approach explores legal theories related to abuse of power. The comparative approach analyzes how similar cases are handled in other jurisdictions. This research seeks to contribute to academic discourse by providing a deeper understanding of the legal dilemmas caused by dual judicial authority and proposing normative solutions to ensure legal certainty within Indonesia’s judicial system.

Forensic Audit as a Solution to Prevent Corruption: Evaluation of Bos Fund Misrepresentation Cases in the Department of Education and Culture of Tebing Tinggi City, North Sumatera

One systemic issue that jeopardizes the accountability of education budget management in Indonesia is the corruption of School Operational Assistance (BOS) monies. The purpose of this study is to examine how forensic audits can be used to identify and stop BOS fund embezzlement in Tebing Tinggi City, North Sumatra's Education and Culture Office. Through observation, document analysis, and in-depth interviews, the study methodology employs a qualitative approach with case studies. Three primary forms of corruption were found in the study's findings: (1) price markups (80% of cases), (2) forged documents (70%), and (3) bogus beneficiaries (60%). With an effectiveness rating of 4.7/5, the results demonstrate that forensic audits are successful in identifying financial irregularities, particularly when conducted using digital forensics and transaction analysis. Inter-agency coordination and restricted access to banking data, however, impede its execution. With the following policy recommendations, this study aids in the creation of a proactive audit-based corruption prevention model: (1) enhancing the e-monitoring system, (2) educating school treasurers, and (3) working with law enforcement. While practical consequences stress technology integration for budget transparency, theoretical implications reinforce the applicability of the Fraud Triangle in the context of public sector corruption.

The Phenomenon of Corruption is not a “crime”

This article addresses a very important issue, for aspiring scholars studying the forms of the phenomenon of corruption. It concerns the fundamental scientific error of using the term “corruption crimes.” This term, lacks grounding in any scientific theory, axiom or methodological framework. As will be analyzed, it is employed by scholars in certain countries for two primary reasons. First, to advance the professional interests of specific academic or professional groups, such as lawyers, economists or criminologists. Second, because it confines public and academic perception of the phenomenon of corruption, to only certain forms, effectively equating the phenomenon with those alone. As a result, all other forms of corruption are left unexamined and unhindered in practice.

Korupsi Nepotisme dan Inefisiensi: Potret Patologi Birokrasi dalam Perspektif Studi Kasus

This study aims to describe the forms of bureaucratic pathology occurring in public administration practices in Indonesia through a case study in local government institutions. The research method used is descriptive qualitative with a case study approach. Data collection techniques were conducted through in-depth interviews, observation, and documentation. The findings show that bureaucratic pathology in the forms of corruption, nepotism, and inefficiency still dominates public service delivery. Corruption appears in budget misuse, nepotism in the appointment of officials based on family ties, and inefficiency is evident in slow and unresponsive bureaucratic procedures. This study emphasizes the need for comprehensive bureaucratic reform to reduce such pathologies.

Border Corruption: A Unique Form of Law Enforcement Corruption

Aim: Border corruption is a distinctive form of corruption conducted by law enforcement officers. It happens at the border, in a specific area between nation-states, making its spatial characteristics particularly interesting. The organizational features related to the law enforcement agencies involved in border corruption, as well as the organizational environment and the social context within which it occurs, also make it different from other forms of corruption. Synthesizing the relevant interdisciplinary literature, this paper aims to offer a general conceptual framework for border corruption. It discusses the unique characteristics of the phenomenon as well as the key factors enabling law enforcement corruption in border security agencies. Methodology: Critical literature on border corruption was selected and integrated into a coherent framework. Findings: Border corruption may involve different actors (individuals, firms, and informal groups) on the bribe-giver client side; each indicates a different type of corrupt transaction. Corruption at the border can be based on collusion, voluntary and mutually beneficial participation, or coercion, when one party is forced by the other to participate. The opportunity aspects enabling this corruption can be classified as macro, regional, and organizational level factors. The motivation of law enforcement officers to engage in border corruption can be explained by utilitarian, normative, and relational perspectives. Value: Although border control agencies are especially prone to corruption, this type of corruption is relatively understudied in the academic literature. Revealing the key features and the phenomenon's main explanatory factors is crucial to fighting against it. This article provides an essential framework for scholars and practitioners to understand border corruption better.

Határkorrupció. A rendvédelmi korrupció sajátos formája

Aim: Border corruption is a distinctive form of corruption conducted by law enforcement officers. It happens at the border, in a specific area between nation-states, making its spatial characteristics particularly interesting. The organizational features related to the law enforcement agencies involved in border corruption, as well as the organizational environment and the social context within which it occurs, also make it different from other forms of corruption. Synthesizing the relevant interdisciplinary literature, this paper aims to offer a general conceptual framework for border corruption. It discusses the unique characteristics of the phenomenon as well as the key factors enabling law enforcement corruption in border security agencies. Methodology: Critical literature on border corruption was selected and integrated into a coherent framework. Findings: Border corruption may involve different actors (individuals, firms, and informal groups) on the bribe-giver client side; each indicates a different type of corrupt transaction. Corruption at the border can be based on collusion, voluntary and mutually beneficial participation, or coercion, when one party is forced by the other to participate. The opportunity aspects enabling this corruption can be classified as macro, regional, and organizational level factors. The motivation of law enforcement officers to engage in border corruption can be explained by utilitarian, normative, and relational perspectives. Value: Although border control agencies are especially prone to corruption, this type of corruption is relatively understudied in the academic literature. Revealing the key features and the phenomenon's main explanatory factors is crucial to fighting against it. This article provides an essential framework for scholars and practitioners to understand border corruption better.

Instilling Anti-Corruption Values ​​for Students of MI Al-Ikhwan Pekanbaru

The development of the increasingly modern era, brings positive and negative influences on the young generation of Indonesia. The thing that is the center of attention today, of course, leads to the negative impacts of the development of the era. The impacts that can be seen clearly in the field, such as free association of teenagers, drugs, and brawls between students. So, to minimize the greater impact, the most appropriate effort lies in education. The world of education is one of the strong foundations for filtering things that are outside the norms of life in Indonesian society. Because with education, students are taught about the values ​​that can and cannot be done in life. This activity aims to instill an anti-corruption nature so that a young generation is created who are aware of and understand the dangers of corruption, forms of corruption that can be carried out in elementary schools. The method used in this writing uses a literature study approach carried out by researchers to collect information relevant to the topic or problem that will or is being studied. The results of this article discuss the instillation of anti-corruption values ​​by implementing the values ​​of honesty, concern for others, responsibility, respect for others, discipline, simplicity, and fighting spirit or persistence in learning and understanding what sanctions are received by corruptors.

Syncretic Temporality in Andrei Ujică’s Autobiography of Nicolae Ceauşescu (2010)

This paper argues that the continuity of old forms of Communism into the present everyday life of post-socialist Eastern European countries is a mechanism of adaptation to the current reality of dislocation and rupture that ensues in the wake of neoliberalism. Taking as its focus Andrei Ujică’s experimental documentary on the life of the Romanian dictator Nicolae Ceauşescu, the paper explores the concept of syncretic temporality in which the past is being revised through the lens of the present. Ujică’s documentary foregrounds the trauma of Romania’s unfinished past. The dictator’s execution without a trial left an identity void for Romania that perpetuates mimetic violence and complicity with the old Communist regime and its reincarnated neoliberal forms of corruption. Ujică’s experimental documentary serves as a buffer against the shock therapy of transition and provides a sense of affective closure for the viewer.

The Connection Between the Crime of Trading in Influence and Gratification in Corruption

Corruption poses a persistent threat to the foundations of good governance andpublic integrity. One of the common modes used in corruption practices is tradingin influence and gratification. Trading in influence occurs when a person leveragestheir influence over a public official to obtain certain benefits; unlike bribery, theobject of trading in influence is influence itself, not direct authority.Meanwhile, gratification encompasses all forms of gifts or benefits that may affectthe independence of officials in making decisions. Both practices have the potentialto undermine bureaucratic systems and diminish public trust in the government.This study aims to analyze the correlation between trading in influenceand gratification as forms of corruption, as well as to review their impact andimplications on the legal and governmental system. The research method used is anormative juridical approach, analyzing relevant legislation and case studies ofcorruption incidents involving these two practices. The results show that trading ininfluence and gratification often serve as the entry points for more severe corruptionpractices. In this context, Article 18 of the UNCAC provides an importantconceptual basis for the development of national legal norms to specifically defineand address trading in influence. Therefore, there is a need for stronger regulationsand more effective law enforcement to prevent and combat these practices

Reassessing Nepotism: Wederrechtelijk and Onrechtmatige Daad in Indonesian Law

This research examines nepotism as a form of Corruption, Collusion, and Nepotism (KKN), which has significantly undermined social and institutional order in Indonesia. The problem stems from the negative impacts of KKN on community welfare, resource misuse, and the erosion of public integrity and morals. The main goal of the paper is to analyze nepotism from a positive legal perspective by exploring the conceptual differences between "onrechtmatige daad" in civil law and "wederrechtelijk" in criminal law. The study uses a doctrinal approach that integrates conceptual, statutory, and case analysis, focusing on Law Number 28 of 1999 and Constitutional Court Decision Number 90/PUU-XXI/2023 as key case studies. Through evaluative, argumentative, and prescriptive techniques, the research develops arguments concerning the classification of nepotism as either a criminal or civil matter. The findings highlight that while both legal concepts—onrechtmatige daad and wederrechtelijk—serve to protect individual rights and public interests, they are applied differently. The study concludes that nepotism, which has caused systemic harm to fair and transparent governance, should be classified as a criminal act (wederrechtelijk) to ensure legal certainty and maximize the repressive effects of the law, adhering to the principles of lex scripta, lex certa, and lex stricta. As a recommendation, the government and the DPR should revise Law Number 28 of 1999 to strengthen the norms regarding nepotism and submit a material review to the Constitutional Court to align the law with the principle of legality, ensuring optimal protection of the public interest.

SOCIO-ECONOMIC AND POLITICAL TENSIONS AND THE CHALLENGE OF DEMOCRATIC CONTROL OF THE MILITARY IN AFRICA

One of the major challenges confronting democracies in Africa is political control of the military especially in the face of palpable socio-economic and political tensions which have the capacity to ignite military intervention. Internal military variables on the one hand and political decay in the form of social violence and corruption, on the other, occupy the literature as causal factors for military incursion in the politics of most African states. What then should be done by Nigerian political leaders to avert these push factors that cause military intervention so democracy would thrive seamlessly in our polity. By adopting the qualitative research design, this study utilized secondary sources as data gathering instrument to investigate the factor of military intervention in politics and the steps taken by successive political leaders in Nigeria (1999-2024), to keep the soldiers away from politics. The study found that some of the issues that trigger military interest in politics namely social tension, political violence and corruption, were still plaguing the nation even as the various democratic regimes were doing their best to placate the military hierarchy with mouth watering welfare packages, professional training programmes and hardware infrastructure. It is therefore recommended that the political class in Nigeria should take urgent steps to stem the persistent recurrence of social pressures, political tensions and corruption so as to strike a balance between government’s concern for military welfare and the delivery of democratic dividends to the electorate. This, no doubt would guarantee permanent and fool proof political control of the military for all time stability of the nation’s democracy.

Socialization of The Anti-Corruption Movement For Youth in Sour Hope Village, Tinggi Raja District, Asahan District

The dissemination of cultural values and societal norms is greatly aided by socialization and education. Outreach and education efforts about integrity and anti-corruption movements are crucial steps in forming a strong understanding of moral values in society, especially among the younger generation. These activities can take many forms, including conferences, seminars, and commercial or social programs. outcomes of volunteer work in the community. Literature such as periodicals, research findings, and novels that are pertinent to the subject under discussion are used to support youth learning. Youth can learn more and develop deeper insight by doing this. facilitated conversation in the group Group discussion activities on corruption cases in Indonesia. Youth conducted analyses and presentations that enabled them to comprehend the various forms of corruption and perform an accurate study of the case. The seminar invites young students to think globally regarding corruption. This provides a broad understanding of corruption from various aspects of its study and development in Indonesia.

Criminal Sanctions for Extortionists in the Perspective of Positive Law and Islamic Criminal Law: A Comparative Analysis

Illegal levies (extortion) are a form of corruption that harms the public and weakens trust in public institutions. This research aims to analyze criminal sanctions against extortionists in the perspective of positive law and Islamic criminal law and compare their approaches. The research method uses a qualitative approach through literature study of legal literature, regulatory documents, and interpretation of fiqh books. The results showed that in positive law, extortion is categorized as a criminal act of corruption with severe criminal penalties under the Corruption Eradication Law, such as a minimum prison sentence of 4 years to a maximum of 20 years, and additional penalties such as fines. Meanwhile, in Islamic criminal law, extortion is categorized as jarimah ta’zir with flexible sanctions adjusted by the judge, such as dismissal from office or return of extortion proceeds, which aims to maintain the public interest. The comparison shows that positive law focuses on deterrent effects and system protection, while Islamic law emphasizes moral justice and restoration of community rights. This research contributes to offering an integrative approach that combines the power of positive law and the values of Islamic law, in order to eradicate extortion effectively and fairly.

CORRUPTION AS A FACTOR OF INEFFICIENT ADMINISTRATIVE MANAGEMENT IN PUBLIC AUTHORITIES

The article analyses the forms of corruption in public authorities, investigates the causes of its emergence and spread. It is substantiated that various manifestations of corruption in state and local authorities persist precisely because of the indifferent attitude of society to this phenomenon. It has been established that an ineffective administrative management system in public authorities creates conditions for abuse due to insufficient transparency of decision-making processes, excessive bureaucracy, weak control and accountability mechanisms, which allows individual officials to use their official position to obtain undue benefit. A set of measures has been developed to prevent and combat corruption in state authorities, which include: clear regulation of administrative processes and an effective system of accountability of officials for decisions and actions taken, which will ensure legal certainty, prevent abuse of power, and promote the honest performance of state functions; in-depth development of e-government and e-democracy tools, which will help reduce corruption risks by minimizing direct contact between officials and citizens, transparency and convenience of obtaining public services; introducing regular independent audits of state institutions, creating effective anti-corruption mechanisms, developing a system of state and public monitoring, introducing effective sanctions for violations of ethics and legislation, which will allow for a comprehensive assessment of the work of state bodies and ensure the inevitability of punishment for abuse; introduction of a system of continuous training, professional development and advanced training of civil servants, which will allow the formation of competent, responsible managers, will contribute to the development of a culture of integrity, business ethics and orientation towards the interests of citizens; clear and objective criteria for evaluating the performance of civil servants, which will allow forming a system of promotions based on professional achievements, competence and personal integrity, making it impossible to promote through corrupt connections or informal agreements.

Cultural Influence towards Corruption: Perceptions of Construction Practitioners in Indonesia

<p class="Abstract">The construction sector is one of the most vulnerable sectors to corruption. Previous publications have examined the causes, types, impacts, and strategies for preventing and eradicating corrupt practices in the construction sector. This research, however, focuses on the influence of cultural aspects on corrupt practices in the Indonesian construction sector. Through a mixed-method approach, this research identifies various forms of corruption in the construction sector and measures construction practitioners’ perceptions regarding the frequency of these corrupt practices. In summary, 14 forms of corrupt practices can occur at four stages of construction procurement. The analysis results also show practitioners’ perception of corruption as a norm in the construction business. This is motivated by the influence of cultural aspects in Indonesian society, especially related to the practice of connections and insiders, as well as a permissive attitude towards corruption. The results of this research contribute as a reference for stakeholders in understanding the influence of cultural aspects comprehensively so that they can take effective steps in establishing an anti-corruption culture in Indonesia.</p>

Defining Corruption in Context

This article engages with the burgeoning literature on the conceptualization of corruption, a literature animated by the view that failures in anticorruption practice—the limited progress made in tackling global corruption—are in part a consequence of the ways in which corruption is theorized by academics. In response, the article proposes and elaborates a four-dimensional definition of corruption with detailed subdefinitions and seeks to advance thinking in both academic and practitioner circles on how corruption can be most effectively identified in context. The article makes five distinct contributions to live debates in the conceptual literature and clarifies several ambiguities and disagreements that have arisen within it. First, it presents a set of grounded subdefinitions that make explicit the scope of each dimension of the definition. Second, it recommends applying the four dimensions in a predetermined sequence, enabling uncertainties or gray areas in each dimension to be resolved and clarified by subsequent dimensions. Third, it addresses the much-contested “abuse” dimension, acknowledging not only the flexibility required to identify abuses in different political and social settings but also the need to limit the scope of abuse so that it is not wholly idiosyncratic or relative. Fourth, it incorporates systemic and institutional forms of corruption, which creates an important bridge between individual and institutional approaches to corruption. Finally, it offers a defense for integrating the notion of public interest into the definition, which not only provides additional clarity to the conceptualization but also does justice to the reasons we care about corruption in the first place.

Rare earths metals and the corruption footprint index for countries worldwide

This article presents, for the first time, a convergence of two datasets: the first dataset, consists of the results, of the Corruption Footprint Index (CFI), an index that measures the impact of various forms of corruption· the second dataset, pertains to the countries, with the highest production of critical raw materials (REE) worldwide. The outcome of this convergence is an analysis of the impact that, the leading producers of critical raw materials, exert on the Corruption Footprint Index, particularly in the context of global energy demands and transitions. This assessment spans a period of nearly fifteen years, covering the timeframe from 2010 to 2024.

Easing Credit Constraints on Investment in India: Does Corruption Help?

Corporate investment is determined by a combination of factors that are associated with the financial structure and firm-specific characteristics, as well as the institutional environment in the country where the firm is located. Although a lot of studies demonstrate the importance of firm-specific characteristics and capital structure, the institutional environment remains an important yet less studied factor in explaining the investment behaviour of firms. This study examines how institutional quality in the form of prevalent corruption influences corporate investment in India. The results confirm the investment-enhancing role of corruption via promoting credit accessibility. This study also explores a non-linear relationship between corruption and firms’ investment to examine whether corruption ‘greases the wheels’ of firms’ investment even at its higher level. JEL: D20, D22, C33

Principles for Concluding Public Utility Delegation Agreements as a Governance Benchmark

Public utility delegation embodies a relatively contemporary methodology in the administration and stewardship of public utilities. This process involves a public law entity (the delegating authority) relinquishing the management of a public utility to another entity under public or private law (the delegatee), pursuant to a fixed-term agreement aimed at advancing development and enhancing the public good. As such agreements are classified under administrative contracts, which in turn contribute to the state's revenue streams, the ensuing funds are deemed public monies. Therefore, safeguarding these funds from all forms of corruption and mismanagement is imperative. This necessitates the enactment of a robust legal regime that epitomizes transparency and integrity in the formulation of these contracts. The contracting phase is notably vulnerable to corruption due to the heightened competition among bidders. In response, the Algerian legislature has constrained the administrative authority's discretion in selecting its contractual partners and compelled adherence to established procedures for public utility delegation agreements founded on specific principles. These principles, delineated under Article 209 of Presidential Decree No. 15-247, which governs public procurement and public utility delegation, along with Article 3 of Executive Decree No. 18-199 concerning public utility delegation, include unrestricted access to public tenders, equitable treatment of all candidates, and transparent procedural processes. These fundamental tenets are not merely procedural stipulations but are rather a concrete manifestation and reinforcement of overarching governance and prudent administrative practices.