Enforcement Institutions Research Articles

The limits of laws: Traffic law enforcement in South Africa

The aim of many public policies is to change behaviour. Governments tend to rely on regulations, taxes and subsidies to effect such change. These measures, which affect agents' economic incentives, have a mixed record. A key insight of the New Institutional Economics is that the efficacy of such formal institutions depends on the strength of their enforcement and the extent to which they are compatible with prevailing informal institutions. This paper uses the road safety situation in South Africa as a case study to explore aspects of the relationships among formal institutions, law enforcement and informal institutions. South Africa has a strong suite of road safety laws but poor road safety outcomes. The paper argues that improved law enforcement cannot fully solve the problem; complementary changes to the informal institutions shaping the behaviour of road-users are essential. It points out that institutional economists have to take a greater interest in the insights of research in behavioural economics, behavioural and cognitive science and other disciplines in order to provide useful advice in settings where such change is an important policy objective.

Harnessing Public Institutions for Labour Law Enforcement

The paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour Organization (‘ILO’). After exploring monitoring initiatives with roots in public international organizations, we will argue that from an international law perspective on international legal personality such activities can be justified. Under the qualification of ‘subject normation’, as we dub these activities, we will argue that the ILO is the best situated locus to embed a system to inspect commitments MNEs voluntary adhere to in their CSR strategies, including Global Framework Agreements. Finally, we explain how the TLI as we envisage it could fit within the existing system of enforcement and compliance monitoring of the ILO.

Intricacies of anti-money laundering and cyber-crimes regulation in a fluid global system

Purpose The purpose of this paper is to decipher the law relating to cybercrimes regulation and benchmarking best practices that could be adopted to address regulatory weaknesses in some countries. In many countries, cybercrimes regulation is undermined by a lack of robust regulatory regimes. The few regimes that are available are fragmented with no coherent global strategy to deal with these offences across countries and regions. There is a lot of scholarly literature to corroborate the fact that lack of requisite laws on cyber and financial crimes has rendered states lame ducks when faced with well-organized and resourced criminal organizations. Design/methodology/approach This paper articulates intricacies of regulating money laundering and cybercrimes using data from selected African countries and beyond. Generic issues on financial crimes, cybercrimes, case law and policy documents drawn from different jurisdictions have been examined based on the objectives of the study. Cybercrime activities and anti-money laundering (AML) regulatory models have been evaluated drawing on experiences of selected countries in Africa and other countries. Questions whether suspicious activity reports are appropriate as a model to counter incidences of cybercrime activities or whether other options should be considered were also examined. Most notably, the risk-based assessment model such as profiling of high-risk clients rather than reporting every transaction will be compared and possibly suggested as a suitable alternative in financial crimes regulation. The authors have evaluated the data and AML regulatory approaches and other policy measures to curtail the foregoing threats. There is a possibility that AML tools used by financial institutions and banking activities could be used to prevent the growing threat of cybercrimes. The paper has also been enriched by case studies of tenuous legal systems and fragmentation of laws on cybercrimes and financial crimes and how these gaps have been exploited to fuel incidences of illicit criminal activities around the globe. The paper has also used empirical data including visits to banks and financial institutions on the nexus between the threat of cybercrimes and money laundering prevention. The authors have been selective, evaluating cases from 2000s to date. This timeline was particularly important because of the increased incidences of computers and money laundering threats globally. After analysing the data, the authors were able to delineate that there is a close connection between the foregoing two crimes, how they operate in practice, differences and similarities in the counter-measures used to mitigate their negative effect globally. Thus, in the authors’ contention, this is a novel study that is likely to spur farther research on law and policy against cyber and AML crimes not only in Uganda but also in other jurisdictions. At the same time, the findings of the study could complement, and perhaps also complete, the work of scholars who have written papers on cybercrimes to advocate for regulatory changes fight against these offences. The study will also complement the work of other researchers who have challenged the segregation of cybercrimes and financial crimes in local and international regulatory discourses. This research aims to make a significant contribution to the study of cybercrimes and how they are regulated in international law. Findings The findings of the paper have confirmed that the high incidences of money laundering and cybercrimes today are partly fuelled by inherent weaknesses in the global regulatory system and partly fuelled by weaknesses at an individual state level. Many countries have enacted a raft of anti-cyber and AML legislation but this notwithstanding, these laws have not been used to stem cross-border crimes globally. This is partly explained by the fact that many enforcement institutions lack the requisite capacity to institute measures through which to implement engendered laws and policies easily. The regulatory capacity of many countries has been eviscerated by deficiencies in infrastructure and systems.

PENILAIAN ORGANISASI PERANGKAT DAERAH (OPD) TENTANG OTORITAS VETERINER DALAM KEBIJAKAN PENANGGULANGAN RABIES DI PROVINSI BANTEN

AbstractLegislation No 41 Year 2014 about Amendment of Legislation No 18 Year 2009 about Livestock and Animal Health explains that Veterinary Authority is a government institution, formed in order to deal with decision making of anything related to animal health, by involving veterinarians and mobilizing all related professional lines, to identify problems, deciding policies, coordinating policy implementation, and handling the field operations.This research material uses the result from a group of respondents, which represents 36 Regional organizations (OPD), they are: 9 OPD Technical services, supervising animal health (keswan) and veterinary public health (kesmavet), 9 OPD Health services, 9 OPD Regional development planning services, and 9 OPD Regional staffing services (BKD), for regencies, and cities in Banten Province. Data collection is done using two methods, quantitatively by using data from all 36 OPD, and qualitatively by using observation, interviews, dan questionnaires.First 5 questions: 1). Are the organization bureaucratic? 2). Positions, roles, and authority of veterinarians? 3). Is the veterinary authority regarding rabies control at agencies, clinics, and animal health center already in line with the implementation? 4). Strategic policy and 5). Integrated, directed, and continuous program regarding public awareness of rabies, for rabies control in provincial or regency government. The answers are as follows, Technical services of animal health (keswan) and veterinary public health (kesmavet) : 0%, 33,33%, 77,78%, 100% and 77,78% answered yes; 100%, 66,67%, 22,22%, 0% and 22,22% answered no. Health services: 22,22%, 66,67%, 88,89%, 44,44% and 44,44% answered yes; 77,78%, 33,33%, 11,11%, 55,56% and 55,56% answered no. Regional development planning services (Bappeda), 33,33%, 88,89%, 66,67%, 11,11% and 11,11% answered yes; 66,67%, 11,11%, 33,33%, 88,89% and 88,89% answered no; Regional staffing services (BKD) 88,89%, 77,78%, 55,56%, 0% and 0% answered yes; 11,11%, 22,22%, 44,44%, 100% and 100% answered no. Next questions: 6). Cooperations between OPD, 7). Regional Policy 8). Veterinarian openings and 9). Enforcement and improvement of otovet institutions. The answers are as follows: Technical services of keswan kesmavet: 33,33%, 44,44%, 77,78% and 100% answers yes; 66,67%, 55,56%, 22,22% and 0% answers no. Health services: 55,56%, 22,22%, 0% and 77,78% answers yes; 44,44%, 77,78%, 100% and 22,22% answers no. Regional development planning services (Bappeda), 33,33%, 33,33%, 33,33 and 100% answers yes; 66,67%, 66,67%, 66,67% and 0% answers no; while Regional staffing services (BKD) 11,11%, 11,11%, 100% and 66,67% answers yes, 88,89%, 88,89%, 0%, !00% and 33,33% answers no.In conclusion, after scoring the questionnaire, the results for OPDs supervising animal health (keswan) and veterinary public health (kesmavet) otovet are as follows: Technical services with 9 OPDs, 4 OPDs scores well and 5 OPDs scores poor. Health services with 9 OPDs, 4 OPDs scores well and 5 OPDs scores poor. Regional development planning services (Bappeda) with 9 OPDs, 4 OPDs scores well and 5 OPDs scores poor. Regional staffing services (BKD) with 9 OPDs, 1 OPD scores well and 8 OPDs scores poor.Keywords: Veterinary authority; Regional organizations (OPD), control rabies, rabies

Empowering Leadership and Occupational Burnout: A Moderated Mediation Model of Employee Optimism, Employee Hardiness and Job Crafting

Integration of social cognitive theory and hardiness theory, this study aimed to investigate the mediating mechanism of job crafting and the direct effect of empowering leadership that causes occupational burnout with the sample from law enforcement institutions. The authors also tested the moderating effect of employee optimism and employee hardiness between the linkage of job crafting and occupational burnout. To test the proposed hypothesis of this study, 192 participants from the law enforcement institution of Punjab, Pakistan participate in this study voluntarily. The findings of the study suggest that job crafting mediates the relationship between empowering leadership and occupational burnout. Furthermore, the authors found that employee optimism and hardiness moderate the relationship between empowering leadership and occupational burnout. The result of moderated mediation analysis revealed that the indirect effect of empowering leadership on occupational burnout was weakening when employee optimism and hardiness level was high. The findings of this study declared that empowering leadership has adverse consequences on employees’ physical and psychological health that decrease the well-being and employee optimism and hardiness reduce that stress level and enhance the intrinsic motivational level. Top management of law enforcement institutions must focus especially on the psychological health of employees and provide climate and psychological training that mitigates the harmful consequences of empowering leadership. Also, the authors through this study respond to the calls of prior researches as slight researches have studied the negative consequences of empowering leadership.

The Comparative Analysis of Leniency Programs in Cartel Investigations in the United States and China: The Law and Practice

The Anti-Monopoly (Anti-Competition Law of the People's Republic of China (PRC) is a recent development of the state following the opening up and reform of the 1980s. The Anti-Monopoly Law of PRC learned many experiences from the western world, such as the United States and the European Union that have experienced more than a century. But the young Anti-Monopoly Law of PRC has a comparable status of stabling market and consumer protection with the legal regime of the European Union in which most principles are transplanted. On the other hand, the Chinese Anti-Monopoly Law has its own Chinese Characteristics, such as the adoption of abuse of administrative power to eliminate or restrict competition as a manifestation of state interference. While in areas of cartel agreement investigation and leniency programs, though there are quite many similarities with the Anti-Trust Law of the United States, the paper argued that being the behavior of cartel is not a criminal act and regarded as administrative misconduct, its deterrence effect is minimal that needs some revisions. Besides, the paper argued that some institutional arrangement warrants for Anti-monopoly acts protection and enforcement institutions.

THE AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION IN THE PROSECUTION OF CORRUPTION IN INDONESIA

Corruption is a reality in Indonesia and has a significant impoverishment of wealth state, and damaging the public’s trust in the law. As an effort to eradicate corruption, the legislative inaugurated the Corruption Eradication Commission by the Law Number 30 of 2002. The presence of the Corruption Eradication Commission is motivated by the low public trust in law enforcement institutions, namely the Prosecutor and the Police in eradicating corruption. In eradicating corruption, the Corruption Eradication Commission has the authorities of preliminary investigation, full investigation and prosecution, whereas according to Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP), the authority of preliminary investigation and a full investigation is the authority of the National Police of the Republic of Indonesia, and prosecution is the authority of the Prosecutor of the Republic of Indonesia. Based on this condition, that authority of prosecution corruption case’s which the corruption is one of the criminal cases opens the gate to overlapping authority between the Police with Corruption Eradication Commission and the Prosecutor with Corruption Eradication Commission. Then, this paper discusses how the authority of the Corruption Eradication Commission in the prosecution of corruption, whether there is a possibility to overlapping authority between the Corruption Eradication Commission with the other law enforcement agencies by normative juridically that approaching with legal materials and arranged descriptively analytical. These paper findings also conclude with suggestions to strengthen the effort to eradicate corruption in Indonesia, it is necessary to make a system effectively to prevent overlapping between the Corruption Eradication Commission’s authority with the other law enforcement agencies, continuing collaboration between law enforcement agencies and increasing law enforcement professionalism.

PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG BARANG RAMPASAN NEGARA BERUPA KENDARAAN RODA DUA YANG DIEKSEKUSI DENGAN CARA LELANG OLEH KEJAKSAAN

Prosecutors as law enforcement institutions carry out execution of state loot in various ways, one of which is auctioned for the country. One of the loot state executed by the state attorney of Bandar Lampung by means of auction is a unit of vehicle twowheeled vehicles as contained in the quote treatise Number: 908/2016 issued by the State Wealth Service office and auction of Bandar Lampung. The results of this study showed: (1) The protection of the law against the auction winners of the state booty in the form of two-wheeled vehicles executed by way of auction by the attorney in quotation treatise number: 908/2016 can be realized by enforcing legislation or special policies in order to fulfill the right of auction winners to manage and possess vehicle ownership documents both STNK and BPKB. (2) The legal certainty of the winner of the state Booty auction in the form of a two-wheeled vehicle executed by way of auction by the Prosecutor has not materialized because the auction winner cannot take care of and have the vehicle ownership documents both in the form of STNK The winner of the auction in this case only accepts auction treatise quotes number: 908/2016 which serves as a buy and sell deed.

Do Institutions Matter? Explaining HIV Prevalence Variations Across Regions in Tanzania

This work researched on the institutions for implementing policies for HIV prevention in Tanzania. It was designed to explain why HIV prevention services are producing contrasting results across regions in Tanzania. Two sampled cases were used for the purposes of this study: high HIV Prevalence case (Njombe region) and high to low to reversing HIV prevalence case (Kagera region). The study employed institutionalism as a frame for analysis. Moreover, the study relied largely on qualitative methods for data collection and analysis. Three methods of data collection were employed; documentary review, in depth interviews and focus group discussions. Respondents for the interviews included government officials from National AIDS Control Program, Tanzania AIDS Commission (TACAIDS) and the Prime Minister?s Office-Regional Administration and Local Government (at district level downwards). Other interviewees were from Civil Society Organizations. Participants for the FGDs were drawn from the study villages and included ordinary citizens. The findings of the study show that the enforcement of institutions is constrained by growing clashes between the formal and formal rules on one hand and between formal and informal rules on the other hand leading to unfavorable conditions which in turn affects people?s acceptance attitude towards HIV prevention services. In addition, performance of the institutions is constrained by limited capacity indicated by shortages of human, financial and infrastructural resources. The study concludes that institutions matter, but their actual performance with regard to policy implementation depends on local conditions under which they operate.

Corporate Responsibility Reporting in Africa: The Effect of Macroeconomic Indicators and Political Regime

The main aim of this paper is to empirically assess the relationship between macroeconomic indicators, political regime, and corporate responsibility reporting in African countries. Using ex post facto research design, the paper stands out from previous analyses by including other independent variables, such as regulatory quality, rule of law and government effectiveness in assessing the relationship between corporate responsibility reporting, macroeconomic indicators, and political regime. The population comprises 58 African countries, and the sample is based on 48 African countries. Secondary data was employed to gather information on the variables. The study used a multiple regression model to examine the relationship between foreign direct investment, gross domestic product, inflation, political regime, and corporate responsibility reporting in African countries. The study found an insignificant positive relationship between the number of corporate responsibility reports, political regime, foreign direct investment, gross domestic product, and inflation after applying controls for government effectiveness, regulatory quality, and rule of law. The paper assists in understanding the relationship between political regime, macroeconomic indicators, and corporate responsibility reporting in Africa. Also, an understanding of how institutional factors influence corporate responsibility reporting in African countries could help enforcement institutions, such as the stock exchange, industry regulators and key players that monitor corporate, social, and environmental responsibility issues, to take the necessary steps to improve responsibility reporting provided by organizations in Africa. To conclude, the paper makes a unique contribution to the assessment of the relationship between macroeconomic indicators, political regime, and corporate responsibility reporting.

To the problem of mechanisms for involving civil society institutions in the process of preventing corruption in Ukraine improvement

The article states that the systematic implementation of anti-corruption measures is axiomatically recognized as a key guarantee of the effectiveness of anti-corruption activity at all levels of its functioning and is a determining factor in the real reduction of the corruption component in the functioning of the state in a strategic sense. Achieving of systematic approach as an indicator of anti-corruption policy is based on a simultaneous constructive correction of all components of the national system that have a significant impact on the performance of anti-corruption processes. It is noted that due to the conducted generalization of the provisions of the legislation of Ukraine, the study of a considerable amount of scientific intelligence, that are related substantially to certain aspects of the problem identified as independent vectors of scientific search, the actual absence of homogeneity of the normative and theoretical and methodological constituent clusters corruption prevention measures has been revealed. It is practically confirmed that the effectiveness of implementation of measures to neutralize the corruption factor in the activities of the public apparatus is directly dependent on the degree of proactiveness of civil society institutions in the realm of implementation of anti-corruption initiatives, and therefore the need for a systematic researches of forms and methods of setting up the practical interaction of law enforcement institutions prevention of corruption is highly needed. Generalization of the scientific work of domestic law theorists has practically demonstrated the existing threatening tendency of anti-corruption activity identifacation as the exclusive prerogative of the state. In turn, the abstraction of social institutions from the implementation of measures corruption challenges neutralization in the modern socio-legal space indicates the lack of attention to this issue, which, correlating with the myriad deficiencies of national legislation, provides further exponential expansion of the corruption in all social spheres. Keywords: civil society, institute, prevention of corruption, offenses, implementation.

НОРМЫ И ПРАКТИКИ КОНТРОЛЯ НАД УГОЛОВНОЙ ПРЕСТУПНОСТЬЮ В СССР: ТЕНДЕНЦИИ «ОТТЕПЕЛИ»

State policy towards asocial conduct, including breach of law and crime, had been evolving through Soviet history. Until the mid-1950s, the main vector was repressive, with the isolation of people from the society. Repressive practices, including a harsh penal code, sometimes served as a reaction to a real aggravation of the crime situation, for instance, after World War Two. However, more often the authorities and law enforcement institutions acted out of inertia, lacking experience of other methods and believing in the preventive effect of harsh measures. Against this background, the experiments of the early “Thaw” are especially interesting: the creation of new norms and practices of social control corresponded to the changing format of relations between the state and society, on the one hand, and the marginal groups, on the other. The turn in criminal policy took place after 1953 despite the spike of criminal activities. Considerable part of cases became depoliticized; emphasis shifted to the analysis of social causes of crime; the policy of isolating socially marginal groups gave way to attempts to incorporate them into “main” society. New trends required corresponding normative base, which was actively developed in that period (the work on new penal codes). This article considers the problem of criminality in the context of changing norms and practices of social control during the Thaw. This study is methodologically synthetic; it allows to combine the historiographical tradition of research of crime in the USSR and the analysis of crime in contemporary criminology, deviantology, and sociology.

On the Question of Viacheslav Zaikin as a “Provocateur”

The article reexamines the question, previously raised in historical scholarship and journalism, of the possible role of Viacheslav Zaikin, a well-known historian and graduate of Kharkiv University, as a “provocateur” during World War I. In Ukrainian historiography, in contrast to Russian, the work of imperial law enforcement institutions with covert agents has been given little to no attention. The necessary sources are either lacking or unavailable. The purpose of this study was to try and compare the well-known accusations against Viacheslav Zaikin, made by his contemporaries, with gendarmerie documents, primarily agent reports, about the activities of Ukrainian youth organizations in which he may have been involved. This approach does not guarantee an accurate answer to the question. But at least it should enable one to take steps in that direction, namely: to determine whether or not Viacheslav Zaikin’s acting as a “provocateur” was possible at all (and thus to exclude the opposite); to ascertain the (im)possibility of his supplying intelligence to law enforcement by placing it into the context of the circumstances of his life and activities; to determine the correspondence of the contents of this intelligence to Viacheslav Zaikin’s status and connections in Ukrainian organizations, etc. The author’s research establishes that: a) the quality of information in the agent reports fits Viacheslav Zaikin’s capabilities and his place in the Ukrainian youth circles of Kharkiv; b) the fact that Viacheslav Zaikin himself does not figure in gendarmerie documents looks very suspicious; and c) no categorical conclusions can be made due to the insufficiency and inconsistency of the available evidence.

COUNTERACTION TO INVESTIGATION AND WAYS TO ITS OVERCOMING

The problem of counteraction to investigation has recently gained particular topicality. . This is due to the fact that the activities of organized criminality are gaining and larger range, an essential reason of which, in its turn, are the processes of the personnel corruptibility of the power structures and law enforcement institutions.The basis of the people’s lifestyle of the adherent to the criminal environment is to put obstacles in the way of law enforcement institutions in general; and during their lifetime, because of specific mentality, criminals always and willingly put into practice various forms and methods of counteractions. As investigative practice shows, counteraction to investigation may go on during the lifetime of the counteraction performer; it may begin also in the preparation phase of a crime, or may begin or continue during investigation, trial, and even during the time of serving sentence.The purpose of this study is to clarify the essence of the counteraction concept to investigation.As a result of the study and based on the theoretical knowledge, the most important conclusion has been drawn, namely: the counteraction to investigation is an action or inaction executed on premeditated purpose to hinder or even to stop the full, objective and comprehensive clarification of the offense circumstances by the investigating authorities and courts. In the course of the study, the problems were also identified, and the means and methods of overcoming the counteraction to investigation were offered.The prevention of counteraction to investigations, identification of its motives, forecasting of counteraction forms and methods of its implementation both – at the initial period of the investigation and during the implementation of investigation activities are a part of the necessary provisions for successful neutralization of counteraction, for unmasking of counteraction performers’ activities. It is also a compulsory provision for objective, detailed and complete clarifications of all circumstances of offence, providing in this way a fair punishment for guilty persons.The application of countermeasures requires an understanding of the methods and techniques used by law enforcement authorities in investigation of criminal networks. Insufficient prevention and overcoming of counteractions to investigations is one of the reasons of qualitative and quantitative aggravation of the performance parameters of law enforcement authorities.

The Efforts to Combat Organized Crime in Brazil

<p>En las últimas décadas el crimen organizado se ha convertido en un importante problema para la seguridad internacional. La delincuencia organizada representa una gran amenaza para la seguridad pública, a las instituciones democráticas y para la estabilidad económica. La lucha contra este fenómeno requiere la cooperación policial y judicial en materia de prevención, detección, investigación y sanción de los delitos cometidos por organizaciones criminales.</p><p>El artículo presenta y analiza algunos aspectos relevantes del crimen organizado en Brasil. Además, describe los factores que han influido en el desarrollo de la delincuencia organizada en este país. El artículo examina también las iniciativas tomadas por las autoridades brasileñas para combatir el crimen organizado.</p>

Методологічні підходи до історико-правового дослідження проблем виконання покарання у вигляді позбавлення волі

У статті розглядаються методологічні підходи історико-правового дослідження проблем виконання покарань у вигляді позбавлення волі, досліджуються їх особливості та значення для установ виконання покарань Міністерства юстиції України. Наведені висновки методологічних підходів історико-правового дослідження до проблем виконання покарань у вигляді позбавлення волі.

Report Calls for Public Health Approach to Addressing Mass Violence

Report Calls for Public Health Approach to Addressing Mass Violence

PROBLEMS OF FORMATION OF INCOME AND EXPENSES OF PRIVATE CONTRACTORS AS SUBJECTS OF INDEPENDENT PROFESSIONAL ACTIVITY

Introduction. The need to set up a private enforcement institute arose from the problem of enforcement of court decisions. The activities of state executors are clearly regulated, have experience and achievements. A private contractor is authorized by the state to carry out enforcement activities, but from an economic point of view, he is a self-employed person, which means that he is financially interested in the results of his work. The economic aspect of private contractor activity is not well understood to date. Methods. The study is based on the use of the historical and comparative method in determining the prerequisites for establishing an institute of private performers in Ukraine and in the world. A generalization method was used to determine general properties in the taxation of private contractors. The efficiency of the work and the feasibility of introducing a “private” element in the enforcement of court decisions was proved by the method of analysis. The method of grouping was used to determine the taxation base for the performance of private contractors. Results. The organizational and legal aspects of the activity of private contractors have been determined. The economic advantages and disadvantages of introducing the Institute of Private Performers are presented. The procedure for recognition of income and formation of costs of private contractors is outlined. It is proved inadmissible to identify the concepts of “costs of enforcement proceedings” and “costs of private executors”. The necessity of accounting and control of results of activity of private contractors is substantiated. Discussion. Prospects for further researches will be to develop recommendations for accounting for deposit accounts; accounts intended to be credited to enforcement proceedings; accounts intended to account for the principal and additional remuneration of private contractors; payroll calculations; payments with budget for taxes, fees, other required payments private artist revenue and expenses, etc. Keywords: enforcement proceedings, self-employed entities, private contractor, remuneration of private contractor, costs of enforcement proceedings, costs of private contractor, income of private contractor.

Measuring and Eliminating Corruption through Strengthening Legal Structures

Corruption has become a widespread reality in the life of people, such as bribery to misuse the wealth of country for personal and group interests. Even so, in the reality as occurs that much economic development is delayed due to corruption, collusion and nepotism for development projects both in central and regional governments. The research is a juridical-normative research by using statute, case, historical, comparative and conceptual approaches. The processing and analysis of legal materials was aimed to find pragmatic truth and/or coherence. The results show that restructuring of institutional must also be based on empirical needs. This empirical need is a consequence of the dynamics of development that occur in society along with various demands for ever increasing needs. With the emergence of a variety of new needs and the development of existing needs, organizational and institutional restructuring is needed to meet the demands of the era. Hence, it is recommended to strengthen the legal standing of the Public Prosecution institution as a law enforcement institution at the legislation levels so that the eradication of corruption can be optimized and realize good and clean governance. Keywords: Corruption; Legal Structure; Legal System; Public Prosecution DOI : 10.7176/JAAS/59-06 Publication date: December 31 st 2019

Institutional credibility and informal institutions: The case of extralegal land development in China

The credibility of informality has become a fertile frontier in the study of institutions as is evidenced by the Credibility Thesis and its applications. Whereas the preceding contribution by Liu and Zhang (this special issue) examined whether, and if so, under what preconditions informal institutions could be formalized, the current article assesses how informal institutions establish their credibility over time. Focusing on competing informal institutions in a developing context, this article explores the mechanisms through which informal rules cumulate their credibility while challenging the formal ones. This article identifies two fundamental mechanisms that contribute to the increasing credibility of informal rules. First, political bargaining lead to ineffective enforcement of formal institutions and low risk of violation of formal rules; Second, institutional challengers' competition for informal practices ironically facilitates their unorganized coordination and resolves their problems of collective action. The interactions of these two fundamental mechanisms help institutional challengers increase the scale of their informal practice and enhance the credibility of informal rules. This article employs the extralegal land development in Shenzhen, China, as an extreme case. Nearly half of the permanent residents in Shenzhen are living in extralegal houses built on state-owned land by villagers whose rural land has been nationalized by the government. The findings can shed light on the credibility of informal rules in other fields.