United Nations Convention Against Corruption Research Articles

THE ROLE OF PR IN THE FIGHT AGAINST CORRUPTION

The article examines the importance of the role of PR in the fight against corruption, since corruption has a devastating impact on the image of a country, and public relations (PR) is an important tool in countering this phenomenon. The importance of PR's role in public relations is enshrined in the United Nations Convention against Corruption (UNCAC), which recognizes the importance of public awareness and education as a means of combating this phenomenon. Given the dynamic development of media and online platforms and the proliferation of social networks where everyone can quickly share information, a carefully thought-out PR strategy is becoming necessary for political leaders. The ability to communicate effectively helps to resolve crises, reduce conflicts, and create a favorable climate for making the necessary decisions. PR strategies of political authorities are becoming a tool that helps to influence public opinion, providing support for important reforms and programs. The article analyzes various aspects of PR's role in the fight against corruption, including the potential of PR to change cultural perceptions of corruption, and provides examples of youth education campaigns and television commercials to raise public awareness that support this idea. Understanding and implementing modern PR methods is a necessary element in today's world, where information is rapidly changing and public trust is key to the effective functioning of the system. The article's second aspect highlights PR's role in supporting messages about corruption and encouraging citizens to fight it. The third part outlines the role of PR in increasing government support for anti-corruption measures by informing the public about their successes and achievements. The final part of the article discusses the importance of further research on the impact of anti-corruption PR campaigns on public awareness and behavior. It is emphasized that understanding effective PR strategies is the key to the successful fight against corruption and the creation of a responsible society.

KEPASTIAN HUKUM PENERAPAN JUSTICE COLLABORATOR TERHADAP PELAKU TINDAK PIDANA NARKOTIKA.

The idea of a Justice Collaborator is based on Article 37 paragraph (2) of the 2003 United Nations Convention Against Corruption (UNCAC) which states that the state is obliged to consider reducing the sentence of perpetrators who provide substantial cooperation in the investigation and prosecution of a specified crime. As of 2023, UNCAC has 190 member countries which have proven that the article regarding Justice Collaborator is an effective way to eradicate organized crime such as narcotics. The Research method is a normative juridical research, to obtain the necessary data in connection to the period issue. The data used is secondary data in consisting of primary legal materials. Besides, it used primary data to support secondary data legal materials. Data analysis was done by qualitative juridical analysis. The result of research is obtained that From the research results, it can be seen that Justice Collaborator is a form of symbiotic mutualism or mutually beneficial cooperation between Witnesses and Perpetrators of law enforcement officers where each of them gets benefits related to the disclosure of narcotics crime cases. The legal basis for Justice Collaborator began with the publication of SEMA No. 4 of 2011, Joint Regulations, to Law no. 31 of 2014. In the PSK Law, the position of Justice Collaborator is regulated as equal to Witness, Victim and Whistleblower and their rights are guaranteed by law, but in practice there are still many perpetrator witnesses who do not get leniency because in the trial the judge does not consider the testimony of the perpetrator witness to meet the requirements. as Justice Collaborator. Even though the legal basis already exists, because in the Indonesian judicial system the decision maker is the judge, the recommendation of the prosecutor or LPSK does not necessarily lighten the sentence of the perpetrator witness

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

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

Working Paper 50: Seedlings of hope: Addressing corruption linked to crimes that impact the environment in line with UNCAC Resolution 8/12

At the 8th session of the Conference of the States Parties to the United Nations Convention against Corruption (UNCAC), in December 2019, States parties adopted a resolution recognising the relationship between corruption and environmental crimes. 
 Resolution 8/12 – Preventing and combating corruption as it relates to crimes that have an impact on the environment – is a landmark Resolution. With its 23 operative paragraphs (OPs), it underlies the importance of addressing corruption linked to crimes that have an impact on the environment. It urges States parties to prevent, investigate and prosecute corruption offences where they may be linked to crimes that have an impact on the environment. 
 This Working Paper report presents a concise overview of prevention and enforcement actions, initiatives and measures implemented by UNCAC States parties between 2019 and 2023 to combat corruption as it pertains to crimes that have an impact on the environment. Section 2 focuses on prevention and Section 3 on enforcement actions.
 Section 4 underscores the valuable contributions made by non-state actors, in particular civil society, academia and the media in this collective endeavour.
 The conclusion includes a list of promising initiatives for corruption prevention and enforcement.

TOWARDS ACHIEVING THE PURPOSES OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) FOR THE IMPROVEMENT OF HUMAN RIGHTS PROTECTION IN NIGERIA: ESSENTIALITY AND NECESSITY OF EFFECTIVE DOMESTIC ENFORCEMENT INSTITUTIONS

Corruption violates human rights and manifests in many forms including embezzlement, bribery, and money laundering. It is a crime which includes economic and financial crimes. It exists in every country of the world including Nigeria. The United Nations Convention against Corruption (UNCAC) 2003 was the direct legal response to prevent and combat the menace. The bulk of enforcement of the UNCAC is the duty of the State Parties via the domestic system but Nigeria has yet to domesticate same. This paper makes a case for the essentiality and necessity of effective domestic enforcement institutions in Nigeria towards achieving the purpose of the UNCAC.

THE PLIGHT OF SOUTH AFRICAN WHISTLE-BLOWERS: SEARCHING FOR EFFECTIVE PROTECTION

Daily reports in the media about the extent of corruption in South Africa and the plight of whistle-blowers who dare to report it demonstrates the inadequacy of protective measures in South Africa. The murder of whistle-blower Babita Deokaran saw other whistle-blowers go into hiding, fearing for their own safety, and calls for urgent measures to be implemented to ensure the physical safety of whistle-blowers. The United Nations Convention Against Corruption (UNCAC) contains measures that could be implemented to protect the physical safety of whistle-blowers. Currently, the only legislation specifically protecting whistle-blowers in South Africa is the Protected Disclosures Act (PDA), which only protects against detriment in the workplace. A number of other statutes provide a measure of protection, but they are fragmented and by no means adequate. A legal comparison with the United Kingdom (UK), Ireland and the United States of America (US) may provide guidelines for reform in South Africa. The UK is currently debating the Protection for Whistleblowing Bill (Bill 27) in the House of Lords to improve protection for whistle-blowers. This Bill proposes to sever the required link to employment so that any person reporting wrongdoing will be protected if certain requirements are met. Bill 27 also establishes the Office of the Whistleblower, which has wide-ranging powers to protect whistle-blowers. The Irish Protected Disclosures (Amendment) Act 2022 was amended to broaden the definition of “worker” to include persons not previously protected and to establish an Office of the Commissioner similar to the Office of the Whistleblower in Bill 27, although with limited power. Neither the UK nor Ireland requires whistle-blowers to report in good faith; the focus is on the message instead of the messenger. Financial rewards for whistle-blowers in the US have proved to be highly successful and could be implemented in South Africa. It is recommended that physical protection of whistleblowers be prioritised, that a Whistle-Blowers’ Office with wide-ranging powers be established, that protection be extended to persons outside the employment relationship, that whistle-blowers be rewarded for reporting on wrongdoing in prescribed circumstances, that the burden of proof be reversed and that the good faith requirement for protection be dropped.

Kriminalisasi Trading in Influence dalam Tindak Pidana Korupsi

This research aims to find out the concept of trading in influence in the United Nations Convention Against Corruption (UNCAC) and to find out the urgency of criminalizing trading in influence in Indonesian legislation. This type of research is normative research with a statute approach and a conceptual approach. The results of this study show that the concept of trading in influence in UNCAC has differences with the crime of corruption in national legislation, such as in terms of perpetrators and arrangements. The absence of trading in influence regulation in the legislation is the urgency of the need for trading in influence in the future law (ius constituendum). The concept of trading in influence in UNCAC is similar to the offense of active-passive bribery by public officials, which is already regulated in the corruption law. However, it still differs in the recipient of the bribe, the setting, and the person involved. Meanwhile, the urgency of regulating trading in influence in national legislation is because corruption has become a problem for the international community and there is also a legal vacuum.

Scrutinize the United Nations Convention against Corruption (UNCAC)

Corruption has been dramatically undermining human rights, and there are some legal problems in the anti-corruption law regime. This reality is not only unlawful but also naturally unfair. Therefore, using historical comparative analyses, the article aims to demonstrate two problematic issues remaining in the United Nations Convention against Corruption (UNCAC), which leave the threshold for human rights abuse and the smooth way to sustainable development, namely the absence of a precise definition of corruption and the absence of sanction provisions under the UNCAC. The article indicates the human rights undermining characteristic of corruption, the UNCAC's problems in coping with systematic corruption, which significantly violates human rights, and relevant scholarly doctrines supportive of the definability of corruption, especially the human-rights-based approach. The paper finally offers the standard definition of corruption under the Human-Rights Based Approach to cover systematic corruption that is sometimes lawful under domestic laws. Furthermore, this paper offers the systematic concrete sanction to make the Convention truly enforceable worldwide. In this regard, the roles of the International Criminal Court (ICC) should be taken into account to achieve a corruption-free society and sustainable development for humanity.
 Keywords: Systematic corruption, UNCAC, human rights

Peran Masyarakat dalam Pencegahan dan Pemberantasan Tindak Pidana Korupsi

The criminal act of corruption is an extraordinary crime, which can cause widespread damage to society, as stated in the preamble of the United Nations Convention Against Corruption (UNCAC). Corruption is a type of economic crime, where the losses suffered from this crime are related to the economy. This research is a doctrinal research using normative juridical method, as well as analytical descriptive. This study has two formulations of the problem, namely: first, what are the implications of corruption crimes on people's welfare?; Second, what is the role of the community in eradicating corruption? This research shows that: first, corruption crimes can greatly reduce the quality of people's lives, so that the eradication of corruption needs to be more enforced; secondly, much of the corruption that occurs in Indonesia is caused by a lack of social control, so that the role of society in eradicating corruption needs to be maximized as a means of controlling power.

A COMPARISON BETWEEN INDONESIAN AND MALAYSIAN ANTI-CORRUPTION LAWS

Corruption is quite a complicated problem. It has made many countries, including Indonesia, to ratify the United Nations Convention Against Corruption (UNCAC). It is an effort to prevent and to eradicate corruption with international cooperation. Unfortunately, several studies have revealed that Indonesia is experiencing a legal vacuum on corruption because Indonesia only adopts a few points of the United Nations Convention Against Corruption in written regulations. The legal vacuum causes difficulties in the resolution of corruption cases. Compared to other countries, the Indonesia Corruption Perceptions Index is still quite high. It leads to some questions that are addressed in this study. First, why does Indonesia not adopt all articles of the United Nations Convention Against Corruption? Second, how are corruption cases in Indonesia managed after the ratification? Third, how is the comparison of the law to the Malaysia law? To answer the questions, this study used a normative method. It employed the analysis of primary and secondary data assisted using the nVivo 12 application. The study revealed that Indonesia cannot ratify all articles because Indonesia needs some adjustments to meet the required proportions before the new laws are passed. After the ratification, Indonesia seems to have better regulations and adequate existing conditions. Lastly, laws or regulations in Malaysia are more dynamic than Indonesia.

INTERNATIONAL COOPERATION IN THE INVESTIGATION OF BRIBERY CASES AT PT. GARUDA INDONESIA

Bribery case at PT. Garuda Indonesia is a cross-jurisdictional corruption case involving several countries. The purpose of this research is to analyze the international cooperation carried out by the Corruption Eradication Commission (KPK) in the investigation of bribery cases at PT. Garuda Indonesia. The research method used is a qualitative approach with a case study method. The data analysis used is the theory of international cooperation in dealing with corruption, jurisdictional theory, and the concept of transnational crime. The results of his research show that the bribery case at PT. Garuda involves multiple jurisdictions, namely: Indonesia, United Kingdom, Singapore, Hong Kong, France, and Canada. KPK-SFO-CPIB international cooperation process shows a new format of cooperation because it is carried out by the anti-corruption agency with a parallel investigations format. KPK cooperates with the agency through the MoU and MLA mechanisms referring to international instruments, namely the United Nations Convention Against Corruption (UNCAC). Even though the platform has been created, there are still many challenges and obstacles due to differences in the legal system, language and time. KPK encountered problems when it wanted to cooperate with Hong Kong's ICAC, Canada's RCMP, and France's PNF. The keys to the success of KPK in this collaboration are the diplomatic approach, speed of coordination, accuracy in strategies of communication, and commitment, as well as trust and adjustment of cooperation mechanisms according to the standards of each country.

Middle Point, End of the Road or Just the Beginning? Anticorruption Efforts, Failures and Promises at the United Nations

Although first noted discussions at the United Nations (UN) level about corruption are reaching their 50th anniversary, the core of the UN activity against corruption has taken place in the last quarter of a century. The 2021 special debate at the UN General Assembly was an opportunity for the institution to pause and reflect about its role over this period in the international fight against corruption. It also presented a (partially missed) opportunity for the UN to renew its commitment and reconsider its approach for the next 25 years. This article provides first an overview of the UN activity against corruption, which relies on two main pillars. On the one hand, the well-known United Nations Convention Against Corruption (UNCAC) in force since 2005, which has received remarkable academic attention and is an example of success in terms of ratifications. On the other hand, the insertion in Sustainable Development Goal 16 of an anticorruption objective (16.5) and its related indicators, which is not as widely acknowledged by anticorruption activists and scholars but serves as a recognition of the importance of tackling corruption in the development context. The article offers a historical contextualisation of both initiatives, analyses this dual approach and explores the impact of these initiatives in the global and domestic contexts. Based on previous research from the author, it highlights their joint value as a true global statement against corruption and an authoritative recognition of its damaging effects and their importance for peace, security, development, human rights and human wellbeing. The article presents, nevertheless, a critical analysis showing their shortcomings and the lack of a real effect of these instruments in overcoming or at least reducing corruption and kleptocracy at the international level. It proposes three different avenues within the UN mandate and fields of action that could guide newer initiatives. First, it explores the possibility of individual (non-criminal) ‘smart’ sanctions, modelled on the counter-terrorism regime driven by national governments, but assisted by United Nations Office on Drugs and Crime (UNODC). Second, the article considers how the economic and trade dimension of the UN, especially at the regional economic commissions level, could be reinvigorated with a mandate to tackle corruption through economic instruments. Third, it analyses how an optional protocol to the UNCAC could give more ‘teeth’ to the Convention. The general conclusion is that the UN, within its existing powers, has significant potential to take anticorruption initiatives a step further as the current ones have almost exhausted their shelf life.

Extraditing Persons from Italy to Vatican City: Chimera or Real Possibility?

In the course of the last year Italy was confronted with the unusual request from the Vatican City to extradite an Italian national to face charges of embezzlement and misappropriation of Holy See funds. The Holy See requested the extradition of Cecilia Marogna, a self described intelligence analyst and private spy from Sardinia, who worked for Cardinal Angelo Becciu, a senior Vatican official who was demoted over embezzlement claims. The case has received considerable press coverage and attention through print and online media worldwide, not least because of its numerous twists and turns such as the arrest of Marogna in Milan on an Interpol warrant issued at the Holy See’s request, the sudden drop of the extradition request by the Vatican authorities, and Italy’s highest court ruling thatCecilia Marogna never should have been arrested before a court evaluated whether she could be extradited. The aim of this Article is to explore whether the extradition of an Italian national, from Italy to the Vatican, unlike what has been claimed by Marogna’s defense lawyers and implicitly accepted by the Vatican authorities that dropped the extradition request, is instead possible. The thesis defends this possibility regardless of the absence of a bilateral extradition treaty between Italy and the Vatican and of an ad hoc extradition agreement between Italy and the Holy See. But this is only provided that the request for extradition concerns an Italian citizen convicted or accused of corruption-related crimes like Cecilia Marogna. This Article will proceed as follows: after an introduction,Section 1 will discuss and reject an argument that infers a prohibition of extradition from Italy to the Vatican from the wording of Article 22 of the Lateran Treaty of 1929. Sections 2 and 3 will consider and exclude that an obstacle to extradition from Vatican City to Italy may be inferred from the poor quality of the criminal justice system in Vatican City or from the authoritarian character of the Vatican’s internal legal order that is only presumed but not demonstrated. Finally, Section 4 will claim and argue that a proper duty toextradite persons not only from the Vatican to Italy but also from Italy to the Vatican should be inferred from Articles 43 to 49 of the United Nations Convention against Corruption (UNAC) of which both Italy and the Vatican City/Holy See are bound as contracting parties.

Rights to free from corruption: A vernacular mobilization of anti-corruption movement in Indonesia

This study examines how the non-governmental organizations (NGOs) in Indonesia built anti-corruption movements despite the constraining sociopolitical context in Indonesia. Applying collective action framework, this research argues that NGOs translate, transform, and circulate the meaning of anti-corruption activism set in the United Nations Convention against Corruption (UNCAC) into an appropriate environment. The translation results in rights consciousness through redefining the meaning of corruption, victimization of corruption, mainstreaming anti-corruption techniques, circling the human rights frame through capacity-building training, and multiplying the task of vernacularization to local NGOs. This research selected Indonesia Corruption Watch (ICW) as a case study, examined their article of association, annual report, program report, and their educational campaign. Interview conducted with participants of their educational program. The data analyzed using discourse analysis to see how ICW problematizes and prognose corruption, and identifying the key framing of their activity. The study contributes to the scholarship of Indonesian social movements that were paying more attention to the efficacy and evaluation of NGOs movement rather than the process of how they built the movement. This study also argues that in the absence of leftist politics, human rights discourse is applicable to articulate justice demands and mobilize citizens for liberal reforms.

Preventing bribery in the private sector through legal reform based on Pancasila

As a participating country in the United Nations Convention Against Corruption (UNCAC) 2003, Indonesia is one of the state parties that has signed and ratified the UNCAC 2003 conference. Indonesia has the right not to comply with the arrangements in UNCAC 2003 fully. Still, looking at the current conditions, the losses caused by bribery in the private sector are about material loss, creating inefficiency, increasing crime, slowing down economic growth, worsening the image or reputation of Indonesia in the national/international investment climate so that it becomes an urgent thing to pay attention to. The research method used is the normative legal method in the form of library research carried out by collecting secondary, and tertiary legal materials. The technique of collecting materials used in this research is a literature study. The collected materials were analyzed qualitatively, and the authors used content analysis to classify legal materials. The results of this study indicate that bribery in the private sector must be immediately regulated in the rules regarding corruption in Indonesia, especially in the face of the industrial revolution era 4.0 and society 5.0 so that there is no legal vacuum that can be used by criminals to commit corruption. However, to make rules regarding the prevention and control of bribery in the private sector, it is mandatory to follow Pancasila (Indonesian ideology) and not leave the values of Pancasila as a source of importance in the life of the Indonesian nation.

PREVENTION OF BRIBERY IN THE PRIVATE SECTOR IN INDONESIA ACCORDING TO THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

Acts of corruption in the private sector regulated within UNCAC include illicit enrichment, embezzlement of wealth in the private sector, bribery in the private sector, and trade in influence. The focus of the problem in this study is how to prevent and eradicate bribery in the private sector as a crime of corruption in Indonesia according to the United Nations Convention Against Corruption (UNCAC). Based on the results of the study it is understood bribery as part of the fraud is a crime that often occurs in organizations both government and private parties in certain activities. Fraud in the form of bribes is caused by several elements, among others; Pressure pressure is an encouragement to commit fraud (Fraud) on employees (employee Fraud) and by managers (management Fraud) and encouragement, Opportunity. There needs to be an understanding from law enforcement officials that the use of private sector bribery in Indonesia is an act of bribery as stipulated in the Law on Bribery Where the Law can be used to ensnare bribery perpetrators in the private sector. Keywords: Prevention and Eradication of Bribery, Private Sector, United Nations Convention Against Corruption (UNCAC).

UNCAC aided information sharing (cooperation): an Indian experience

PurposeThis paper aims to investigate the obstacles to the sharing of information, as envisaged in the United Nations Convention against Corruption (UNCAC), and therefore, its accessibility to developing countries. The findings of this paper could help States to limit corruption in interstate interactions and civil society groups calling for measures that can help assess potential corruption.Design/methodology/approachThis research is based on qualitative analysis – usual normative analysis was undertaken in law and economics. For this purpose, an analysis of the literature on cooperation generated by the UNCAC and State practice within defence deals was undertaken.FindingsIt is found that States where defence manufacturers reside can prevent information sharing and thereby hinder investigations against corruption. It is found that defence importing States can overcome the limitations of the UNCAC, to enforce information sharing, by including guarantees into their contracts.Originality/valueAs research on information sharing practices of States are scarce or non-existent, this paper contributes to the literature on this aspect of cooperation envisaged in the UNCAC. Further, this paper elaborates on what States could do to limit non-cooperation in the sharing of information.

Revisiting the Penalty of Illicit Enrichment Crime in Ethiopia: Lessons from Hong Kong and Rwanda’s Legal Experiences

The crime of illicit enrichment has been widely accepted as a useful mechanism for curbing corruption and established in many international and regional anti-corruption instruments such as United Nations Convention Against Corruption (UNCAC), African Union Convention on Preventing and Combating Corruption (AUCPCC), and Inter-American Convention Against Corruption (IACAC).These conventions encourage states parties to criminalize it as part of efforts to fight against corruption crimes. Accordingly, the crime of illicit enrichment is prescribed under Article 21 of the Corruption Crimes Proclamation No. 881/2015 of the Ethiopia. This provision is designed to combat and prevent corrupt practice in public and private sectors. The main objective of this paper is to comparatively analyze the rationality and appropriateness of the penalty provided for illicit enrichment crime in Ethiopian Corruption Crimes Proclamation in comparison with Hong Kong and Rwanda’s legal regimes in order to draw some best lessons and way forwards for the identified problems. The paper found that the Ethiopia Corruption Crimes Proclamation fails to set a minimum limit of penalty and entails severe punishment in terms of imprisonment and fine that can convey a meaningful message to potential offenders. Thus, the penalty provided for crime of illicit enrichment is designed in a manner in which the person who commits such crime has the chance to be less punished. In effect, this provision is not only inconsistent with the purpose of criminal law and major sentencing principles, but it also degenerating public confidence in the justice system. Therefore, Ethiopia needs to take a lesson from the experiences of the Hong Kong and Rwanda in incorporating severe and setting minimum limit of penalty for crime of illicit enrichment that can convey a meaningful message to potential offenders. And also, the lawmaker’s should amend and redesign the provision with the appropriate penalty. Keywords: Corruption, Corruption Crimes Proclamation, Illicit Enrichment crime, Penalty, Punishment DOI: 10.7176/JAAS/70-03 Publication date: January 31 st 2021

Legal and Institutional Framework for Prevention of Corruption in Pakistan in Compliance with the United Nations Convention against Corruption (UNCAC)

Legal and Institutional Framework for Prevention of Corruption in Pakistan in Compliance with the United Nations Convention against Corruption (UNCAC)

Alpha FTS Submission to the UNGASS Against Corruption 2021

Proposal to the United Nations General Assembly Special Session Against Corruption 2021: Receivership without disposition for recovery of qualified assets. Polytechnic Engineering education and concept introduction for Multilateral PMO establishment. Alpha FTS would like to thank the United Nations Convention against Corruption (UNCAC) Conference of State Parties and the United Nations Office on Drugs and Crime (UNODC) for the opportunity to participate in this important consultation process in preparation for the UN General Assembly Special Session against Corruption 2021 (UNGASS 2021).