Download PDF by Simon Butt: Corruption and Law in Indonesia

By Simon Butt

ISBN-10: 0415679346

ISBN-13: 9780415679343

Indonesia has remodeled from considered one of South East Asia’s such a lot repressive and centralised political structures to its so much decentralised and democratic. regardless of this, stumbling blocks nonetheless stay that prevent Indonesia attaining the ‘rule of law’, and specifically, the rustic is continually ranked as having one of many optimum degrees of corruption on the earth. This ebook assesses Indonesia’s anti-corruption reforms over the last decade, concentrating on the Anti-corruption fee (KPK) and the Anti-corruption court docket (ACC).

The e-book discusses how either associations were principally profitable seeing that they started working on 2004. sooner than 2008, the KPK and ACC mostly curious about mid-senior point ambitions and confronted resistance essentially within the kind of constitutional demanding situations to their jurisdictions and powers. From 2008, despite the fact that, the KPK all started concentrating on politically-powerful figures, drawing resistance that now threatens the long run efficacy of either associations. it's principally in Indonesia’s courtrooms and lawmaking associations that key battles among reformists and people who prefer the established order have performed out. This publication describes and analyses those judicial strategies and criminal adjustments. It exhibits that regardless of chronic claims that Indonesia’s felony approach is dysfunctional, legislation is much from inappropriate in modern-day Indonesia. The publication is an invaluable contribution to South East Asian politics and Asian law.

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Sample text

Further, KPK pro­secu­tors must proceed to trial within 14 days of receiving a complete case file of evid­ence from investigators. Corruption, the KPK and the ACC 31 Obli­ga­tions (Articles 5, 15, 20). The KPK must: • • • • protect witnesses and informants; provide in­forma­tion to the com­mun­ity about the corruption cases it has prosecuted; subject itself to performance appraisals; and prepare annual reports and fin­an­cial acquittals and present them to the President, national par­lia­ment and National Audit Board.

In desperation, he approached Attorney-­General Marzuki Darusman and Soetjipto who promised him immunity from pro­secu­tion if he formally reported the judges. The Joint Team began preparing the case against the judges. However, before this case could be heard, the judges reported Endin to the police, alleging defamation. Endin was quickly tried, convicted and sentenced to three months’ jail, suspended for six months. In the meantime, the TGPTK-­led pro­secu­tion of the three judges was thrown out of court in highly ques­tion­able pre-­trial (pra-­peradilan) proceedings.

This pro­cess took between four and six months in the 2003 and 2007 commissioner selection rounds and to replace Antasari in 2010 (Schütte 2011). The selection pro­cess has been criticised, par­ticu­larly for giving the ‘final say’ on appointments to parlia­ment­arians and the pres­id­ent, whom the KPK can investigate and pro­sec­ute. Concerns have, quite rightly, been raised that they might select only can­did­ates who have committed to refrain from pursuing them. Yet it is hard to ima­gine a pro­cess more rigorous and pub­lic.

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Corruption and Law in Indonesia by Simon Butt


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