Corruption Prevention in Legislative Drafting in Indonesia

Corruption not only happens in the implementation of legislation or policy (administrative corruption) but also in the process of legislative drafting (state capture). Since the establishment of the Corruption Eradication Commission (KPK), many members of the House of Representatives (DPR), the Regional Legislative Council (DPRD), or government officials have been arrested and convicted of criminal acts due to legislative corruption. In legislative corruption, the actors involved consist of the interest parties and lawmakers. The interest parties attempt to obtain political, economic, and social benefits (supernormal profits) from the formulated legislation. To the same extent, the lawmakers expect the money or other personal benefits from the interest parties in return for the assistance given. Legislative corruption will lead to disorganized policy implementation, loss on the national economy, public distrust of the law-maker institutions, and long-term effect of distrust of law and democracy. Several prevention strategies of legislative corruption can be employed by improving four principles of legislative drafting: management, professionalism, justification, and public participation.

The Study of Implementation Effectiveness in the Various Criminal Law Policies During the Covid-19 Pandemic

There are various pros and cons to the criminal law policies by the Indonesian government in the context of dealing with covid 19. So it is necessary to have a study related to the effectiveness of implementing these various policies. The author's background is to discuss the formulation of the problem in this article: What is the criminal law policy during the covid 19 pandemic? And how is the effectiveness in the implementation of these policies? This article uses a normative juridical research method that examines various positive laws from the applicable laws and regulations, and then it is analyzed in analytical descriptive. The Indonesian government has established various policies to prevent the covid 19 transmission. The guidelines consist of: the formation of various legal regulations related to the covid pandemic; a policy of criminal sanctions for violators of social policies during the covid 19 pandemic; prisoner assimilation policy; electronic trial of criminal cases during the covid 19 pandemic; corruption prevention policies; policies on workplaces in public areas. Regarding the effectiveness of implementing these policies, it can be said that the execution tends to be less optimal because the policies are contrary to one another. So this article provides suggestions to the government and the community should have mutual support for the implementation of criminal law policies during the COVID-19 pandemic can be effective.

Ukrainian Constitutional Court: Attacks and Backlash

This article intends to analyze Ukraine’s Constitutional Court in the light of the tolerance interval theory and the backlash thesis, through a case study, which is, the decision issued on October 27, 2020, that held unconstitutional part of the powers of the National Agency for the Corruption Prevention (NAPC). Three comorbidities — particular conditions that weaken the court and render it vulnerable to attacks — in the Ukrainian system are presented: Ukrainian democracy, autocracies tendencies in the presidency, and lack of public confidence in the judicial system. Through the adoption of a Comparative Constitutional Law approach, an index measuring the impact of the ruling is developed and calculated, allowing a comparison of the consequences to other notable controversial rulings in the world. After discussing the findings, the article concludes with some reflections and predictions on the longevity of the Ukrainian Constitutional Court.

Can Latin America AML effectiveness impact corruption prevention?

Purpose The purpose of this paper is to analyze the effectiveness of the Financial Action Task Force (FATF’s) recommendations in Latin America in the fight against Money Laundering (ML) through the Immediate Outcomes 4 (Preventive Measures) and 6 (Financial Intelligence) and the relationship between anti-money laundering (AML) effectiveness and anti-corruption measures. Design/methodology/approach Through quantitative and quality methods measure the performance of the Immediate Outcomes’ levels in compliance with the established FATF’ standards; The objective is to analyze progress in the prevention and identification of ML. Findings The authors discuss the relationship between AML effectiveness and anti-corruption measures starting with the analysis of the best-ranked country in these indicators (IO4 and IO6). Research limitations/implications Mutual evaluations require a long process, which is why the authors do not have all the updated data for all the Latin American countries; only the updated Immediate Outcomes data up to September 16, 2021, are taken. This paper is part of the Research Project “The impacts of corruption in the Western Hemisphere and regional responses.” Originality/value Through a multidisciplinary analysis, the Immediate Results evaluation model is prioritized to measure the effectiveness of the methods applied in Latin America through the IO4 and IO6. The model that presents the best effectiveness is selected and the successes that this country is applying over its peers are analyzed. From this analysis, a quantitative and qualitative analysis can be appreciated.

Crime and corruption prevention objects

Under today’s conditions, humanity and all social and state formations, including Ukraine, as part of the world order, is experiencing many changes: we are in a radically new political, economic, spiritual and ideological situation compared to the end of the twentieth century; its main features are socio-economic stagnation, political, cultural, educational and moral-psychological uncertainty, activation of old and the emergence of new stressors at the level of both individual and group (and even mass) consciousness. The complexity and contradictions of socio-economic and political development of our country necessitate the theoretical understanding and development of scientifically sound tools with which to make more effective the process of social interaction, non-criminogenic development of society, crime prevention and counteraction. Without theoretical knowledge that directly serves a specific state-building practice, it is impossible to fulfill a strategic task - to build a democratic state and civil society in Ukraine. Scientists rightly point out that the current criminal situation is characterized by new types of crime, dynamism of development, unpredictability of changes, spread of organized forms and professionalism and the inability of the state to resist corruption necessitates the effectiveness of the fight against crime. The purpose of this article is to study the objects of crime and corruption prevention, to determine their essential characteristics and to separate them from other objects of social reality. The methodological basis of the work is the dialectical method, the application of which allows to study the object and subject of research in their epistemological unity, relationship, as well as differences. The technique used in writing the article consists of several basic methods of scientific knowledge. Using the historical method, historical and general theoretical questions of the essence of the object of crime prevention and corruption are clarified. The use of methods of analysis and synthesis made it possible to separate the objects of prevention from other objects of social reality - this was also facilitated by the use of the structural-functional method. These methods also allowed to investigate the theoretical views on the nature and elements of the object of crime and corruption prevention. The logical-semantic method was used to determine the relationships and mutual influences of crime prevention and corruption objects with other objects. Scientific abstraction and generalization of scientific and theoretical information as a process of establishing general properties and signs, allowed to reach and formulate final conclusions on the subject of research. Based on the considerations set out in the article, it can be noted that the objects of preventive influence on the prevention of crime and corruption are negative phenomena and processes of reality of material or spiritual nature, which lead to causes and conditions conducive to crime. This should keep in mind the properties that are common to such objects, namely: criminogenicity; dynamism; potentiality; latency. Separate objects are objects of victimological influence. Information sources of various origins are covered, which testify to the origins of mass, group, individual victimization and the presence of dangerous victimhood at these levels, to which the theory and practice of victimological crime prevention are directed. , and the special objects of victimological prevention are social and psychological factors of victimization and victimhood as objects of preventive victimological influence at the individual level. Specific objects are the objects of influence in the prevention of corruption, which include: corruption-causing factors; corruption risks in the activities of public authorities, local governments, legal entities of public and private law and their officials; illegal behavior of officials and officials of public authorities and local governments. Thus, a deep and comprehensive knowledge of the nature of criminogenic objects, their scientific, historical and epistemological research will serve as a basis for understanding the danger of this social phenomenon and finding appropriate effective methods, tools and measures to influence it. The state must prevent crime by influencing certain criminogenic objects, which in essence will be the object of crime and corruption prevention at various levels of preventive activities – general social, special criminological, individual, as well as in the implementation of victim prevention measures

Anti-corruption expertise of regulatory legal acts and their projects in the Russian Federation

The article examines the problematic issues of organizing and conducting anti-corruption expertise of regulatory legal acts and their projects in the context of the implementation of the state anti-corruption policy. The main approach to the study of the problems identified in the work is a scientifically-oriented desire to use a set of relevant modern methods of obtaining new knowledge in combination with the use of general scientific and private scientific methods that allow comprehensively considering the most important theoretical and practical aspects of the impact of anti-corruption expertise of regulatory legal acts and their projects on improving the effectiveness of corruption prevention in the context of the legal relations studied in the work. The problematic issues of organizing and conducting anti-corruption expertise of regulatory legal acts and their drafts have been outlined, mechanisms for improving modern domestic legislation, and the practice of its application in the studied area have been analyzed and substantiated.

PkM Implementasi Tata Nilai-Nilai Integritas Akademisi berbasis Sistematika Penyuluh Antikorupsi bersama LSP P3 Pembangun Penyuluh Integritas Bangsa: Studi Kasus Pembentukan Zona Integritas di Provinsi DKI Jakarta

Purpose: This Community Service (PKM) aimed to strengthen integrity values by taking preventive measures and promoting educational programs about the dangers of corruption, its causes, and systematic prevention. Method: This PKM was delivered to the academic community, consisting of Chancellors, Deans, Lecturers, and Students at several campuses throughout the DKI Jakarta Province. This PKM activity was made possible through the PSKK Grant (Work Competency Certification Program) under BNSP. Results: The added value of participating in the Anti-Corruption Instructor BNSP Certification Program is not only effective at systematic socialization of corruption prevention, but also serves as a Certificate of Companion Diploma (SKPI) for students, lecturers, deans, and rectors. Additionally, according to the survey’s graph, recipients of the BNSP Certificate quickly get hired.

Advancing Applied Research in Conservation Criminology Through the Evaluation of Corruption Prevention, Enhancing Compliance, and Reducing Recidivism

Concomitant with an increase in the global illegal wildlife trade has been a substantial increase in research within traditional conservation-based sciences and conservation and green criminology. While the integration of criminological theories and methods into the wildlife conservation context has advanced our understanding of and practical responses to illegal wildlife trade, there remain discrepancies between the number of empirical vs. conceptual studies and a disproportionate focus on a few select theories, geographical contexts, and taxonomic groups. We present three understudied or novel applications of criminology and criminal justice research within the fields of fisheries, forestry, and wildlife conservation. First, we highlight criminological research on the application of corruption prevention in combating the illegal wildlife trade. Corruption has increasingly been getting attention from the non-governmental sector; however, there has been limited research aimed at understanding institutional opportunity structures, local conceptualizations of corruption, and the corresponding prevention strategies within conservation contexts. Second, we discuss the pre-emptive application of compliance theories when designing and monitoring Community-Based Conservation (CBC) programs such as community forestry, non-timber forest products, and community patrol programs. Applying opportunity theory and social development strategies are two suggestions to improve the effectiveness of CBCs in forestry and beyond. Finally, we present a discussion on recidivism (i.e., repeat offending) and non-instrumental or novel responses, utilizing illegal fishing as a case study. We present two alternative methods to traditional forms of punishment: restorative justice and community-based approaches. Lastly, we will present a diversity of priority research agendas within each of these topics.

Corruption Prevention through Community Organizing:

Engaging citizens through a community-based organisation is not a newphenomenon. Research around the world has shown that citizenengagement is one of the most significant ways of combating corruption and promoting good governance. Transparency International Bangladesh (TIB) is undertaking similar types of activities through the Committee of Concerned Citizens (CCCs) and Youth Engagement and Support (YES) Groups. The question is, how much difference is it making in society vis-à-vis preventing corruption? Considering TIB as a case study drawing in-depth interviews, participation observation and document analysis, this paper has found that both CCCs and YES activities are dominated by coercive and mimetic isomorphism to prevent corruption. Second, TIB has managed to create awareness through engaging citizens, the whole process as a ‘tortoise movement.' This suggests that the movement against the corruption of these groups is prolonged and time-consuming, and more importantly, it does not make ‘direct impact’ on service delivery. Third, it also suggests that donor-driven ‘isomorphic’ approach may prove to be less effective, considering the societal context of Bangladesh. Finally, this paper also identified some loopholes that are mainly linked with the ‘tortoise movement.

Administrative-legal means of legal regulation prevention of corruption in Ukraine

The purpose of the article is to define the concept and features of administrative and legal means of legal regu-lation of corruption prevention. It is substantiated that the administrative and legal means of preventing corruption is an integral part of legal reg-ulation. The use of these funds is conditioned by the goals of preventing corruption, which are divided into strategic and tactical. The essence of administrative and legal means of preventing corruption is considered in accordance with the regulatory, institutional, instrumental, normative, managerial, activity and state-centered approaches. Ac-cording to the regulatory aspect, administrative and legal means of preventing corruption are understood as a means of streamlining public relations and a way for the subjects of anti-corruption activities to exercise their powers. In the institutional aspect, these means should be understood as a set of bodies and their officials determined by legis-lative and subordinate legal acts, whose powers include the prevention of corruption, as well as the competence of these entities. In the instrumental aspect, administrative and legal means of preventing corruption are technologi-cally legal techniques and methods of implementing administrative and legal regulation in the studied area, as well as algorithms for the application of these techniques and methods. In the normative aspect, the investigated means represent a hierarchically structured set of legislative and subordinate legal acts, including international legal acts that have been ratified, approved or adopted in accordance with the established procedure. In the managerial aspect, administrative and legal means of preventing corruption are a set of managerial actions and decisions of a nation-wide, sectoral and intradepartmental nature aimed at creating organizational, personnel, financial, material and other conditions for the effective prevention of corruption by the subjects of this activity. In the activity aspect, the investigated means represent a set of legal and extra-legal actions of the subjects of preventing corruption, aimed at achieving the goals and objectives set in the anti-corruption program documents in accordance with the established deadlines and stages. The state-centered aspect encompasses a set of ways to preserve the interests of the state, which include preventing corruption in comparison with the interests of a number of officials to preserve their right to privacy of information about their property, income and expenses, to combine some positions and professions, and the like.The set of administrative and legal means, united by specific goals of law enforcement and directed by the will of the subject of legal relations, is an organic part of administrative and legal regulation. However, the phenomenon of administrative-legal regulation is not limited to administrative-legal means, its integral parts are also the purpose, principles, methods, and also other elements that are distinguished by various researchers.