International Cooperation in Asset Recovery

Brun, Jean‐Pierre; Gray, Larissa; Scott, Clive; Stephenson, Kevin

doi:10.1596/9780821386347_ch07

Cited by 6 publications

(8 citation statements)

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“…According to the 1994 World Bank report in Lopes et al (2023), the quality of governance is focused on the existence of a transparent process, including a bureaucracy that is run with a professional ethos, a government that is accountable for its actions, and a strong civil society that is involved in the public sector affairs that act based on the supremacy of law. The rule of law will depend on the laws and regulations of the jurisdiction involved in the investigation, as well as international or bilateral conventions and agreements (Brun et al, 2011).…”

Section: Quality Of Governancementioning

confidence: 99%

Key Factors to Increase the Role of the Prosecutor’s Stolen Asset Recovery Agency in Indonesia: Opportunities and Challenges

Wibisana,

Hasbullah

2024

BLR

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The seriousness of the problem of corruption and the need to combat the bad impacts of corruption and efforts to recover assets resulting from corruption is a very strategic and important issue in various countries in the world, and also in Indonesia. This research aims to explain the key factors in increasing the role of the Prosecutor's Stolen Asset Recovery Agency in Indonesia as opportunities and challenges. This research method uses a normative juridical approach, and the type of research carried out is a qualitative approach to produce descriptive data. Data collection techniques were carried out through literature studies, and primary, secondary and tertiary legal materials from scientific contributions published in academic databases. The results of this research found that judicial and administrative mechanisms are needed to improve the management of assets resulting from corruption by establishing a stolen asset recovery agency, the Prosecutor's Stolen Asset Recovery Agency in Indonesia. This body is a legal tool and institution needed to recover the results of corruption by referring to rules and legislation, the quality of governance, and the quality of internal control, including the existence of an independent supervisor as part of the internal control system. Thus, it is hoped that the results of this research can make a positive contribution to increasing the role of the Prosecutor's Stolen Asset Recovery Agency in Indonesia as a role model for other agencies.

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Section: Quality Of Governancementioning

confidence: 99%

Key Factors to Increase the Role of the Prosecutor’s Stolen Asset Recovery Agency in Indonesia: Opportunities and Challenges

Wibisana,

Hasbullah

2024

BLR

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Section: Corruption Mitigation Initiativesmentioning

confidence: 99%

“…In 2004, the United Nations published its Global Compact to include a 10th “principle” that sent a powerful message to the private sector that is partially responsible for fighting corruption (Brun et al, 2011; UN Global Compact & Transparency International, 2009). The principle stated that “Businesses should work against corruption in all its forms, including extortion and bribery.” The United Nations continues to encourage the private sector to not only prevent bribery, extortion, and other forms of corruption, but also to cultivate strategies and solid programs to tackle it (Brun et al, 2011; UN, 2018). In 2009, the Organization for Economic Co-operation and Development (OECD) released the “Recommendation for Further Combating Bribery of Foreign Public Officials,” or Anti-Bribery Recommendation (OECD, 2009), and made efforts in 2019 to review this policy through broad public consultation (OECD, 2019).…”

Section: Corruption Mitigation Initiativesmentioning

confidence: 99%

Corruption Propensity and Mitigation at Different Phases of Infrastructure Development

Ghahari

Queiroz

Labi

et al. 2023

Public Works Management & Policy

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Corruption is a social evil that resonates far and deep in societies, eroding trust in government, weakening the rule of law, impairing economic development, and exacerbating poverty, social tension, and inequality. Each phase of infrastructure development life cycle has peculiar vulnerabilities to corrupt practices. Pre-emptive identification of avenues for corrupt actions at each phase can serve as a starting point for new initiatives or for renewed reinforcement of existing corruption mitigation programs. The existing literature on corruption does not address the issue from an infrastructure life cycle perspective. The objective of this paper is to identify opportunities at each phase of the infrastructure life cycle where stakeholders and actors can help undertake specific actions to mitigate corruption. The paper’s methodology characterizes corruption and mitigation measures in a framework based on the phases of infrastructure development life cycle and then connects these measures to the relevant actors and stakeholders.

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“…The presumption is rebutted if the lawfulness of the acquisition of the assets can be demonstrated with the highest probability. This standard of proof is lower than the standard required to obtain a criminal conviction, which helps ease the burden on the authorities (Brun et al , 2011). Nevertheless, rebutting the presumption does not necessitate undue and disproportionally difficult efforts by the concerned person[11], and, as a result, the reversal of the burden of proof under LVP does not violate the ECHR.…”

Section: Compatibility Of the New Swiss Law With The European Convention On Human Rightsmentioning

confidence: 99%

Asset recovery: a Swiss leap forward?

Pavlidis

2017

JMLC

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Purpose International asset recovery proceedings may be hindered by several obstacles, especially in the case of “failed states” or of states that experience a regime change. In this context, Switzerland, a country with extensive experience in asset recovery, attempted two legislative leaps forward, the first in 2011 and the second in 2016. The purpose of this paper is to critically examine the legislative innovations in Switzerland, with special reference to their strengths, weakness and compatibility with human rights standards. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data, to analyze two important legislative innovations in Switzerland [Law on the Restitution of Assets of Criminal Origin of 2010 (LRAI) and law on assets of illicit origin (LVP). Findings The two Swiss legislative initiatives that will be examined (LRAI and LVP) are innovative in nature, but serious weaknesses and obstacles to asset recovery remain unaddressed. Despite their flaws, these two legislative innovations can inspire positive change in international and national norms. They can be viewed as part of a work-in-progress for the reinforcement of asset recovery proceedings and international cooperation in this domain. Originality/value Since the new law on asset recovery (LVP) came into force (July 1, 2016), this has been the first study examining the strengths and weaknesses of the adopted text, its compatibility with human rights standards and its potential influence on international standards of asset recovery.

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International Cooperation in Asset Recovery

Cited by 6 publications

References 0 publications

Key Factors to Increase the Role of the Prosecutor’s Stolen Asset Recovery Agency in Indonesia: Opportunities and Challenges

Key Factors to Increase the Role of the Prosecutor’s Stolen Asset Recovery Agency in Indonesia: Opportunities and Challenges

Corruption Propensity and Mitigation at Different Phases of Infrastructure Development

Asset recovery: a Swiss leap forward?

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