Os Programas de Integridade no Combate à Corrupção e Sua Relevância no Âmbito dos Conselhos de Fiscalização Profissional

Objective: The goals of this research are to analyze and formulate law enforcement strategies in overcoming money laundering cases resulting from transnational corruption in Indonesia. Transnational corruption and money laundering are important issues that can weaken the economic and social structure of a country, including Indonesia. These crimes create complex networks that exacerbate corruption problems, undermine state legitimacy and facilitate other illegal practices. Method: This study uses a normative juridical approach, namely legal research that aims to find principles, norms or das sollen. The main data sources are primary and secondary legal materials in the form of regulations and literature relevant to the research topic. Result: This research shows that law enforcement strategies against money laundering proceeds from transnational corruption in Indonesia should involve four main elements: law and regulatory reform, law enforcement capacity building, increased international cooperation, and greater public participation Conclusion: The contribution of this research and par can provide recommendations to various stakeholders and eradicate this criminal act, despite challenges in implementation, this strategy is important to increase the effectiveness of law enforcement and encourage better governance.

Section: Theoritical Frameworkmentioning

confidence: 99%

Law Enforcement Strategies for Transnational Money Laundering Corruption Crimes in Criminal Law Reform in Indonesia

Kartika,

Furqoni,

Jaya

et al. 2023

“…Numerous studies have suggested that the quality of public governance including the level of corruption have a negative effect on economic development, being an impediment to increasing investments (Mauro, 1995;Paldam, 2002;Gundlach & Paldam, 2009;Franco de Lima & Maciel-Lima, 2021), absorption of European funds (Achim & Borlea, 2015;Incaltarau et al, 2020), business development and performance (De Rosa et al, 2010;Achim, 2017), and, finally on economic and sustainable development (World Bank, 2009;Hoinaru et al, 2020;Teixeira & Rodrigues, 2021).…”

Section: Literature Reviewmentioning

confidence: 99%

The impact of fraud and corruption on the level of absorption of EU funds (2014-2020)

Roman,

Popescu,

Achim

2023

Background: Fraud and corruption in connection with European funds allocated to the Member States of the European Union have always been a source of concern for those directly involved in this process. In view of the huge sums of money made available for the next period (EUR 1,824.3 billion), these concerns are taking on new dimensions. Objective: This paper examines the extent to which the level of fraud reported by Member States in relation to European funds in the 2014-2020 period, as evidenced by the Commission's annual reports on the protection of the EU's financial interests (PIF reports), and the level of corruption as shown by the World Bank is connected with the level of absorption rate of these funds during the same period. The main purpose was to determine the link between these data, respectively to what extent the (reported) level of fraud and the (estimated) level of corruption influences (and in what way) the level of the absorption rate. Method: Using descriptive statistics, the paper analyses the rates reported by the Commission and the Member States on the level of absorption of European funds, both by reference to an objective indicator, namely the number of fraud reported by Member States, as evidenced by the 2014-2020 PIF reports, as well as by reference to a subjective, perception-based indicator, namely the World Bank corruption measurement index - Control of Corruption calculated at the level of each Member State in the period 2014-2020. Subsequently, in order to verify the robustness of this relationship, these data are analyze in STATA. Our conclusions: confirm that for the period 2014-2020, the level of absorption of European funds is negatively influenced by corruption. An element of novelty is the fact that an objective indicator has been included in this equation, consisting in the number of frauds reported by the states regarding these funds. We noticed, that the level of absorption rate is better explained by an objective indicator (in this case The European Funds Fraud Index) than a subjective fraud indicator (in this case the Control of Corruption). Therefore, when analyzing the cause of EU funds absorption rates, it would be advised to look for and construct indicators that rely on facts rather than perception.

“…In formulating a law, of course, it must go through a criminalization process, namely determining whether an act that was not initially a criminal act is then made into a criminal act. Every act that is criminalized must of course consider many things because the criminalization process is a central problem in criminal policy, apart from the problem of determining the sanctions that should be imposed (Suartha et al, 2022;Teixeira & Rodrigues, 2021).…”

Section: Introductionmentioning

confidence: 99%

The Crime of Corruption Codified in Law Number 1 of 2023

Widijowati

2023

Objective: This research aims to analyze changes in criminal law, particularly in the context of corruption, within the new Criminal Code in Indonesia. It explores the reasons behind the rejection of certain provisions in the new Criminal Code, especially those related to the punishment for corruption offenses. Theoretical Framework: The theoretical framework of this research is rooted in the field of criminal law and legal reform. It considers the evolution of criminal law in response to societal needs and expectations. The study also examines the principle of proportionality in criminal sentencing, particularly concerning corruption offenses. Method: This research adopts a normative legal research approach, relying on an analysis of existing legal texts and previous studies related to criminal law in Indonesia. The primary data sources include statutory laws in Indonesia, while secondary data sources consist of scholarly works and legal analyses. Result and Conclusion: The findings of this research reveal that the rejection of the new Criminal Code is primarily due to the removal of specific articles related to corruption. In the new Code, corruption offenses are no longer categorized as extraordinary crimes but are treated as ordinary offenses, akin to theft. This shift has implications for law enforcement authorities, such as the police, the prosecutor's office, and the Corruption Eradication Commission, as it blurs the lines of their jurisdiction and responsibilities in addressing corruption. Originality/Value: This research contributes to the understanding of the legal changes brought about by the new Criminal Code in Indonesia, with a specific focus on corruption offenses. It highlights the concerns and implications of categorizing corruption as an ordinary offense, potentially impacting the effectiveness of anti-corruption efforts. The study's value lies in its ability to inform policymakers, legal practitioners, and scholars about the complexities surrounding criminal law reform and its consequences in the context of corruption.