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This book examines the cases of implementation failure of the Indonesian Anticorruption Law 1971 of the authoritarian New Order regime, and of the Anticorruption Law 1999 of the democratic Reform Order regime. It investigates to what extent and for what reasons the implementation of these Laws failed to attain the policy objectives of eradicating corruption in the public sector under the two different political systems. The book concludes that combating corruption in a developing country undergoing political transition from an authoritarian to a democratic political system is problematic and difficult. When corruption has systematically infected and distorted the institutional structures and processes of the government, in particular the law enforcement mechanisms, implementing anticorruption laws is expected to be suboptimal and subsequently fail. To overcome this problem, the factors contributing to the policy implementation failure must be eliminated.
A volume in Research in Public Management This book examines the cases of implementation failure of the Indonesian Anticorruption Law 1971 of the authoritarian New Order regime, and of the Anticorruption Law 1999 of the democratic Reform Order regime. It investigates to what extent and for what reasons the implementation of these Laws failed to attain the policy objectives of eradicating corruption in the public sector under the two different political systems. The book concludes that combating corruption in a developing country undergoing political transition from an authoritarian to a democratic political system is problematic and difficult. When corruption has systematically infected and distorted the institutional structures and processes of the government, in particular the law enforcement mechanisms, implementing anticorruption laws is expected to be suboptimal and subsequently fail. To overcome this problem, the factors contributing to the policy implementation failure must be eliminated.
This book presents a radically new approach of how societies can bring corruption under control. Since the late 1990s, the detrimental effects of corruption to human well-being have become well established in research. This has resulted in a stark increase in anti-corruption programs launched by international organizations such as the World Bank, the African Union, the EU, as well as many national development organizations. Despite these efforts, evaluations of the effects of these anti-corruption programs have been disappointing. As it can be measured, it is difficult to find substantial effects from such anti-corruption programs. The argument in this book is that this huge policy failure can be explained by three factors. Firstly, it argues that the corruption problem has been poorly conceptualized since what should count as the opposite of corruption has been left out. Secondly, the problem has been located in the wrong social spaces. It is neither a cultural nor a legal problem. Instead, it is for the most part located in what organization theory defines as the 'standard operating procedures' in social organizations. Thirdly, the general theory that has dominated anti-corruption efforts -- the principal-agent theory -- is based on serious misspecification of the basic nature of the problem. The book presents a reconceptualization of corruption and a new theory -- drawing on the tradition of the social contract - to explain it and motivate policies of how to get corruption under control. Several empirical cases serve to underpin this new theory ranging from the historical organization of religious practices to specific social policies, universal education, gender equality, and auditing. Combined, these amount to a strategic theory known as 'the indirect approach'.
The OECD Public Integrity Handbook provides guidance to government, business and civil society on implementing the OECD Recommendation on Public Integrity. The Handbook clarifies what the Recommendation’s thirteen principles mean in practice and identifies challenges in implementing them.
A passionate examination of why international anti-corruption fails to deliver results and how we should understand and build good governance.
Aid agencies increasingly consider anti-corruption activities important for economic development and poverty reduction in developing countries. In the first major comparative study of work by the World Bank, the European Commission and the UNDP to help governments in fragile states counter corruption, Jesper Johnsøn finds significant variance in strategic direction and common failures in implementation.
Corruption is perversely useful. It helps both those in government, and those opposing it. Consequently, eliminating it is difficult.
This study comparatively examines the cases of implementation failure of the Anticorruption Law 1971 of the authoritarian New Order regime, and of the Anticorruption Law 1999 of the democratic Reform Order regime, in Indonesia. It investigates to what extent and for what reasons the implementation of these Laws failed to attain the policy objectives of eradicating corruption in the public sector. The research employed a case study approach, interviewing 67 key informants, including law enforcers in nine provinces, and surveying 253 university students in law and government at 13 universities.
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
This book provides a systematic analysis of how the understanding of corruption has evolved and pinpoints what constitutes corruption.