‘Unlawfulness’ and Corruption Under Indonesian Law

Abstract:     
The Indonesian Anti-Corruption Commission (Komisi Pemberantasan Korupsi, or KPK) and Anti-Corruption Court (Pengadilan Tindak Pidana Korupsi, or Tipikor Court), both established in 2003 and reputedly corruption-free, have been making steady progress in the investigation, prosecution and conviction of those involved in corruption. The KPK has successfully investigated and prosecuted a variety of officials, ranging from mid-level prosecutors and senior civil servants to provincial governors and even national parliamentarians. The Anti-Corruption Court, part of Indonesia’s general courts but with three non-career judges on each five-member panel, had, at time of writing, heard over 100 corruption cases and had maintained a 100% conviction rate. These are significant achievements in a country which has been traditionally considered to have some of the world’s most corrupt institutions – including those institutions entrusted with enforcing the law. However, the future success of this drive appears to be in jeopardy, largely because decisions of Indonesia’s Constitutional Court have cast doubt upon, and even invalidated, aspects of Indonesia’s purpose-built legal framework for handling corruption cases. This article discuses some of the Constitutional Court decisions.

Number of Pages in PDF File: 30

Keywords: corruption, judiciary, law, Indonesia

JEL Classification: K10, K30, K33

Accepted Paper Series