The Amendment of Anti-Corruption Law in Indonesia: The Contribution to the Development of International Anti-Corruption Law

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Abstract

The dilemma between human rights protection within the anti-corruption measures in Indonesia finds its culmination in the amendment of Law number 30 of 2002 concerning the Komisi Pemberantasan Korupsi/Corruption Eradication Commission (KPK) in 2019. The Indonesian Parliament passed Law number 19 of 2019 as the amendment of Law number 30 of 2002 with several important changes to the KPK’s institutional structure. This research utilizes a legal doctrinal approach to analyze the changes of KPK law through the lens of human rights and anti-corruption strategies. Both human rights and anti-corruption legal instruments were studied as the foundation of the Indonesia's obligation to design and continually assess the independent anticorruption agency’s capacity to eradicate corruption. The General Comments of the respective human rights body were used to guide the analysis of State human rights obligations. The Indonesian pre-trial case laws were chosen to exemplify the conflict between human rights protection and anti-corruption measures. Based on the analysis, the changes are pivotal to improve the particular vague provisions of Law number 30 of 2002 and flaws within the KPK’s institutional structure. The existence of Law number 19 of 2019 is the first step for the KPK to become a Weberian rational-legal institutional organ that internally strengthens the KPK to eradicate corruption in Indonesia. The development of the KPK law in Indonesia contributes to international anti-corruption law as an example of best practice under Article 5 of the United Nations Convention Against Corruption (UNCAC).
Original languageEnglish
Title of host publicationAsian Yearbook of International Law
Editors Seokwoo Lee, Hee Eun Lee
PublisherBrill Nijhoff
Volume25
ISBN (Electronic)978-90-04-50124-9
ISBN (Print)978-90-04-50123-2
Publication statusAccepted/In press - 2021

Keywords

  • human rights, anti-corruption, Indonesia, Law number 30 of 2002, Law number 19 of 2019.

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