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A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia

In: CORRUPTION, GOOD GOVERNANCE and ECONOMIC DEVELOPMENT Contemporary Analysis and Case Studies

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  • Rimawan Pradiptyo

Abstract

This chapter aims to assess court decisions for eradicating corruption in Indonesia. The data were based on Indonesia Supreme Court decisions from 2001 to 2009. The dataset comprises of 549 cases involving 831 defendants. After the end of Suharto's regime, the Anti-Corruption Bill was ratified in 1999 and was refined in 2001. As Indonesia follows a civil law system, legal certainty has been manifested by stating the level of punishment clearly for each type of offences in the Bill. Despite a clear guidance on the intensity of punishments for each corruption type, judges' decisions on the intensity of punishments sentenced across defendants are far from consistent. Using logistic regressions, we found that the probability of judges in sentencing defendants with financial punishments (that is, fines, compensation and the seizure of evidence) does not depend on the level of economic losses inflicted by the defendants. On the contrary, the judges' decisions tend to be more lenient toward defendants with particular occupations but harsher toward others. The intensity of punishments has been sentenced idiosyncratically and has weakened the deterrence effect of the punishments. In estimating the social cost of corruption, prosecutors have estimated only the explicit cost of corruption, therefore the impact of corruption to Indonesia economy is underestimated. Brand and Price (2000) defined that the social costs of crime includes the costs in anticipation of crime, the costs as a result of crime and the costs in reaction of crime. The total explicit cost of corruption from 2001 to 2009 was Rp73.1 trillion (about US$8.49 billion), however the total financial punishment imposed by the Supreme Court was Rp5.33 trillion (about US$619.77 million). The data show that corruption is mostly committed by people with medium-high income and they usually have good careers.

Suggested Citation

  • Rimawan Pradiptyo, 2015. "A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia," World Scientific Book Chapters, in: R N Ghosh & M A B Siddique (ed.), CORRUPTION, GOOD GOVERNANCE and ECONOMIC DEVELOPMENT Contemporary Analysis and Case Studies, chapter 10, pages 167-215, World Scientific Publishing Co. Pte. Ltd..
    • Handle: RePEc:wsi:wschap:9789814612593_0010
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    1. Eide, Erling & Rubin, Paul H. & Shepherd, Joanna M., 2006. "Economics of Crime," Foundations and Trends(R) in Microeconomics, now publishers, vol. 2(3), pages 205-279, December.
    2. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    3. Polinsky, A. Mitchell & Shavell, Steven, 2001. "Corruption and optimal law enforcement," Journal of Public Economics, Elsevier, vol. 81(1), pages 1-24, July.
    4. Luciano Andreozzi, 2004. "Rewarding Policemen Increases Crime. Another Surprising Result from the Inspection Game," Public Choice, Springer, vol. 121(1), pages 69-82, October.
    5. Tsebelis, George, 1989. "The Abuse of Probability in Political Analysis: The Robinson Crusoe Fallacy," American Political Science Review, Cambridge University Press, vol. 83(1), pages 77-91, March.
    6. Rasmusen, Eric, 1996. "Stigma and Self-Fulfilling Expectations of Criminality," Journal of Law and Economics, University of Chicago Press, vol. 39(2), pages 519-543, October.
    7. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    8. Bowles, Roger & Garoupa, Nuno, 1997. "Casual police corruption and the economics of crime," International Review of Law and Economics, Elsevier, vol. 17(1), pages 75-87, March.
    9. Jack Hirshleifer & Eric Rasmusen, 1992. "Are Equilibrium Strategies Unaffected by Incentives?," Journal of Theoretical Politics, , vol. 4(3), pages 353-367, July.
    10. Bianco, William T. & Ordeshook, Peter C. & Tsebelis, George, 1990. "Crime and Punishment: Are One-Shot, Two-Person Games Enough?," American Political Science Review, Cambridge University Press, vol. 84(2), pages 569-586, June.
    11. Garoupa, Nuno & Klerman, Daniel, 2004. "Corruption and the optimal use of nonmonetary sanctions," International Review of Law and Economics, Elsevier, vol. 24(2), pages 219-225, June.
    12. Nuno Garoupa & Daniel Klerman, 2002. "Optimal Law Enforcement with a Rent-Seeking Government," American Law and Economics Review, Oxford University Press, vol. 4(1), pages 116-140, January.
    13. Garoupa, Nuno, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    14. Brand, Sam & Price, Richard, 2000. "The economic and social costs of crime," MPRA Paper 74968, University Library of Munich, Germany.
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    Cited by:

    1. Saputra, Sony & Pradiptyo, Rimawan, 2012. "On Assessment of the Supreme Court Decisions in Tackling Substance Misuse in Indonesia," MPRA Paper 36381, University Library of Munich, Germany.

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    More about this item

    Keywords

    Corruption; Good Governance; Transparency; India; Bangladesh; Indonesia; Africa;
    All these keywords.

    JEL classification:

    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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