Private Bribery and Integrity in Doing Business

Taufik Rachman, Didik E. P., Maradona, Kukuh Leksono

2019

Abstract

It is the fact that the Indonesian legal systems lack prohibition on private bribery. This situation leads to the problem of what is called "null of normen" (lack of regulation) known by most of the Indonesian legal scholars. Some argue that private bribery has been ruled within Indonesian Bribery Act, but some scholars argue otherwise. The last-mentioned argument further argues that the Indonesian system had a regulation that is sufficient to tackle bribery within the private sector. Anti-Monopoly and Business Competition Act often cited as the umbrella act for keeping integrity in doing business. To what extent that those often cited regulations match the standard of what so-called as private bribery "regulation"? Inevitably United Nations Convention Against Corruption (UNCAC) become the norm to check whether the Indonesian system has such regulation where according to their last report, the Indonesian lack of Anti Private bribery regulation. Using doctrinal legal approach and socio-legal approach, more specifically political approach, this paper is designed to answer whether the Indonesian need specific regulation on Private Bribery. In this paper, we argue that the Indonesian system needs to have regulation on Private Bribery as a matter of urgency to meet the International standard on combating corruption. The need to give healthier, conducive environment on doing business and putting the bar of Integrity amongst business player are also underlined within this paper to support the argument.

Paper Citation

in Harvard Style

Rachman T., E. P. D., Maradona. and Leksono K. (2019). Private Bribery and Integrity in Doing Business.In Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI, ISBN 978-989-758-461-9, pages 205-213. DOI: 10.5220/0009402002050213

in Bibtex Style

@conference{icoaci19,
author={Taufik Rachman and Didik E. P. and Maradona and Kukuh Leksono},
title={Private Bribery and Integrity in Doing Business},
booktitle={Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI,},
year={2019},
pages={205-213},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009402002050213},
isbn={978-989-758-461-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Anti-Corruption and Integrity - Volume 1: ICOACI,
TI - Private Bribery and Integrity in Doing Business
SN - 978-989-758-461-9
AU - Rachman T.
AU - E. P. D.
AU - Maradona.
AU - Leksono K.
PY - 2019
SP - 205
EP - 213
DO - 10.5220/0009402002050213