International Fund Assistance and It’s Eradication of Corruption in Indonesia: International Law Perspectives

DOI

10.2991/978-2-38476-022-0_44How to use a DOI?

Keywords

Anti-corruption; Jurisdiction; International Fund Assistance

Abstract

The crime of corruption has a systemic impact on the development of the Countries. The impact of corruption not only affects the state’s finances, but also the country’s image in allocation of international fund assistances. Cases of corruption in international aid funds in Indonesia occur due hasn’t being transparent and accountable in the allocation of international funds. On the other hand, international funding assistance as outlined in the international agreement actually has an impact on the problems of the enforcement of legal system, whether it uses international legal mechanisms, or is subject to criminal acts of corruption in Indonesia. This research aims to answer: (1). corruption of international financial aid from the perspective of international law and national law; (2). Mechanisms for law enforcement in international law and national law in accordance to eradication of international financial aid corruption in Indonesia. This study uses a socio-legal method, to identify the problem of corruption in international aid funds from not only from legal perspective, but also from a political-economic point of view and it’s flow. The results of this study are: (1). Corruption of international loans and aid funds with locus actus and mens rea aimed at harming state finances needs special attention, including the importance of adopting UNCAC provisions in amending the Corruption Law in Indonesia so that corrupt practices of international funds assistance do didn’t corrupt in Indonesia; (2). It is necessary to look at the loan agreements and international funding assistance to find out the jurisdictional and law enforcement mechanisms for the misuse of these criminal acts of corruption, in line with UNCAC and UNTOC, so that they can clearly show the jurisdiction of the applicable criminal law.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Satria Unggul Wicaksana Prakasa
AU  - Asis
PY  - 2023
DA  - 2023/05/13
TI  - International Fund Assistance and It’s Eradication of Corruption in Indonesia: International Law Perspectives
BT  - Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021)
PB  - Atlantis Press
SP  - 413
EP  - 420
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-022-0_44
DO  - 10.2991/978-2-38476-022-0_44
ID  - Prakasa2023
ER  -