The legislation regarding anti-bribery in public procurement: An international comparison from Indonesian perspective

• Main Authors: Susanti, Dwi Siska, 希卡蒂
• Other Authors: Yan, Anna
• Format: Others
• Language: en_US
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/9bsu7a

博士 === 國立政治大學 === 法律學系 === 107 === Indonesia is one of the emerging countries in the South East Asia region that received flourish inflows of foreign investment, yet the corruption perception remains high. The prevalence mostly occurred in public procurement that risks government spending than initially expected for the development. The international community agreed upon corruption as transnational crime and ought to be eradicated by international and domestic measures. The measures range from international and multilateral binding instruments to national laws and guidelines. Furthermore, the attention needs to be put on the enforcement of the laws, especially when the actual cases occurred. Notably, limited research has been published on the regulating public procurement and anti-bribery laws to curb corruption in particular when the foreign supplier is involved. This dissertation examines the main question of: ‘How public procurement regulation could curb bribery in Indonesia?’. It aims to study what is Indonesia regulation regarding anti-bribery in public procurement; to examine how is Indonesia commitment to international agreement regarding anti-bribery in public procurement; and to analyse the effectiveness of public procurement regulation to curb bribery in Indonesia. The research methodology is deductive approach, which allows researcher moves first towards the development of logical explanation or theory and next gather evidence to test the theory which is based on the use of primary and secondary literature and data. The primary sources are the all relevant international and domestic regulations concerning public procurement, corruption, bribery, international corporation and other related regulations, reports, and number cases of law. The secondary sources are books, journal, articles, newspaper reports, and electronic texts. Semi-structured interviews were conducted to selected Indonesian State Officials and selected officers of foreign firms and Indonesian firms to explore their experiences and perceptions of Indonesia anti-bribery in public procurement. This research concluded that Indonesia’s current anti-bribery and public procurement regulation are not fully effective to curb corruption in Indonesia although the improvement of public procurement system in such e-procurement. This conclusion derived into three main findings. First, Indonesia has shown a better improvement of public procurement regulation and system. Second, the current anti-bribery and public procurement regulation are not fully complying with the international standard, although Indonesia is a state party member of several international commitments. Third, Indonesia corruption perception index is remained low and the corruption cases in public procurement are still occurred. It is recommended for Government of Indonesia to improve anti-corruption and public procurement regulation and guidelines that perform more clearly and transparent for all relevant stakeholder including foreign stakeholder; to strengthen integrity measures for procurement institutions and personnel including supplier; to provide effective monitoring and supervision system that accessible for public participation including complaints system; to build anti-corruption cultures for all stakeholder; to strengthen political will to reform public procurement and anti-corruption; and other anti-corruption measures that needed to ensure the implementation of procurement system in accordance with regulations and international commitments.