Corruption in Indonesia

Bribes by firms in Indonesia arise principally from regulations --licenses and levies --imposed by local government officials. Regulations generate direct revenues (fees) plus indirect revenues in the form of bribes. The expected value of the latter is capitalized into lower salaries needed by localities to compensate public officials. Localities in Indonesia are hampered by insufficient revenues from formal tax and transfer sources to pay competitive salaries plus fund demanded' levels of public services, because local tax rates are capped by the center and inter-governmental transfers are limited. Thus the direct and indirect revenues from local regulations are critical to local finances. The paper models and estimates the key aspects of corruption -- the relationship between bribes, time spent with local officials, and different forms of regulation. It models how inter-jurisdictional competition for firms limits the extent of local regulation and how greater sources of tax or inter-governmental revenues reduce the need for regulation and corruption. The paper estimates a large reduction in regulation in better funded localities. The findings are directly relevant to Indonesia where corruption is high and the country is in the throes of major decentralization and local democratization efforts
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American lawyer and newspaper columnist in Seoul

Kim Young-Chui life turned upside down since the expose of corruption at Samsung Electronics. He called whistleblower reality, but in Korean culture he was considered a traitor. About two and a half years ago Kim released a 474 page book titled Think Samsung is a favorite of readers last February. This book tells the sensational allegations of corruption Lee Kun-hee, South Korea's richest man and leader Samsung Electronics, the world's largest technology companies based on total revenue.Samsung is the company's most sacred in South Korea. Since the book was released, the major newspapers and various sites in the country refuses to advertise, and only a few publications describing its contents. One newspaper reported the book became a best seller thanks to the power of word of mouth information as well as blogs and twitter. I challenge them filed a lawsuit back to me. They treated me as a man who is not considered, even though I yell about the greatest crime in the history of the country, said Kim, 52, in an interview.
On the other hand, Samsung executives underestimate the book and thought it was a fiction. We have been boiling with anger, but we are not going to sue and make it a star again, said Kim Jun-sik, Samsung's senior vice president of communications.
The story begins when Lee, the leader Samsung Electronics, accused of embezzling tax and breach of trust was sentenced in April 2008 so that the two charges. The problem was then known as the scandal fund Samsung mud. But Lee's escape from jail and receive a presidential pardon.
Under Lee's leadership, Samsung developed into a conglomerate that produces more than one-fifth of exports in South Korea. Samsung employs 270 thousand employees worldwide and is synonymous with success, style and pride of South Korea.
Meanwhile, Young-Chui Kim recently joined the company in 1997 after his name famous as a star prosecutor who investigated corruption by Chun Doo-hwan, former military strongman. He became the principal legal adviser to Samsung before resigning in 2004. He came out with allegations of wrongdoing three years thereafter.
Through the book he accused the Samsung factory tear proof, and bribing politicians, bureaucrats, prosecutors, judges, and journalists, mainly to ensure that these parties will not prevent illegal transfer of control of the enterprise, from Lee to his son, Lee Jae-yong, 41 years.
In the book, Lee and Kim described the subordinate executive at Samsung as a thief who bribed state officials, including government and media. The book has so far sold 120 thousand copies, a remarkable achievement in South Korea for a work of nonfiction.
When Kim was first introduced to the media about the allegations, Kim said no one wants to touch that subject. But then came a group of clergy who openly publish Kim's claims as based on an investigation.
Previously, prosecutors found 4.5 trillion won (Rp36, 3 trillion) in accounts in violation of the laws regarding identity. Prosecutors set the money belonged to Lee, who is a legacy from his father, Lee Byung-Chull, founder of Samsung.
But prosecutors concluded there was no evidence about bribery. Kim contrary mention has provided the list to prosecutors that helped bribery at Samsung while working there.
In addition, noted a lawmaker had received a golf bag full of money from Samsung, and former presidential aide said he has received and return the cash prizes from Samsung.
Last year, Lee was convicted of 46.5 billion won (Rp377, 5 billion), tax benefits arising from the hidden money and helped his son buy the shares of a subsidiary of Samsung with a low price. Lee sentenced to prison but the judge postponed the decision.
Lee said he apologized to all parties. In February, Lee receives presidential pardon, and in subsequent months, he returned to the Samsung without needing council meeting for approval the appointments.
Sean C. Hayes, American lawyer and newspaper columnist in Seoul said he hoped there were more brave souls like Kim. Kim said the decision to disclose the problem with Samsung has put the price itself.
Many kenalannnya break with Kim. When he gave a lecture at a law school, one student asked whether attending the lecture may jeopardize their employment opportunities.
Community called me a traitor, says Kim, who enjoyed classical music lovers of espresso. He said the fight was far from over. He worked with activists to hold a Samsung product boycott
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Lawyers Group of Pakistan: Going America, Osama Muslim Heroes!

Groups of lawyers Pakistan on Wednesday protested against the action the United States that killed Al Qaeda leader Osama bin Laden, condemned the U.S. and pray for the "hero" to them. The leader of Al Qaeda were discovered and killed in a family villa in the town of Abbottabad, about one kilometer from the Pakistan military academy, and 50 km from the capital Islamabad.

About 70 lawyers protesting in Abbottabad, condemned the U.S. operation in the city of tu, witnesses said. They shouted "Go, go America," "Osama bin Laden is our hero" and chanted slogans against the U.S.-selogan and very broke the Pakistani government. "We condemn terrorism but can not accept the violation of our sovereignty," said Tahir Faraz Abbas, chairman of the local lawyers association.

In the city of Peshawar in the northwest, where bin Laden had lived in the war to expel Soviet troops from Afghanistan, about 200 lawyers to say a prayer for the highest leader of Al Qaeda in perngadilan-court. "Osama is a Muslim hero. He was doing jihad for Muslimsthroughout the the world ." Ghulam prominent local lawyer said the Prophet.

"I doubt Osama in Abbottabad. If he was here, he is our hero and will remain our hero," he said. Conspiracy theories, which is triggered by a deep mistrust U.S. quickly spread to the entire Pakistani society for the killing Osama.
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Good Lawyer and Bad Lawyer

West Sumatra Provincial Prosecutor's Office ranks again to make a breakthrough. This time, instead of the detained suspects, but including lawyers with suspicion hamper the investigation. If in Jakarta membuikan KPK prosecutors, the lawyers are grounded in West Sumatra prosecutors.

Is Manatap Ambarita SH (43), legal adviser of Afnel Ambarita-suspect to 3 cases of alleged corruption of road and bridge maintenance project on the Mentawai Islands district for Fiscal Year 2005, investigators eventually arrested Kejari Old Pejat, Friday (04/04/2008) at 14:35 pm.

Chief State Attorney Old Pejat, Law Mugopal SH MH mention, forced detention given to this lawyer. "He has hindered the prosecutor's investigation of his client that a suspect in a case handled. Naive, he actually indicated strong client had deliberately influence (Afnel Ambarita) for not attending the call screening, "he said, Friday afternoon at the High Attorney West Sumatra.

Mentioned Mugopal, it summoned the suspect Afnel Ambarita for inspection on Thursday (03/04/2008). Implementing activities in the corruption case of road and bridge maintenance project on the Mentawai Islands district fiscal year 2005, asked to attend at 09.00 am High Attorney-examination at the Raden Saleh, Jalan Padang, West Sumatra.

In fact, Afnel not come. Just now plans to contact, a middle-aged man came to the investigator. He introduced himself by name Manatap Ambarita SH. And a lawyer from Afnel Ambarita. Found that, Attorney Investigator Budi Letters SH, Yarnes SH and SH Nofiandri torn asked where his client. Strangely, it gives answers Manatap unclear and confusing.

"He said if his client could not come at this time. Conditions are fine and not sick. Even more confusing, he asked that investigators had mengundur calling until he understands his client's case suffered, "said Law.

Found the answer earlier, investigators do not want to serve. And suggested Manatap to fetch back his client to be checked with the status of a suspect. But what is meretricious, after two hours of waiting, the lawyer did not come.

Feeling dikerjai, investigators had followed the suspect at his address in Padang Black stump with the intent to pick up force. Once there, the suspect was not found. A woman (the wife of the suspect) at the address mentioned, if Afnel go with Manatap since morning and not come home.

Search continues to address Manatap disebuah inn guesthouse in the city of Padang. Similar results were again obtained. Investigators were furious. A number of the inn was visited and checked. All Manatap together to determine the existence Afnel.

Search eventually led to a five-star hotel in Juanda street. Thursday (3 / 4) at 23:30 pm, Manatap who had just entered the lobby of the hotel picked up and taken to the West Sumatra High Attorney's office. Manatap then asked to name where the presence of the suspect Afnel. Before long, he seems to call someone. Finally, on Friday (4 / 4) early morning at 0:30 am, Afnel finally surrendered and followed Manatap ke High Attorney West Sumatra.

"The treatment was clearly demonstrated when Manatap deliberately obstruct investigations. The reason for violating article 21, Law No. 31 of 1999 on Corruption is the background of its status was raised to morning and arrested the suspect, "explained Mugopal.

Moreover, he added, from the recognition of his driver, lawyer and client are always together since morning. Inevitably, he also following his client Afnel Ambarita (held Friday, April 4, 2008 at 3:30 pm) to the prison Muaro Padang. (Tos)

Article 21 of Law No. 31 Year 1999 regarding Criminal Acts of Corruption: Any person who intentionally prevent, hinder or frustrate Directly or indirectly, investigation, prosecution and trial examination of the defendant and witnesses in corruption cases shall be punished with imprisonment for 3 (three) years and a maximum of 12 (twelve) years or a fine of at least USD 150.000.000.00 (one hundred and fifty million rupiah) and not exceeding Rp 600.000.000.00 (six hundred million rupiah).
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Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment
of Offenders, Havana, Cuba, 27 August to 7 September 1990
Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,
Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,
Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,
Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,
Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,
Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,
Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,
Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,
The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
Access to lawyers and legal services
  1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.
  2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.
  3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.
  4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.
 Special safeguards in criminal justice matters
  1. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.
  2. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.
  3. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.
  4. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.
Qualifications and training
  1. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.
  2. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.
  3. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.
Duties and responsibilities
  1. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.
  2. The duties of lawyers towards their clients shall include:( a ) Advising clients as to their legal rights and obligations, and as to the working of the legal system in  so far as it is relevant to the legal rights and obligations of the clients;           ( b ) Assisting clients in every appropriate way, and taking legal action to protect their interests;
             ( c ) Assisting clients before courts, tribunals or administrative authorities, where appropriate.
  3. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.
  4. Lawyers shall always loyally respect the interests of their clients.
Guarantees for the functioning of lawyers
  1. Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
  2. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
  3. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
  4. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.
  5. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.
  6. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.
  7. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.
Freedom of expression and association
  1. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
Professional associations of lawyers
  1. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.
  2. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.
Disciplinary proceedings
  1. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.
  2. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
  3. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.
  4. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.
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