Pradiptyo, Rimawan (2011): A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia.
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This paper aims to assess court decisions for erradicating corruption in Indonesia. The data are based on Indonesia Supreme court decisions from year 2001 to year 2009. The data set 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 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 types, 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 (i.e. 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 the 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 under 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 Rp 73.1 trillion (about US $8.49 billion), however the total financial punishment imposed by the supreme court was Rp 5.33 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.
|Item Type:||MPRA Paper|
|Original Title:||A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia|
|Keywords:||Corruption, Legal Certainty, Financial Punishment, Social Costs of Crime, Explicit Cost of Corruption, Deterrence Effect|
|Subjects:||D - Microeconomics > D6 - Welfare Economics > D63 - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law
|Depositing User:||Rimawan Pradiptyo|
|Date Deposited:||03. Feb 2012 17:16|
|Last Modified:||12. Feb 2013 11:05|
Andreozzi, L. 2004. "Rewarding Policemen Increases Crime. Another Surprising Result from the Inspection Game," Public Choice, 121:69-82.
Becker, G.S. 1968. "Crime and Punishment: An Economic Approach," Journal of Political Economy, 70: 1-13.
Bianco WT, PC Ordeshook and G Tsebelis (1990). Crime and Punishment: Are One- Shot, Two-Person Games Enough? American Political Science Review, 84: 569-586.
Bowles, R.. 2000. "Corruption,". in B. Boudewijn and G. De Greest, eds. Encyclopedia of Law and Economics, Vol. 5, The Economics of Crime and Litigation 460-491. Edward Elgar.
Bowles, R and N. Garoupa. 1997. "Casual Police Corruption and the Economics of Crime." Int'l Review of Law and Economics, 17: 75-87.
Bowles, R. and R. Pradiptyo. 2004. "An Economic Approach to Offending, Sentencing and Criminal Justice Interventions -- Report to Esmee Fairbairn Foundation," presented to Esmee Fairbairn Foundation, London.
Brand, S., and R. Price. 2000. "The Economic and Social Costs of Crime," Home Office Research Series Paper 217. London: Home Office.
Chapman, B., A. Mackie and J. Raine. 2002. "Fine Enforcement in Magistrates' Courts," Home Office Development and Practice Report 1, London, Home Office.
Department for Constitutional Affairs (DCA). 2004. Magistrates' Courts Business Returns--Annual Report 2002-2003. London: Department for Constitutional Affairs.
Dubourg, R., J. Hamed, and J. Thorns. 2005. "The Economic and Social Costs of Crime Against Individuals and Households 2003/04," Home Office Online Report 30/05. London: Home Office.
Ehrlich, I. 2004. "Recent Development in Economics of Crime," German Working Papers in Law and Economics, paper 8.
Eide E. 2000. “Economics of Criminal Behaviour”, in Boudewijn B and De Greest G (2000). Encyclopedia of Law and Economics, Vol. 5, The Economics of Crime and Litigation, p 345-389, Edward Elgar.
Einat, T. 2004. "Criminal Fine Enforcement in Israel; Administration, Policy, Evaluation and Recommendations," Punishment & Society, 6: 175-194.
Garoupa, N. 1997. "The Theory of Optimal Law Enforcement." Journal of Economic Surveys 11 : 267-295.
Garoupa, N., and D. Klerman. 2002. "Optimal Law Enforcement with a Rent-Seeking Government," American Law & Economics Review 4:116-140. Garoupa, N., and D. Klerman. 2004. "Corruption and the Optimal Use of Nonmonetary Sanctions," International Review of Law & Economics, 24: 219-225.
Gneezy, U., and A. Rustichini. 2004. "Incentives, Punishment and Behavior", in Camerer, Loewenstein and Rabin, eds. Advances in Behavioral Economics. Princeton Univ. Press.
Hirshleifer J and E Rasmusen (1992). Are Equilibrium Strategies Unaffected by Incentives? Journal of Theoretical Politics, 4:353-367.
Jolls C, C R Sunstein, and R Thaler (1998). A Behavioural Approach to Law and Economics. Standford Law Review, 50:1471-1550.
Karoly L A, M R Kilburn, J H Bigelow, J P Caulkins, J S Cannon, and J R Chiesa (2001). Executive Summary: Assessing Costs and Benefits of Early Childhood Inter- vention Programs; Overview and Application to the Starting Early Starting Smart Program. Rand Foundation.
Levitt, S.D., and T.J. Miles. 2007 forthcoming. "Empirical Study of Criminal Punishment," in A.M. Polinsky and S. Shavell, eds. Handbook of Law and Economics 1, North Holland.
Maddala, G.S. (2001) Introduction to Econometrics; 3rd eds, John Wiley and Son, LTD, Chichester.
Polinsky, A.M., and S. Shavell. 2000. "Economic Theory of Public Enforcement of Law," Journal of Economic Literature 38 : 45-76.
Polinsky, A.M., and S. Shavell. 2001. "Corruption and Optimal Law Enforcement." Journal of Public Economics 81: 1-24.
Polinsky, A.M., and S. Shavell. 2007 forthcoming. "The Theory of Public Enforcement of Law," in A.M. Polinsky and S. Shavell, eds. Handbook of Law and Economics 1, North Holland.
Rasmusen, E. 1996. "Stigma and Self-Fulfilling Expectations of Criminality," Journal of Law and Economics, 39: 519-544.
Rabin, M. 1993. Incorporating Fairness into Game Theory and Economics, American Economic Review, 83:1281-1308.
Tonry, M. 1997. "Intermediate Sanctions in Sentencing Guidelines," Issues and Practices in Criminal Justice. National Institute of Justice, U.S. Dept. of Justice, http://www.ncjrs.gov/pdffiles/165043.pdf.
Tsebelis G (1993). Penalty and Crime: Further Theoretical Considerations and Em- pirical Evidence. Journal of Theoretical Politics, 5:349-374.
Tsebelis G (1992). Are Sanctions Effective? A Game-Theoretic Analysis. Journal of Conflic Resolution, 34: 3-28.
Tsebelis G (1991). The Effects of Fines on Regulated Industries: Game Theory vs. Decision Theory. Journal of Theoretical Politics, 3: 81-101.
Tsebelis G (1990). Penalty Has No Impact on Crime? A Game Theoretical Analysis. Rationality and Society, 2: 255-286.
Tsebelis G (1989). The Abuse of Probability in Political Analysis: The Robinson Crusoe Fallacy. The American Political Science Review, 83:77-91.
U.S. Department of Justice (DOJ). 2003. "Felony Defendants in Large Urban Counties 2000." Washington DC: U.S. Department of Justice.
Weissing F and E Ostrom (1991). Crime and Punishment: Further Reflections on the Counter Intuitive Results of Mixed Equilibria Games. Journal of Theoretical Politics, 3: 343-350.