Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia
This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia and touches upon aspects of enforcement. These two neighboring countries have different legal systems and, of course, their own unique characteristics. That said, these two countries also have many simila...
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| Format: | Article |
| Language: | English |
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Journal of Social Studies Education Research
2020-12-01
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| Series: | Journal of Social Studies Education Research |
| Subjects: | |
| Online Access: | https://jsser.org/index.php/jsser/article/view/2877 |
| _version_ | 1797924192848445440 |
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| author | Mokhammad Najih Fifik Wiryani |
| author_facet | Mokhammad Najih Fifik Wiryani |
| author_sort | Mokhammad Najih |
| collection | DOAJ |
| description | This research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia and touches upon aspects of enforcement. These two neighboring countries have different legal systems and, of course, their own unique characteristics. That said, these two countries also have many similarities in terms of culture, religion, geography, and social history, and both governments have implemented anti-corruption policies and made corruption a criminal offence. The impact on preventing and combating corruption in both countries has been different, however. In terms of international ratings, Indonesia is at a very high level of corruption, while Malaysia is at a moderate level. This study therefore aims to identify an effective legal basis for anti-corruption and law enforcement strategies that can prevent corruption. The study’s methodology employed legal content analysis using a historical, jurisprudence, and comparative approach, with interviews and analytical methods also being critical. The study found that the legal basis for preventing corruption plays a strategic role in enforcing anti-corruption legislation. Thus, the implementation of prevention and the enforcement of anti-corruption laws have different effects. Two approaches for preventing and combating corruption were identified, namely the legal and non-legal approaches. The legal approach focuses on developing and enforcing criminal law with the support of the criminal justice system, and the two countries apply a similar approach here. The non-legal approach, meanwhile, introduces preventive enforcement policies, such as by establishing law enforcement agencies and special courts for corruption and improving public service facilities. |
| first_indexed | 2024-04-10T14:57:42Z |
| format | Article |
| id | doaj.art-758e1cc0574748e2a2d74a76077cf3cc |
| institution | Directory Open Access Journal |
| issn | 1309-9108 1309-9108 |
| language | English |
| last_indexed | 2024-04-10T14:57:42Z |
| publishDate | 2020-12-01 |
| publisher | Journal of Social Studies Education Research |
| record_format | Article |
| series | Journal of Social Studies Education Research |
| spelling | doaj.art-758e1cc0574748e2a2d74a76077cf3cc2023-02-15T16:07:17ZengJournal of Social Studies Education ResearchJournal of Social Studies Education Research1309-91081309-91082020-12-01114175189483Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and MalaysiaMokhammad Najih0Fifik Wiryani1Universitas Muhammadiyah Malang, IndonesiaUniversitas Muhammadiyah Malang, IndonesiaThis research focuses on the legal basis for anti-corruption measures in Indonesia and Malaysia and touches upon aspects of enforcement. These two neighboring countries have different legal systems and, of course, their own unique characteristics. That said, these two countries also have many similarities in terms of culture, religion, geography, and social history, and both governments have implemented anti-corruption policies and made corruption a criminal offence. The impact on preventing and combating corruption in both countries has been different, however. In terms of international ratings, Indonesia is at a very high level of corruption, while Malaysia is at a moderate level. This study therefore aims to identify an effective legal basis for anti-corruption and law enforcement strategies that can prevent corruption. The study’s methodology employed legal content analysis using a historical, jurisprudence, and comparative approach, with interviews and analytical methods also being critical. The study found that the legal basis for preventing corruption plays a strategic role in enforcing anti-corruption legislation. Thus, the implementation of prevention and the enforcement of anti-corruption laws have different effects. Two approaches for preventing and combating corruption were identified, namely the legal and non-legal approaches. The legal approach focuses on developing and enforcing criminal law with the support of the criminal justice system, and the two countries apply a similar approach here. The non-legal approach, meanwhile, introduces preventive enforcement policies, such as by establishing law enforcement agencies and special courts for corruption and improving public service facilities.https://jsser.org/index.php/jsser/article/view/2877legal policycriminal lawcorruptionpreventionenforcement |
| spellingShingle | Mokhammad Najih Fifik Wiryani Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia Journal of Social Studies Education Research legal policy criminal law corruption prevention enforcement |
| title | Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia |
| title_full | Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia |
| title_fullStr | Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia |
| title_full_unstemmed | Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia |
| title_short | Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia |
| title_sort | learning the social impact of corruption a study of legal policy and corruption prevention in indonesia and malaysia |
| topic | legal policy criminal law corruption prevention enforcement |
| url | https://jsser.org/index.php/jsser/article/view/2877 |
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