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Corruption, Good Governance and Economic Development: Contemporary Analysis and Case Studies
Chapter 10
A Certain Uncertainty; Assessment of Court Decisions in Tackling Corruption in Indonesia Rimawan Pradiptyo*,† Department of Economics, Faculty of Economics and Business Universitas Gadjah Mada, Indonesia
Abstract This chapter aims to assess court decisions for eradicating corruption in Indonesia. The data were based on Indonesia Supreme Court decisions from 2001 to 2009. The dataset 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 a 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 type, 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 * I would like to thank Paripurna P. Sugarda, Hifdzil Alim, Edy OS Hiarej and Arti Adji Kompas for thoughtful and constructive discussions. I am indebted to Harri Gemilang, SH Seri Damayanti, Surya Dharma Putra, Sony Saputra, and Abraham Wirotomo for their excellent assistance in collecting and inputing data. Constructive feedback from participants conferences in Perth, Australia, Toronto, Canada and Yogyakarta, Indonesia are gratefully acknowledged. All remaining errors are my responsibility. † Corresponding contact details: E-mails: Rimawan@Gadjahmada.edu, Rimawan@ feb.ugm.ac.id. 167
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