Learning the Social Impact of Corruption: A Study of Legal Policy and Corruption Prevention in Indonesia and Malaysia

Abstract

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.