The Application of a Human Rights Approach toward Crimes of Corruption: Analyzing Anti-Corruption Regulations and Judicial Decisions

被引:1
|
作者
Ali, Mahrus [1 ]
Muliyono, Andi [2 ]
Nurhidayat, Syarif [1 ]
机构
[1] Univ Islam Indonesia, Fac Law, Yogyakarta 55584, Indonesia
[2] Sekolah Tinggi Ilmu Hukum Manokwari, Dept Criminal Law, Manokwari 98312, Indonesia
关键词
crimes of corruption; human rights violation; regulation; judicial decision; LAW;
D O I
10.3390/laws12040068
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This study aimed to examine the connection between the crime of corruption and human rights violations. Indonesia's corruption-eradication regulations have increased the possibility of handling human rights-based corruption cases. This study employed doctrinal legal research that mainly relied on anti-corruption legislation and corruption cases in judicial decisions. The results showed that the law states that corruption infringes on people's economic, social, and cultural rights. We employed a plausible scenario to provide practical explanations of the relationship between the two variables. The types of crimes of corruption have a direct nexus to the violation of human rights. In addition, there was inadequate proof of the connection between corruption and human rights violations in court rulings. Specifically, a few court decisions relate corruption to human rights violations. Judges consider the relationship more thoroughly when making legal considerations and when it is not applied as an aggravated circumstance, resulting in significantly milder prison sentences. The findings imply the necessity of mainstreaming corruption as a human rights violation through comprehensive and massive studies. Furthermore, legal enforcement institutions need to issue guidelines and provide continuous training on handling human rights-based corruption cases to the police, public prosecutors, and judges.
引用
收藏
页数:18
相关论文
共 50 条
  • [1] Corruption, anti-corruption and human rights: the case of Poland’s integrity system
    Anna Krajewska
    Grzegorz Makowski
    Crime, Law and Social Change, 2017, 68 : 325 - 339
  • [2] Corruption, anti-corruption and human rights: the case of Poland's integrity system
    Krajewska, Anna
    Makowski, Grzegorz
    CRIME LAW AND SOCIAL CHANGE, 2017, 68 (03) : 325 - 339
  • [3] ANALYZING THE ANTI-CORRUPTION POLICY IN MEXICO
    Serrano Sanchez, Jesus Antonio
    ANDAMIOS, 2009, 6 (12): : 201 - +
  • [4] Judicial anti-corruption examination of legal acts
    Afanasyev, A. Yu
    Lubin, A. F.
    Milovidova, M. A.
    LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2015, 31 (03): : 36 - 39
  • [5] ANTI-CORRUPTION EXPERTISE OF REGULATIONS: METHODOLOGY, EXPERIENCE AND PROSPECTS
    Yuzhakov, V.
    VOPROSY GOSUDARSTVENNOGO I MUNITSIPALNOGO UPRAVLENIYA-PUBLIC ADMINISTRATION ISSUES, 2008, (02): : 4 - 42
  • [6] The effects of anti-corruption videos on attitudes toward corruption in a Ukrainian online survey
    Denisova-Schmidt, Elena
    Huber, Martin
    Prytula, Yaroslav
    EURASIAN GEOGRAPHY AND ECONOMICS, 2019, 60 (03) : 304 - 332
  • [7] Good Governance and State Mechanisms: Defending Human Rights and Anti-Corruption
    Sappideen, Carolyne
    PROCEEDINGS OF 1ST INTERNATIONAL CONFERENCE OF LAW AND JUSTICE - GOOD GOVERNANCE AND HUMAN RIGHTS IN MUSLIM COUNTRIES: EXPERIENCES AND CHALLENGES (ICLJ 2017), 2017, 162 : 27 - 31
  • [9] CUMULATIVE ANTI-CORRUPTION STRATEGY (EVOLUTIONARY APPROACH)
    Groshev, Igor L.
    AKTUAL'NYYE VOPROSY NAUCHNOGO OBESPECHENIYA GOSUDARSTVENNOY POLITIKI ROSSIYSKOY FEDERATSII V BOR'BE S KORRUPTSIYEY, 2014, : 119 - 126
  • [10] Anti-corruption Strategies in Afghanistan: An Alternative Approach
    Singh, Danny
    JOURNAL OF DEVELOPING SOCIETIES, 2016, 32 (01) : 44 - 72