reformasi birokrasi Knowledge Management Pencegahan White Collar Crime di Sektor Publik Perspektif Parlemen 1509439153
Preventing White Collar Crimes in Public Sector:
Parlia e t’s Perspective
Endah Retnoastuti
Executive Director, GOPAC (Global Organization of Parliamentarians against Corruption)
Head of Bureau of Inter-Parliamentary Cooperation, Indonesian House of Representatives
Defining White Collar Crimes
Current Trends and Occurrence in Asia
White Collar Crime
VIOLATION
No -viole t cri es
(e.g. fraud, corruption, money
laundering, etc.)
TRAIT
Committed in priviledged
situations for financial or
other private gain
PERPETRATOR
Individuals of respectability and
power, high-level positions/status
WCC Trends in Asia
States and Regional Characteristics
West Asia
Natural resource
(oil, gas, mineral)
East Asia
Robust economic
growth
Southeast Asia
Emerging, newly
industrialised
Energy Industry
(e.g. Fraud on offshore
companies)
Corporate Olygarchy
(Bribery, embezzlement)
Private-Public
(Bribery, tax evasion,
misused power)
Causes of White Collar Crime
Opportunities to commit crime
Situational pressures on the individuals
Issues pertaining to integrity
Yusuf Nook (1993), Joseph Eby Ruin (1996)
Prevalence in Public Sector
Government Control on
Economic Activities
Occurrence
High
Centralized, weak corporate law
Low
Liberalization, free trade
Mainly in Public Sector
Mainly in Private
Sector
3 Ways to Strengthen
Misconduct Management Procedures in Public Sector
DETECTING
Public sector can
utilize their audit
function, authority
or internal control
routine, and whistleblower report
Improving the exposure
could be done by
ensuring transparency,
access for public and civil
society, and investigative
media coverage
EXPOSING
DETERRING
Public sector and
governmental
institution should
develop a strong
ethics and conduct
regime, and review the
existing rules/codes
Challenges to Tackle White Collar Crimes
Difficult to detect
Advancement of technology – more sophisticated crimes
Inadequate methods and infrastructures both in measuring and investigating
Lack of comprehensive laws in addressing white collar crimes
Lack of regulatory prevention and ethical enforcement
Proposed Prevention Efforts through Ethic and Conducts
Parlia e t’s Perspe tive
GOPAC
Global Organization of Parliamentarians
against Corruption
GOPAC is an international network of
parliamentarians dedicated to combat corruption,
strengthen good governance, and uphold
the rule of law throughout the world.
GOPAC’s Fo us
The central focus of GOPAC is the development of
practical tools and training for parliamentarians, to
assist and support parliamentarians in their
advocacy and legislation to make governments
accountable and transparent. It provides peer
support to parliamentarians engaged in combating
corruption, and relevant training to promote
methods for fighting corruption.
Equipping parliamentarians with comprehensive
knowledge on anti-corruption will strengthen the
internal structure and prevent parliamentarians
from doing misconduct in their offices.
GOPAC consists of
5 Regional
Chapters
and
62 National
Chapters
ARPAC
SEAPAC
LATIN
AMERICA
APNAC
OCEANIA
GOPAC s progra
i g odel uses Global Task Forces (GTFs) to promote
agendas identified by membership through a regionally representative
group of parliamentarians that champion specific issues.
Anti-Money
Laundering
UN Convention
against
Corruption
Parliamentary
Oversight
Parliamentary Participation
Ethics and
of Society
Conducts
GOPAC
Network &
Global Task
Forces
GOPAC GTF
Parliamentary Ethics and Conducts
GOPAC established a Parliamentary Ethics and
Conduct Global Task Force (GTF-PEC) to develop and
provide tools and training materials, strengthen
Parliamentary ethical system to preserve the
independence of MPs, and to avoid any possibility
that private interests might interfere with their
public duties.
Result:
Handbook on Parliamentary Ethics and Conduct
A Guide for Parliamentarians
Why is it important to address
Ethics and Conducts for Parliamentarians?
Deter unethical behavior by
parliamentarians in the broader
context of preventing white collar
crime
Allow parliamentarians to
demonstrate high standards of
ethics
E ha e pu li ’s level of trust in
Parliaments and Parliamentarians
Implement the provisions of
Article 8 UNCAC, which provides
for the develop e t Codes of
Conduct for Public Officials
Steps to Establish an Ethics and Conduct Regime
Create political will, determine purpose
Reach agreement on ethical principles
Develop detailed rules
Est. regulatory
system
Train
MPs
Determining the purpose, and establishing the
principles of an ethics and conduct regime
Creating the political will for reform
Build a coalition for change within parliament around the need for an ethics
and conduct regime. Politicians must understand why a comprehensive and
effective ethics is needed and what it is designed to achieve.
Get agreement on ethical principles
Generate agreement around the broad principles by which all politicians
should abide. E.g. Integrity, Accountability, Objectivity, Impartial, etc.
Developing the content of the ethics and
conduct regime
Identifying conflict of
interest
Public Mandate vs Private Interest
The ultimate task of the MP is to ensure
that they always seek to promote the
public interest.
Transparency and disclosure
Forms and timing of disclosure
Who should register?
What should be registered?
Establishing the regulatory system and training
members
Mechanisms for regulation and enforcement
Develop a robust system of regulation which can enforce the rules. This
includes finding the right mechanisms and proportionate sanctions.
Developing a culture
The system must also include provision for the training and education of
MPs, providing continuing advice and guidance on how to interpret and
implement the rules.
The creation of the ethics and conduct
regime may will not solve all the problems
faced by the Parliament or other public
institution. The principles, rules and
regulations should be viewed as only one
part of a wider effort to improve the
functioning of the institution.
Let us work together to help prevent
misdemeanor in public sector, and help
ensure that Parliament and other public
institutions are accountable and
trustworthy, to finally tackle the white
collar crimes.
Thank You
GOPAC Global Secretariat – Jakarta Office
DPR/MPR Building, Nusantara III, 2nd Floor
Jl. Jend. Gatot Subroto, Central Jakarta,
INDONESIA 10270
gopacnetwork.org
info@gopacnetwork.org
/gopacnetwork
@GOPAC_Eng
Parlia e t’s Perspective
Endah Retnoastuti
Executive Director, GOPAC (Global Organization of Parliamentarians against Corruption)
Head of Bureau of Inter-Parliamentary Cooperation, Indonesian House of Representatives
Defining White Collar Crimes
Current Trends and Occurrence in Asia
White Collar Crime
VIOLATION
No -viole t cri es
(e.g. fraud, corruption, money
laundering, etc.)
TRAIT
Committed in priviledged
situations for financial or
other private gain
PERPETRATOR
Individuals of respectability and
power, high-level positions/status
WCC Trends in Asia
States and Regional Characteristics
West Asia
Natural resource
(oil, gas, mineral)
East Asia
Robust economic
growth
Southeast Asia
Emerging, newly
industrialised
Energy Industry
(e.g. Fraud on offshore
companies)
Corporate Olygarchy
(Bribery, embezzlement)
Private-Public
(Bribery, tax evasion,
misused power)
Causes of White Collar Crime
Opportunities to commit crime
Situational pressures on the individuals
Issues pertaining to integrity
Yusuf Nook (1993), Joseph Eby Ruin (1996)
Prevalence in Public Sector
Government Control on
Economic Activities
Occurrence
High
Centralized, weak corporate law
Low
Liberalization, free trade
Mainly in Public Sector
Mainly in Private
Sector
3 Ways to Strengthen
Misconduct Management Procedures in Public Sector
DETECTING
Public sector can
utilize their audit
function, authority
or internal control
routine, and whistleblower report
Improving the exposure
could be done by
ensuring transparency,
access for public and civil
society, and investigative
media coverage
EXPOSING
DETERRING
Public sector and
governmental
institution should
develop a strong
ethics and conduct
regime, and review the
existing rules/codes
Challenges to Tackle White Collar Crimes
Difficult to detect
Advancement of technology – more sophisticated crimes
Inadequate methods and infrastructures both in measuring and investigating
Lack of comprehensive laws in addressing white collar crimes
Lack of regulatory prevention and ethical enforcement
Proposed Prevention Efforts through Ethic and Conducts
Parlia e t’s Perspe tive
GOPAC
Global Organization of Parliamentarians
against Corruption
GOPAC is an international network of
parliamentarians dedicated to combat corruption,
strengthen good governance, and uphold
the rule of law throughout the world.
GOPAC’s Fo us
The central focus of GOPAC is the development of
practical tools and training for parliamentarians, to
assist and support parliamentarians in their
advocacy and legislation to make governments
accountable and transparent. It provides peer
support to parliamentarians engaged in combating
corruption, and relevant training to promote
methods for fighting corruption.
Equipping parliamentarians with comprehensive
knowledge on anti-corruption will strengthen the
internal structure and prevent parliamentarians
from doing misconduct in their offices.
GOPAC consists of
5 Regional
Chapters
and
62 National
Chapters
ARPAC
SEAPAC
LATIN
AMERICA
APNAC
OCEANIA
GOPAC s progra
i g odel uses Global Task Forces (GTFs) to promote
agendas identified by membership through a regionally representative
group of parliamentarians that champion specific issues.
Anti-Money
Laundering
UN Convention
against
Corruption
Parliamentary
Oversight
Parliamentary Participation
Ethics and
of Society
Conducts
GOPAC
Network &
Global Task
Forces
GOPAC GTF
Parliamentary Ethics and Conducts
GOPAC established a Parliamentary Ethics and
Conduct Global Task Force (GTF-PEC) to develop and
provide tools and training materials, strengthen
Parliamentary ethical system to preserve the
independence of MPs, and to avoid any possibility
that private interests might interfere with their
public duties.
Result:
Handbook on Parliamentary Ethics and Conduct
A Guide for Parliamentarians
Why is it important to address
Ethics and Conducts for Parliamentarians?
Deter unethical behavior by
parliamentarians in the broader
context of preventing white collar
crime
Allow parliamentarians to
demonstrate high standards of
ethics
E ha e pu li ’s level of trust in
Parliaments and Parliamentarians
Implement the provisions of
Article 8 UNCAC, which provides
for the develop e t Codes of
Conduct for Public Officials
Steps to Establish an Ethics and Conduct Regime
Create political will, determine purpose
Reach agreement on ethical principles
Develop detailed rules
Est. regulatory
system
Train
MPs
Determining the purpose, and establishing the
principles of an ethics and conduct regime
Creating the political will for reform
Build a coalition for change within parliament around the need for an ethics
and conduct regime. Politicians must understand why a comprehensive and
effective ethics is needed and what it is designed to achieve.
Get agreement on ethical principles
Generate agreement around the broad principles by which all politicians
should abide. E.g. Integrity, Accountability, Objectivity, Impartial, etc.
Developing the content of the ethics and
conduct regime
Identifying conflict of
interest
Public Mandate vs Private Interest
The ultimate task of the MP is to ensure
that they always seek to promote the
public interest.
Transparency and disclosure
Forms and timing of disclosure
Who should register?
What should be registered?
Establishing the regulatory system and training
members
Mechanisms for regulation and enforcement
Develop a robust system of regulation which can enforce the rules. This
includes finding the right mechanisms and proportionate sanctions.
Developing a culture
The system must also include provision for the training and education of
MPs, providing continuing advice and guidance on how to interpret and
implement the rules.
The creation of the ethics and conduct
regime may will not solve all the problems
faced by the Parliament or other public
institution. The principles, rules and
regulations should be viewed as only one
part of a wider effort to improve the
functioning of the institution.
Let us work together to help prevent
misdemeanor in public sector, and help
ensure that Parliament and other public
institutions are accountable and
trustworthy, to finally tackle the white
collar crimes.
Thank You
GOPAC Global Secretariat – Jakarta Office
DPR/MPR Building, Nusantara III, 2nd Floor
Jl. Jend. Gatot Subroto, Central Jakarta,
INDONESIA 10270
gopacnetwork.org
info@gopacnetwork.org
/gopacnetwork
@GOPAC_Eng