Corruption Prevention in Legislative Drafting in Indonesia

Abstract

Corruption not only happens in the implementation of legislation or policy (administrative corruption) but also in the process of legislative drafting (state capture). Since the establishment of the Corruption Eradication Commission (KPK), many members of the House of Representatives (DPR), the Regional Legislative Council (DPRD), or government officials have been arrested and convicted of criminal acts due to legislative corruption. In legislative corruption, the actors involved consist of the interest parties and lawmakers. The interest parties attempt to obtain political, economic, and social benefits (supernormal profits) from the formulated legislation. To the same extent, the lawmakers expect the money or other personal benefits from the interest parties in return for the assistance given. Legislative corruption will lead to disorganized policy implementation, loss on the national economy, public distrust of the law-maker institutions, and long-term effect of distrust of law and democracy. Several prevention strategies of legislative corruption can be employed by improving four principles of legislative drafting: management, professionalism, justification, and public participation.