Lily Evelina Sitorus
Doctoral Student, Faculty of Law University of Indonesia

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STATE CAPTURE: IS IT A CRIME? HOW THE WORLD PERCEIVED IT Sitorus, Lily Evelina
Indonesia Law Review Vol. 1, No. 2
Publisher : UI Scholars Hub

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Abstract

State capture has emerged as a global threat in several countries. The definitions vary from the act of rent-seeking to corruption. Russia, Ukraine, and some countries in Central Asia are several areas where state capture was first observed. Indonesia is not immune from the threat. Several misconducts in the country had already been labeled as state capture. There are some distinctions between state capture and corruption, whereas in a few countries both are considered as the same. Strategies for combating corruption usually involve reducing state capture.
Judicial Review on Administrative Action: Reflection on the Bank Century Bailout Policy Sitorus, Lily Evelina
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Abstract

Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible to the public. At the time of the global financial crisis, many countries did not have the necessary rules to solve the problems that arose. In Indonesia, the government’s decision to bail out Bank Century has remained controversial up to the present time. The need for a comprehensive law dealing with economic, political and social factors should be considered. The Indonesian Law regarding Government Administration provides for the code of conduct for government action. An entire chapter in the law has been dedicated to set out provisions on discretion, reflecting a two-way approach, namely: restriction of government action on the one hand and the protection of public rights on the other. In practice, however, such rule is not implemented in line with the intended formulation. There is still a need for harmonization with the law regarding State Administration Courts in Indonesia.
KEBIJAKAN BAILOUT CENTURY: DISKRESI ATAU KRIMINALISASI KEBIJAKAN Sitorus, Lily Evelina
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Century bailout policy is the government's discretion. However, when there is resistance in the Parliament, this policy is a problem that until now has not as well satisfy the parties. On the other hand, the economic crisis is a reality that is happening in the community. Government as the policy makers feel they have the authority as stipulated in the legislation in force. Therefore, the decision to prosecute government policy is regarded as a form of criminalization policies. This study tried to find a middle ground on the issue. The standpoint of administrative law is used as an analysis in finding the right solution. It was with the aim of no longer controversial policies issued by the government is considered to be detrimental to the country's financial and creating legal certainty in the implementation.