Sunday, April 14, 2013

Corruption

Definition of Corruption

 Corruption has meaning bad, destroyed, like wear money or thing's others entrusted to him. Can be bribed, using his position vested to interest. Corruption also has meaning appropriation or misue of money of the government to vested interest.
Corruption behavior is all of behavior or fraudulent behavior which lose his self or others. Criminal offense of corruption is a action against law which lose state finances sake vested to interest or group. There are several action closely related to corruption. They are Collusion and Nepotism.
Collusion is  a dishonest action, for example give a facilitation payments so they work smoothly, but they give it by stealth. Nepotism is prioritize  family or some  people  to get a position.

Unsure of Corruption

1. Appropiation or misue authorithy, position, which he has it because of his position. There are several action which appropiation of authorithy :
  • Violation of written rules. 
  • Have a  deviant intention although this action is suitable to the rule of law. 
  • Have a potential to lose the financial state.   
 2. This action had given advantage his self or others base a corruption.
In terms of aspect of evidence, it is more easy to prove because unsure " advantage" do not need dimension what suspect / defendant become rich or added rich. As in article 2 UU  No 31/1999.
3. This action losing financial state.
As in article 2 UU No. 31/1999
In terms the page word "may" before the phrase of financial harm the economy shows that corruption is a formal offense. Namely the existence of corruption sufficient of fulfill the elements of actions that have been formulated not by the onset of effect.
Process to Procurement of goods / services
Categorized as corruption Act, if "
  • In procurements procedures that are deed Bribery.
  • In procurements procedures that are servants /State Officials participating in procurements. 
  • Civil Servants accepted the gratifications associated with the smooth procurements procedures.

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