Prof. Joost Nan Discusses the Basics of Bribery in UNCAC in Corruption Crime Class

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prof. joost nan berikan kuliah tamu terkait dasar penyuapan dalam uncac
| yuni afifah | ,

Erasmus University Criminal Law Expert Prof. Joost Nan was invited to the Corruption Crime Lecture at UNAIR Law on Thursday (20/10/2022). The class was related to regulating corruption in the United Nations Convention against Corruption (UNCAC). UNCAC views corruption as an epidemic that undermines democracy and the rule of law. According to Prof. Nan, this profound anti-corruption paradigm is due to how destructive the impact of corruption is in people’s lives. In a broad sense, corruption is defined as the abuse of public power for private gain. In a narrow scope, corruption is bribery (bribery).

“Bribery need not occur when the briber gives many things to the bribed party. It is enough that there is an offer of a bribe or a request for a bribe from one of the parties, it is already referred to as bribery,” said Prof. Nan.

Prof. Nan explained that UNCAC is the only legally binding international convention related to anti-corruption. This convention requires member states to harmonize their national legal systems per the UNCAC articles’ provisions. Prof. Nan gave an example of Article 15 of UNCAC, which regulates the definition of bribery. There, the definition of bribery in the article should be reflected in the national legal system of member countries.

“However, there are also articles that are not mandatory to be adopted in the national legal system. Its nature is only recommended to realize this convention’s legal objectives better. For example, Article 21 regarding bribery in the private sector,” said the academic.

 

Then Prof. Nan reminded us how dangerous the impact of corruption is on society. Funds used for development projects are not optimal because some of the funds are enjoyed by corrupt officials. The unfair competition also arises because a person or legal entity, which should not benefit from the government because it is not qualified, becomes able because it is facilitated by bribery.

“The impact is that the public will receive public services and goods and services at high prices or of low quality. Worse still, the public will lose confidence in public institutions. We wouldn’t trust the justice system if politicians and corporations had bribed the judges, would we?” Prof. Nan concludes.

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