+ All Categories
Home > Documents > Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public...

Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public...

Date post: 22-Mar-2020
Category:
Upload: others
View: 1 times
Download: 0 times
Share this document with a friend
20
Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti Executive Director, GOPAC (Global Organization of Parliamentarians against Corruption) Head of Bureau of Inter-Parliamentary Cooperation, Indonesian House of Representatives
Transcript
Page 1: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Preventing White Collar Crimes in Public Sector:

Parliament’s Perspective

Endah Retnoastuti Executive Director, GOPAC (Global Organization of Parliamentarians against Corruption)

Head of Bureau of Inter-Parliamentary Cooperation, Indonesian House of Representatives

Page 2: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Defining White Collar Crimes Current Trends and Occurrence in Asia

Page 3: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

White Collar Crime

“Non-violent” crimes (e.g. fraud, corruption, money

laundering, etc.)

VIOLATION

Individuals of respectability and power, high-level positions/status

PERPETRATOR

Committed in priviledged situations for financial or

other private gain

TRAIT

Page 4: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

States and Regional Characteristics W

CC

Tre

nd

s in

Asi

a

West Asia

East Asia

Southeast Asia

Natural resource (oil, gas, mineral)

Robust economic growth

Emerging, newly industrialised

Energy Industry (e.g. Fraud on offshore

companies)

Corporate Olygarchy (Bribery, embezzlement)

Private-Public (Bribery, tax evasion,

misused power)

Page 5: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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)

Page 6: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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

Page 7: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

3 Ways to Strengthen Misconduct Management Procedures in Public Sector

Public sector can

utilize their audit

function, authority

or internal control

routine, and whistle-

blower report

DETECTING Improving the exposure

could be done by

ensuring transparency,

access for public and civil

society, and investigative

media coverage

EXPOSING

Public sector and

governmental

institution should

develop a strong

ethics and conduct

regime, and review the

existing rules/codes

DETERRING

Page 8: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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 regulatory prevention and ethical enforcement

Lack of comprehensive laws in addressing white collar crimes

Page 9: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Proposed Prevention Efforts through Ethic and Conducts Parliament’s Perspective

Page 10: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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.

Page 11: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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’s Focus

Page 12: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

GOPAC consists of

5 Regional

Chapters

and

62 National

Chapters

SEAPAC

OCEANIA APNAC

LATIN AMERICA

ARPAC

Anti-Money Laundering

UN Convention against

Corruption

Parliamentary Oversight

Parliamentary Ethics and Conducts

Participation of Society

GOPAC’s programming model uses Global Task Forces (GTFs) to promote agendas identified by membership through a regionally representative group of parliamentarians that champion specific issues.

GOPAC

Network &

Global Task

Forces

Page 13: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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

Page 14: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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

Enhance public’s level of trust in Parliaments and Parliamentarians

Implement the provisions of Article 8 UNCAC, which provides for the development ‘Codes of Conduct for Public Officials’

Page 15: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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

Page 16: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Determining the purpose, and establishing the principles of an ethics and conduct regime

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.

Creating the political will for reform

Generate agreement around the broad principles by which all politicians

should abide. E.g. Integrity, Accountability, Objectivity, Impartial, etc.

Get agreement on ethical principles

Page 17: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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?

Page 18: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Establishing the regulatory system and training members

Develop a robust system of regulation which can enforce the rules. This

includes finding the right mechanisms and proportionate sanctions.

Mechanisms for regulation and enforcement

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.

Developing a culture

Page 19: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

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.

Page 20: Preventing White Collar Crimes in Public Sector ... · Preventing White Collar Crimes in Public Sector: Parliament’s Perspective Endah Retnoastuti ... media coverage EXPOSING Public

Thank You GOPAC Global Secretariat – Jakarta Office

DPR/MPR Building, Nusantara III, 2nd Floor Jl. Jend. Gatot Subroto, Central Jakarta,

INDONESIA 10270

gopacnetwork.org [email protected] /gopacnetwork @GOPAC_Eng


Recommended