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Court Corruption (ECPR Reykjavik 2011)


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Presentation of paper presented at ECPR 2011

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Court Corruption (ECPR Reykjavik 2011)

  1. 1. Courting Corruption A Comparative Case Analysis of Political Signalling in the Prosecution of Corruption in Post-Suharto IndonesiaSamuel ClarkECPR Conference, Reykjavik27 August 2011
  2. 2. Outline• Puzzle• Theoretical approach• Methodological approach• Case examples• Comparative analysis• Preliminary model• Conclusions and next steps
  3. 3. Puzzle• Why is corruption prosecuted and convicted at all given that (a) corruption is so embedded in and “accepted” (amongst the political elite) as the way politics is done in Indonesia; and (b) the judiciary itself is corrupt? – Why has the number of local cases increased? – Why are local corruption cases investigated? – Why are local politicians prosecuted and convicted?
  4. 4. Theoretical approach• Law-centred explanations• Attitudinal-centred explanations• Institutional-centred explanations – Internal rules, norms and procedures – External institutional factors • Political institutions • Legal mobilization support structure
  5. 5. Methodological approach• Mixed methods thesis • Methods – Theory development – Process tracing using qualitative case – Comparative analysis studies • Data sources – Formalization – Newspapers – Theory testing based on large-N empirical test – Interviews – Legal documents
  6. 6. Cases
  7. 7. Comparative analysis Temanggung Cilacap Semarang RembangCase outcome Convicted Convicted Dropped “Forgotten” (4 years) (8 years)Legal Civil servants CSOs CSOs CSOsmobilizers Parties Politicians Parties CSOsPublic Very high Medium-Low Medium LowmobilizationLocal elites United United Divided United-DividedNat- Coalition Opposition Coalition CoalitionlocalPoliticalalignmentKPK Yes, monitoring No Yes, monitoring Yes, Monitoringinvolvement
  8. 8. Preliminary model National Govt Coalition • Politicians: Investigator / Legal Mobilizers Judge Prosecutor •CSOs:
  9. 9. Conclusions• Democratization and corruption laws have: – resulted in a transfer of state largesse from the executive to the judiciary – provided an opportunity for Jakarta to intervene in local politics – Provided a normative instrument for civil society• Inductive qualitative and comparative sub- national research can help to adapt and develop theory in non-democratic and new democracy contexts