State Capture: Is It a Crime? How the World Perceived It

Sitorus, Lily Evelina

doi:10.15742/ilrev.v1n2.82

Cited by 12 publications

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“…Tenten Masduki, one of the major players in combating corruption in Indonesia also has a similar view the state capture is a policy made to the advantage of entrepreneurs. 34 Although, according to the general understanding of corruption and state capture are the same thing, there is a difference between the two. Corruption is generally intended to change the implementation of existing and applicable laws, regulations, or policies, while state capture refers to corrupt acts committed in an attempt to influence how laws, regulations, and policies are formed.…”

Section: State Capture In the Formation Of The Job Creation Lawmentioning

confidence: 99%

Omnibus Law on Job Creation: State Capture?

Ambarwati

2021

JMH

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The study aims to analyze whether there is a state capture in making the Job Creation Law. Since the Job Creation Law was raised, many parties have criticized the existence of the Law because in the making of the Job Creation Law it is believed that it is more beneficial to employers, giving rise to an indication of state capture in its making. The research method used is a form of normative research with a statutory approach. The result shows that there is a state capture carried out by the authorities and employers in the making of the Job Creation Law. About 262 or 45.5 percent of the 575 House of Representatives members are affiliated with the company and therefore the regulations to be made more favorable for employers or investors while the welfare of workers is at stake. The rushed legislative process causes the values and aspirations of the people to be unable to be proportionally aggregated and accommodated, and this is certainly contrary to the principle of participation and the principle of openness as stipulated in the provisions of laws and regulations.

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Section: State Capture In the Formation Of The Job Creation Lawmentioning

confidence: 99%

Omnibus Law on Job Creation: State Capture?

Ambarwati

2021

JMH

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“…So, in its entirety, the capture of the state is understood as appropriation or control of state resources by elites, which then use these resources either for personal gains or for political gains, thus causing the deformation of the democratic process [28,26]. Forms of state capture and capture types are different, for Lily Evelina Sitouris [46] in discussing the type of state capture, the emphasis should be on the institutions that are the subject of capture and the type of actors that aim at capture in the wake of this logic referring to Mihaly Fazekas and Istvan Janos Toth [27], the capture appears to us to be of two types: local, which means entering into a relationship captured only by some public and private organizations, thus leaving a certain number of 'islands' relatively autonomous and global, which presents the situation when an elite at the national level controls the captured organizations that are related to each other. Even in the type of state capture provided by Abby Innes [29], the capture of the state appears to be of two types: capture of the state by the party and capture of the state by corporations.…”

Section: Political Elites: From the Competition To Domination And Thementioning

confidence: 99%

Western Balkans Integration into European Union: Challenges and Consequences

Halili

2019

PoS

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This paper is intended to analyze the challenges and consequences of the integration of Western Balkans to the European Union. Specifically, in the first case, challenges of this integration path and in the second case the consequences as a result of eventual stagnation in this path. For more than a century, the Western Balkans region has been seeking its way of European transformation. The region remains in the agenda of European Union expansion, but even after two decades of promises, the integration of Western Balkan countries to EU is not certain. The integration journey is first of all closely connected to building the institutional capacities, adoption of laws, rules, norms and European behavior in the domestic policymaking. Therefore, the challenges are converted into obstacle or inability to the establishment of values, identity, institutional and social aspects in the Western Balkan countries, whereas the consequences are reflected as derivatives of failure to accomplishing the membership of the region to EU. Based on the research conducted on this issue, this study argues that such challenges as lack of rule of law, high levels of corruption and organized crime are derivatives of historical legacy and political elite efforts to capture the state or dominate certain state resources, as well as of the EU approach towards this region. This study is important particularly in this aspect and unequivocally presents the common and separate challenges of the Western Balkans towards integration into the European Union. Along with this realistic presentation, the consequences themselves appear which first of all are not only to the detriment of the Western Balkans.

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“…State capture can be achieved by establishing local networks of patronage, red tape and bribe extortion, lack of local capacity, misuse of local public resources, public procurement, the facilitation of services and informal payments, the culture of impunity and lack of efficient controls and oversight mechanisms (Sitorus 2011, 56–57). It can manifest in different forms.…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Critical Reflections on State Capture in South Africa

Madonsela

2018

Insight on Africa

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Institutionalised state corruption has morphed into a phenomenon entitled state capture in South Africa. State capture is the repurposing of the country's institutions towards private individual interests. In the process public interest is jettisoned in favour of private material gain for select connected individuals in the private and public sector. The issue of state capture dominated public debate about the future of governance in South Africa after the former Public Protector, Thuli Madonsela's report titled State of Capture was released in late 2016. This document highlights how the Zuma-Gupta patronage network used state companies to enrich themselves. While some believe state capture to be a fairly new phenomenon, many analyst argue that it had been part of the dealings of the ruling party for years. It could be argued that it started post-1994, after the state adopted a variety of policies to re-allocate resources across a broad sector. This included incentives for black industries and Black Economic Empowerment strategies. This radical economic empowerment meant controlling the height of the economy instead of creating black-owned small and medium-size enterprises. With that in mind, this article seeks to provide critical reflections of state capture in South Africa.

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State Capture: Is It a Crime? How the World Perceived It

Cited by 12 publications

References 0 publications

Omnibus Law on Job Creation: State Capture?

Omnibus Law on Job Creation: State Capture?

Western Balkans Integration into European Union: Challenges and Consequences

Critical Reflections on State Capture in South Africa

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