Lex Silencio Positivo To Accelerate E-Government Implementation And To Reduce Corruption

Lisanawati, Go (2020) Lex Silencio Positivo To Accelerate E-Government Implementation And To Reduce Corruption. In: Good Governance And Anti-Corruption: Opportunities And Challenges In The Era Of Digital Technology (International Conference Proceedings), 27th and 28th October 2020, Hanoi (Zoom).

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Abstract

Corruption has been transformed into a difficult, systemic, and sophisticated problem over time. The law enforcement in corruption is not only dealing with the substance of the laws on anti-corruption but also with the system, especially how the development of the core of corruption exists in a “grey area” between a criminal and administrative system of law. The decision of public officials both in the meaning of “beleid” and “discretion” can be contradictive under the regime of criminal law in the context of “excuses”. Regarding the issue of the tackling of corruption and the uses of high technology, the Indonesian Government has released a package of regulations that encourages the utilization of technology to implement good governance then accelerate the effort of speeds up the fight against corruption. The Indonesian Government emphasizes the acceleration of bureaucracy reform as well to build a strong and good government system that is clean and free of corruption in every field, such as permitting, procurement, etc. The Indonesian Law on Administration can be synchronized with other regulations to accelerate the implementation of e-government as well as an effort to reduce corruption. Lex Silencio Positivo through a fictitious acceptance has put a burden on the Government to give a decision based on the request of the applicant that needs the decision of the Government Agencies after a certain time limit. Consistently implementing Lex Silencio Positivo will accelerate the implementation of e-Government. When the Authority did not issue the decision or action, the applicant did not need to sue to court. In this matter, this process will limit the interaction between applicants and administrative authority that may cause corruption practice. This paper will discuss the effectiveness of Lex Silencio Positivo as ordered in the law on the administration to reduce corruption.

Item Type:	Conference or Workshop Item (Paper)
Uncontrolled Keywords:	Lex Silencio Positivo; Practices of Corruption; e-Government; Good Governance
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	Ester Sri W. 196039
Date Deposited:	21 Jul 2021 07:54
Last Modified:	08 Mar 2024 04:04
URI:	http://repository.ubaya.ac.id/id/eprint/39831

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