State Capture: Judicial Review of Administrative Law in Bailout Century Policy

Abstract

Accountability is the key to good governance. In global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn't have the necessary rules to solve problems arose. In Indonesia, the decision from government to bailout century bank is controversial as of right now. The need of comprehensive law in related to economic, political and social factor should be considered. Unfortunately, bailout policy can be seen in two ways: state capture or business capture. State capture for some countries is a form of corruption: less known but still very pervasive, found often but not exclusively in transition countries. Others called it business capture: the state unlawfully taking control and exercising undue influence over businesses. By comparing both, there’s another characteristics emerge: maladministration. Administrative failure which hard to define but one always can find it exist in the exercise of good governance.



Author Information
Lily Evelina Sitorus, University of Indonesia, Indonesia

Paper Information
Conference: ACPEL2016
Stream: Law 7. Public Law and Policy

This paper is part of the ACPEL2016 Conference Proceedings (View)
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