The Urgency of Combating Transnational Bribery in Indonesia by Ratifying the OECD Anti-Bribery Convention

Dodik Setiawan Nur Heriyanto1, Muhammad Arif Setiawan2, Rahadian Diffaul Barraq Suwartono3 & Mahrus Ali4

Abstract
The practice of bribery to government officials is usually carried out by companies to obtain convenience and/or privileges in international business transactions. This illegal of practice often occurs in developing countries which on the one hand need investors for the benefit of the country’s development and on the other hand still have weak law enforcement. Transnational bribery that occurs in Indonesia is due to weak law enforcement and low human resources. For this reason, using a normative legal methodology, this study discusses the urgency and advantages for Indonesia to ratify the OECD Anti-Bribery Convention in International Business Transactions. These two legal issues are examined using statutory, conceptual, and case approaches. This study concludes that Indonesia needs to ratify the Convention to provide legal certainty in carrying out the eradication of the cross-border crime of bribery. The ratification effort to the Convention will provide economic and legal advantages to Indonesia that include in strengthening its domestic law. Participation in the Convention will also increase international cooperation in terms of eradicating bribery in cross-border business
transactions.

Keywords: transnational bribery; Indonesia; international business transaction;
OECD; Ratification