Universal Jurisdiction over Corruption: Philosophy, Governance, and Its Implications for Indonesia

Abstract

The discourse surrounding corruption as an international crime is increasingly urgent due to its transnational impacts that trigger economic crises and threaten global security. This study addresses two primary objectives: redefining corruption within international legal mechanisms and exploring opportunities for the international community to recognise it as an international crime. Employing a normative research design, this study systematically analyses law as a system of norms. The methodology focuses on the study of laws, regulations, legal doctrine, and applicable principles, interpreting the implications of these norms within various international conventions. The research outcomes indicate that when corruption affects the security sector, violates human rights, or relates to environmental crimes where states are unable or unwilling to act, it meets the gravity threshold for an international crime. Key results suggest a pressing need for global commitment to amend the United Nations Convention Against Corruption (UNCAC) and the Rome Statute. The results of this study advocate for the recognition of corruption as a component of international crime under universal jurisdiction. It proposes utilising the International Criminal Court (ICC) to ensure accountability. While significant obstacles regarding state sovereignty and criminal jurisdiction remain, internationalising anti-corruption measures is essential to address systemic impunity and safeguard the international legal order.