Conflict of interest prevention clause in the constitution: The study of the Indonesian Constitution.

This study starts from the fact that Indonesia has adopted the separation of powers after reforming the state administration system. However, the separation of powers after twenty years was only formally against state power. Meanwhile, absolute power is not separate. The question is about the influence and involvement of economic power in state administrators. For example, the Indonesian law-making process for the Mining Law of 2020 and the Job Creation Law of 2020 was hijacked by political-business interests, which were biased between business and public interests. Many state administrators are affiliated with entrepreneurs, resulting in conflicts of interest in law-making and decision-making. This study assumes that a clause on preventing conflicts of interest must be formulated in the Constitution as the highest law of the land and state ethics. Therefore, this study aims to answer why the Constitution must include the conflict of interest clause. Also, how the substance of the prevention conflict of interest clause. The normative research method is used in this study by conducting a historical and comparative analysis of clauses to prevent conflicts of interest. This study also formulated ideal clauses to determine what actions are considered to create conflicts of interest that potentially impact law-making and decision-making.

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Déclaration de conflit d'intérêts

The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper.