Title: Legal Culture, Institutional Design Choices, and the Struggle to Implement an Effective Anti-money Laundering Regime in Indonesia
Abstract: Observers often attribute problems encountered in transplantation of legal institutions to differences in legal culture. This article argues that attention should first be directed to more prosaic matters: the consequences attendant u on early decisions of institutional design; the degree of thoroughness with which new institutions and rules are integrated with existing institutions and law; the extent to which resources are devoted in a manner consistent with the new institutions; and simple institutional self-interest. Indonesia's experience with development of an anti-money laundering regime suggests that legal transplantation has much in common with any legal reform. Legal culture often functions as a residual category, denominating what cannot be, or has not been, more precisely explained. To give the concept greater primacy may cut short useful investigation and analysis.
Publication Year: 2005
Publication Date: 2005-05-01
Language: en
Type: article
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Cited By Count: 2
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