IUP Civics Class 101

Paper
Eradicating Corruption in Indonesia

Lecturer:

Tri Widyastuti

Names:

M. Kemal Fahreza (02211942000008)

Raisha Anniza Effendie (02211942000014)

Rifandi Yahya Fedyandi (03111942000012)

Farah Judith (02111942000003)

Fattah Rosady (02111942000001)

Christopher Moses Nathanael (02211942000002)

Gabriela Valeriana (03211942000009)

Fransiskus Satrio Surya Gading (03111942000008)

Achmad Jibril Harahap (03211942000019)

NOVEMBER 10th INSTITUTE OF TECHNOLOGY

1. Background of the problem

Corruption is a chronic problem that occurs in the Indonesian nation. The phenomenon
that occurs is permissive culture that arises in a society where there is a thirst for a state that is
free from corruption but still practices corrupt behavior. Law enforcement for corruption is also
still running in place, especially at the attorney apparatus and the police, public service sectors
that tend to be bureaucratic and inefficient, the private sector which also does not hesitate to
practice corruption efforts for profit of the greatest magnitude and most importantly is the
wasteful electoral system of legislative and executive leaders is also a cause of fertility of
corruption.

It is an irony if we expect this country to be a country free from corruption, but acts that
lead to corruption are left unchecked and values that support the elimination of corruption are
considered strange and result in exclusion for those who practice it.

Since the reforms echoed 15 years ago, the agenda to eradicate corruption is one of the
demands put forward by all people in Indonesia. They want the existing government of Indonesia
to adhere to the principles of transparency, accountability and fairness which are also principles
in the enforcement of anti-corruption. However, in actual practice corrupt behavior is still often
cultivated. The value of honesty that is always instilled and echoed sometimes in the practice of
community life becomes a rare thing that can even lead to isolation by the surrounding
community. Still taking the example of the National Examination event, In 2010 in Surabaya
there was a mother and child who had to move from their villages because they upheld the
principle of honesty by not tolerating cheating and spreading answer keys and reporting the
incident to the education office and getting exposure from media.

2. Problems formulation

. What is the definition of corruption itself?

. What is causing corruption to be happening?

. How is the effect of the corruption for the country?

. How to extinguish the practice of corruption in the country?

3. Discussion

3.1 Definition of Corruption

Ethomological corruption comes from Latin: corruptio from the verb

corrumpere which means rotten, corrupt, shaking, twisting, bribing). Corruption is
literally the behavior of public officials, both politicians or politicians and public
servants, who improperly and illegally enrich themselves or enrich those close to them,
by abusing the public power entrusted to them.

Then Robert Klitgaard in his book Controlling Corruption (1998) quoted by

Wiwit (2010) defines corruption as "behavior that deviates from the official duties of a
State office because of status benefits or money that concerns a person (individual, close
family, own group) or to violate the rules for implementing some personal behavior ".
According to Komberly Ann Elliott in Corruption and The Global Economy, quoted by
Wiwit (20101) presents the definition of corruption, which is "misusing government
offices for personal gain".

From a legal standpoint, the criminal act of corruption regulated in Law Number
30 of 1999 concerning Eradication of Corruption Crimes includes the following
elements:

a) Acts against the law;

b) Abuse of opportunity authority, or facilities;
c) Enrich oneself, others, or corporations;
d) Is detrimental to the country's finances or the country's economy.
In addition there are several other types of criminal acts of corruption, including:
a) Giving or receiving gifts or promises (bribery);
b) Embezzlement in office;
c) Extortion in the office;
d) Participate in procurement (for civil servants or state administrators);
e) Accept gratuities (for civil servants or state administrators)
 Whereas based on Syed Husen Alatas (1997) cited in
http://leinadunam.blogspot.com/2010/05/m understand-corruption-and-modus-
operandinya.html, sociologically corruption consists of:
a) Transactive corruption This type of corruption is caused by a reciprocal agreement
between the giver and the recipient for the benefit of both parties and actively records
those profits.
b) Extortive corruption Extortion is corruption in which the giver is forced to hand over
bribes to prevent losses that are threatening him, his interests or something of value to
him.
c) Defensive corruption (defensive corruption) People who act violently because if not
done, the business will be hampered or stopped (the behavior of victims of corruption
with extortion, so corruption in order to defend themselves).
d) Investive corruption Giving goods or services without obtaining certain benefits, other
than profits that are still in the imagination or imagined to be obtained in the future.
e) Corruption of kinship or nepotism (nepotistic corruption) This type of corruption
includes the unauthorized appointment of relatives or close friends to occupy positions
in government. Rewards that conflict with those norms and regulations may be in the
form of money, special facilities and so on
f) Autogenic corruption A form of corruption that does not involve others and the
perpetrators are only one person.

3.2 The Cause of Corruption

Many theories discuss the causes of corruption. The GONE theory coined by Jack
Bologne explains that the root causes of corruption come from greed, opportunity, need
and punishment.

Greed arises because of the insatiable nature possessed by humans. Even with
high income, if controlled by greed based on a sense of being insatiable from the needs
that are met, then corruption will also be committed. An example found recently was in
the case of Bribery to the former Head of SKK Migas with the initials RR, as the head of
SKK Migas and the commissioner of Bank Mandiri, the salary earned was around 260
million per month but with that income RR was suspected of being willing to accept
bribes from Kernel Oil.

Opportunity is a situation which is an attractive factor for criminal activity. In a

criminal act of corruption, the weakness of the rules or the power that is owned makes
someone have the opportunity to launch the action. necessity is another cause of
corruption. If greed is driven by a sense of insatiability, then need to cause corruption is
due to circumstances that require a person to be brave enough to commit such acts of
corruption.

Exposure / punishment is one of the causes of corruption because if the penalties

applied to corruptors are weak or law enforcement can be done hanky panky certainly
there will not be a deterrent effect in the act of corruption. This article will discuss
specifically the steps that can be taken to improve law enforcement.

The four factors greed, opportunity, need and exposure above can stand alone or
can also arise into factors that support each other to encourage someone to commit acts of
corruption.

3.3 Corruption’s Effect

According to Soejono Karni (2010) on the blog

http://soejonokarni.wordpress.com/category/11-secause-practices-corruption-and-
corruption/, the impact of the impacts caused by corrupt acts are:

 Destroying the Community Order System, Community Norms Destroyed by

Collusion. Corruption tends to undermine publicly supported governments
 Mostly People Suffer in the World of Economics, Administration, Politics and Law
 High Economic Costs Occur
 Difficult to Improve Efficiency
 Whereas K.A. Abbas (2010) outlines the dangers of corruption due to:
K.A Abbas (1975), corruption has a very dangerous effect on human life, both aspects of
social, political, bureaucratic, economic, and individual life. The danger of corruption for
life is likened to that corruption is like cancer in the blood, so the owner of the body must
always do "dialysis" continuously if he wants to be able to live on. Axiomatically, the
consequences of corruption can be explained as follows:
a) The danger of corruption to society and individuals.

If corruption in a society has run rampant and become a food for the people every day,
then the consequences will make the community a chaotic society, there is no social
system that can apply well. Every individual in society will only be selfish (self-interest),
even selfishness. There will be no sincere cooperation and brotherhood.

b) The danger of corruption to the younger generation.

One of the most dangerous negative effects of corruption in the long run is the destruction
of the younger generation. In a society where corruption has become a daily diet, children
grow up with antisocial personalities, then the younger generation will consider
corruption as normal (or even their culture), so that their personal development becomes
accustomed to dishonesty and irresponsibility. If the young generation of a nation like
that situation, you can imagine how bleak the future of the nation.

c) The danger of corruption to politics.

Political power achieved by corruption will produce government and community leaders
who are not legitimate in the public eye. If this is the case, the people will not trust the
government and the government, so they will not obey and submit to their authority.

d) Economy

Corruption damages the economic development of a nation. If an economic project is

carried out laden with elements of corruption (bribery for graduation of the project,
nepotism in appointing project implementers, manipulating it in implementation and
other forms of corruption in the project), then the expected economic growth of the
project will not be achieved.
 e) Bureaucracy

Corruption also results in inefficient bureaucracy and increased administrative costs in

bureaucracy. If bureaucracy has been contained by corruption in various forms, then the
basic principles of rational, efficient and qualified bureaucracy will never be
implemented. The quality of service must be very bad and disappointing the public. Only
people who have it will get good service because they are able to bribe. This situation can
lead to widespread social unrest, social inequality and subsequently possibly social
outrage which led to the fall of bureaucrats.

3.4 Corruption Eradication Efforts

There are a few precautions and government’s efforts in order to exterminate the
activity of corruption in Indonesia and it has been changing ever since. Here are some of
the law that ties the corruption and the punishment of it.

The New Order, Legal Basis: Law 3 of 1971

Corruption in the new order begins with the control of the army over
strategic businesses.

Reformation, Legal Basis: Law 31 of 1999, Law 20 of 2001

Corruption eradication in Indonesia is currently carried out by several institutions:

a. Tastipikor Team (Corruption Crime)

b. Corruption Eradication Commission

c. Police

d. Attorney

e. BPKP

f. Non-government organizations: Mass media Mass organizations (e.g. ICW).

4. Conclusion

Corruption is a chronic problem that occurs in the Indonesian nation. Phenomenon that
occurs is permissive culture that arises in a society where there is a thirst for a state that is free
from corruption but still practices corrupt behavior. Law enforcement for corruption is also still
running in place, especially at the attorney apparatus and the police, public service sectors that
tend to be bureaucratic and inefficient, the private sector which also does not hesitate to practice
corruption efforts for the greatest amount of profit and the most important thing is that the
wasteful electoral system of legislative and executive leaders is also a cause of fertility of
corruption

The root cause of corruption comes from greed , opportunity , need and Exposes
(punishment). Greed arises because of the insatiable nature possessed by humans. Opportunity is
a situation which is an attractive factor for criminal activity. In a criminal act of corruption, the
weakness of the rules or the power that is owned makes someone have the opportunity to launch
the action. Need or need to cause corruption due to circumstances that require someone to be
brave enough to commit these acts of corruption. While the Exposure / punishment is one of the
causes of corruption because if the punishment applied to the corruptors is weak, certainly there
will not be a deterrent effect in the act of corruption.

In overcoming this several things that can be done are:

a) Develop a culture of shame, discipline and orderly law

b) Develop anti-corruption values early on

c) Creating character education and educating

d) Strengthening the role of the KPK through a greater mandate to become the only institution
that carries out law enforcement activities in the field of corruption, especially in the process of
investigation, investigation and prosecution.

e) Increasing the support of human resources, funds and political support for the KPK in carrying
out its role.

f) Carry out judicial reform by strengthening judicial independence, increasing judicial

accountability by collaborating with NGOs and universities to conduct public examination of
court decisions specifically in the area of corruption, and strengthen the oversight function
carried out by the Judicial Commission
g) Running the bureaucratic reform agenda in a clearer direction with the following direction:

 Structural downsizing by further enriching functional positions

 Making SOP must be accompanied by indicators of speed and quality
 Managing human resources by prioritizing competencies and having clear performance
standards
 Establishment and implementation of minimum service standards for all types of services
performed by the Government

h) In addition, several policies related to bureaucracy that can be adopted from abroad are:

 Refendary system of a system developed in the bureaucracy in Finland related to

collective and collegial decision making in the hope that the involvement of the parties in
addition to being able to improve the quality of decisions can also provide transparency
over decision mmaking.
 Widespread implementation of e-government
 Blind Trust System (November 2005): all financial accounts of officials must be
administered to certain banks appointed by the government
 Remuneration that refers to payroll in the private ssector
 Establishment of a code of ethics specifically related to the prevention of conflicts of
interest
 Require every civil servant to issue a statement free from debt problems.

i) Reducing bribery activities carried out by the private sector by establishing a law governing
bribery carried out by foreign parties, applying a non-cash mechanism in daily transactions

j) Allows the inclusion of the imposition of a criminal act of corruption for tax evaders.

k) Minimizing the election critical points by:

 Simultaneous elections for all regional head elections

 Oversight of the planning process to the procurement of goods and services for the
election must be strengthened. This can be done by increasing the transparency of the
process by announcing the planning document to the public so that joint supervision can
be done
  Money politics problems when determining candidates in political parties and
accountability for campaign funds can be overcome by the existence of an obligation to
audit political parties' finances and received campaign funds.
 The problem of verifying candidates and the DPT can be reduced by the existence of a
more intense strengthening of the Election Supervisory Board and the announcement of
DCS to the public
 For the implementation of a cheaper campaign, the KPU can establish certain
mechanisms that must be used by each candidate and the maximum amount of campaign
funds must also be determined
 Limitation of the right to be elected for the families of elected regional heads and former
regional heads who served before the election process.

5. Recommendations

The government should be more capable of electing its candidate to be the one who will
rule and make the new rule in the country.

Corruption can bring a country into its doom even by just doing a tiny bit of corruption
because corrupting means that you are using other people’s rights of money while they are
suffering from poverty.

As an adolescent, we also need to be aware of the nation’s economical condition thus

making our mindset to be focused on together’s purpose rather than a purpose for your own
benefit only.

We should apply the values that support the creation of freedom from corruption in our
daily life since we crave for a nation that is free from any kind of effect from corruption.

The government must establish a more effective reporting system in order to make people
to report any kind of corruption or any kind of things that are similar to it with more ease and
request reports from relevant institutions regarding the prevention of criminal acts of corruption
in the country.
6. References

[1] “Biaya Tinggi Kampanye Pilkada Dinilai Pemicu Korupsi | Republika Online.” 2013. Republika Online. Diakses
pada 12 September 2013. http://www.republika.co.id/berita/nasional/umum/13/07/19/mq6zjb-biaya-tinggi-
kampanye-pilkada-dinilai-pemicu-korupsi.
[2] “Pemerintah Ngebet Kembalikan Pilkada Ke DPRD.” 2013. KOMPAS.com. Diakses pada 12 September 2013.
http://nasional.kompas.com/read/2013/06/04/05005611/Pemerintah.Ngebet.Kembalikan.Pilkada.ke.DPRD.
[3] “Selat Katilada Karya Ronggo Warsito.” 2013. Sengkolo Ilange Roso Katresnan. Diakses pada 12 September
2013. http://yoyosw.wordpress.com/ronggo-warsito/.
[4] “GONE Theory.” 2013. Pengetahuan. Diakses pada 12 September 2013.
http://roeshanny.wordpress.com/2009/02/04/gone-theory/.
[5] Erisnanto, Muklis, and Rendi Saputra. 2013. “27465002 Makalah Transfer Pricing.” Scribd. Diakses pada 12
September 2013. http://ml.scribd.com/doc/130529589/27465002-Makalah-Transfer-Pricing.
[6] International, Transparency. 2010. “Global Corruption Report 2009.” Issuu. Diakses pada 12 September 2013.
http://issuu.com/transparencyinternational/docs/global_corruption_report_2009.
[7] KPK. 2006. Komisi Anti Korupsi Di Luar Negeri (Deskripsi Singapura, Hongkong, Thailand, Madagascar,
Zambia, Kenya Dan Tanzania). Jakarta: Deputi Pencegahan KPK. Diakses pada 12 September 2013
http://acch.kpk.go.id/documents/10157/27925/Komisi-Anti-Korupsi-di-Luar-Negeri.pdf.
[8] KPU, Modul I Pemilu Bagi Pemula, 2010, diakses pada 13 September 2013
http://www.kpu.go.id/dmdocuments/modul_1c.pdf
[9] Mardiasmo. .Perpajakan. 2002 Yogyakarta: Penerbit Andi
[10] Nur Asih, Wiwit, Upaya Pemberantasan Korupsi di Indonesia, 2010. Diakses pada 12 September 2013.
http://wiwitna.blogspot.com/2013/03/upaya-pemberantasan-korupsi-di-indonesia.html
[11] WIdodo, J. Pajar. 2012. “Reformasi Sistem Peradilan Dalam Rangka Penanggulangan Mafia Peradilan.” Jurnal
Dinamika Hukum 1. 12 (January 1). http://fh.unsoed.ac.id/sites/default/files/fileku/dokumen/JDH2012/9.pdf.
[12] Widjoyanto, Bambang, Potensi Korupsi dalam Pelaksanaan Pemilu, 2008. Diakse pada 13 September 2013
http://www.antikorupsi.org/id/content/potensi-korupsi-dalam-pelaksanaan-pemilu