Indonesia Law Country, Why Corruption Is Rampant?
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Background
Human are not out of necessity. In essence, these various needs have to be fulfilled for a moment and some are postponed to be fulfilled and some do not need to be fulfilled, that is the economic phrase I know since I was in grade X in school. Basically human needs are not all of them to be met, but because of human nature as described by an Economics teacher on the bench of Aliyah Suratini, SE., Said that humans have an insatiable nature that causes unlimited needs. We can not deny that there is a value of greed in man, which causes him to have an insatiable nature and his infinite will. This insatiable nature is contrary to the nature of human desire, which is always wanting satisfaction, so various ways are done to get that satisfaction. Satisfaction is what is actually a human need. When one fulfilled the needs arise again another need after this other needs are met, it turns out that humans are not satisfied so arise again the needs of others and so on until the human died, even some say after death diununun still need something to be fulfilled by his family still alive. Indeed basic human beings, creatures that are never satisfied. it turns out that humans are not satisfied so arise again the needs of others and so on until the human died, some even say after death diununun still need something that must be fulfilled by his family is still alive. Indeed basic human beings, creatures that are never satisfied. it turns out that humans are not satisfied so arise again the needs of others and so on until the human died, some even say after death diununun still need something that must be fulfilled by his family is still alive. Indeed basic human beings, creatures that are never satisfied.
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Each human being has a need that demands them to fulfill it. Humans have different abilities so that their ability to meet their needs varies according to their abilities. This is what causes people to be rich and some are poor, some are happy and some are difficult, the gap occurs, the poor want rich rich want to get richer so they compete towards wealth and show of wealth. There were clashes everywhere, the poor clashed with the rich and the rich clashed with the rich as well, eventually the poor sesame joined the conflict. The problem becomes complex, if not set it will damage and continuously mutually mutually to each other. Harmony, comfort, and safety are threatened. Prosperity will be impossible.
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There is a society, there is a law, the law if it is not guaranteed its sustainability will be weak and not firm, many fraud so there must be that affirms and upholds, so that human beings with reasonable mind create law enforcement tool that I call "State". So be thankful that man is endowed with reason by God.
As described above, humans have different abilities to meet their needs. Plus, humans are good and some are bad (nature). A good man will use a good way to meet his needs and so will bad humans use a bad way to meet his needs, although in reality it is not always so.
Well, one of the human ways to meet his needs (more ideally read greed) is "corruption." It is undeniable that this happened. Fair corruption takes place, but it is not fair if corruption is rampant especially in legal countries like in Indonesia's beloved country. If we contemplate this sentence it will cause confusion and blame each other. Indonesia is a state of law but corruption is rampant. What is wrong? Who is wrong? Why wrong? So Who's to blame? And how to keep everything right? It becomes complex and more complicated, we become hopeless and pessimistic.
Various efforts were made to combat this corruption, for example the making of law on eradication of corruption crime in Indonesia that is Law no. 31 of 1999 and subsequently replaced with new Law no. 20 Year 2001, but the more irony there are laws that regulate it the more visible the people who do it.
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The International Federation, Indonesia shows a shame that should be embarrassing for example the Fund for Peace Organization released their latest index of Failed State Index 2012 in which Indonesia is in position 63. While state number 1 is considered a failure is Somalia. In making the index, the Fund for Peace uses indicators and subindicators, one of which is corruption perception index. In their explanation, from 182 countries, Indonesia is in the order of 100 for the corruption index affairs. Indonesia differs only 82 from the most corrupt countries based on this institute index, Somalia. [1] If we further back for example in 2006 Indonesia was ranked 130th out of 163 Countries released by Transparency International.[2] This is what happens in Indonesia, which we can not elude.
But even so, we should not be pessimistic, so we must be optimistic. Optimistic as the starting point in solving all problems.
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Below we will parse briefly about corruption in Indonesia.
Understanding and Causes
Corruption is a very familiar term in our ears, every day either in the television media or in the print media always alludes to this term. Because of the popularity of this term everyone almost knew it, whether among ordinary people or educated society, both young and old have been familiar with this term. But not all circles understand the ins and outs and classification is dangerous which became one of the problems that must be solved if we want to eradicate kemerajalelaan corruption. Briefly described below.
Corruption in Latin is called Corruptio - corruptus , in Dutch called corruptie , in English called corruption , and in Sanskrit as stated in the Ancient Manuscript of Kertagama State the literal meaning of corrupt shows to the corrupt, decayed, corrupted, dishonest deeds associated with with finance. [3]
Corruption in the Black's Law Dictionary is "an act committed with an intention to provide an advantage that is inconsistent with the official obligations and rights of the other parties, falsely uses his position or character to gain an advantage for himself or for a person others, along with their obligations and the rights of others. " [4]
In anti-corruption positive law especially Article 1 number 1 Chapter General Provisions of Law. 30 of 2002 stated about the definition of corruption crime: " Corruption is a criminal act as referred to in Law Number 31 Year 1999 concerning the Eradication of Corruption as amended by Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption . "
Thus, it can be described about the definition of corruption crime are all provisions of the material law contained in Law no. 31 of 1999 as has been replaced by Law no. 20 of 2001 provided for in Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12A, 12B, 13, 14, 15, 16, 21, 22, 23, and 24. [5]
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From the articles listed above, it is clear that those actions include corruption.
More details of the grouping or categorization of corruption can be seen below.
1. Briberyare payments (either in money or in other forms) provided or received in a corrupt relationship. To pay or accept a bribe can be classified as corrupt, and should be understood as the core of corruption. Bribery is a certain amount, a percentage of the value of the contract, or other forms of granting money, which are usually paid to state officials who can make contracts on behalf of the state or distribute profits to states, individuals, employers and clients. Bribes themselves can be distinguished on repayments, bribes, and gifts, received from the public. These forms of payment are intended to accelerate and simplify the various matters relating to state bureaucracy. The grant is used to avoid taxes, regulations relating to the environment, or even to protect markets and monopolies, export-import licenses, and so on. Bribery can also be an unofficial tax, if a public official imposes an "additional fee" (under the table payment ) to the consumer (public / public). It can also be categorized as a bribe when a government official or party person conducts a campaign and then the voters are given a donation or other gift forms.
2. Embezzlement is a form of theft committed by public officials to the public, a form of misuse of public funds. Embezzlement occurs when a state official steals from a public institution he leads. However, disloyal employees may embezzle money and other forms from where they work. From a legal standpoint, embezzlement does not fall under the category of corruption. According to the termination of the law of corruption is a transaction between two individuals, the government on the one hand and the public on the other, ie the government uses the laws and regulations to protect itself from the form of bribes. Embezzlement is more properly categorized as a form of theft because it does not involve the public side directly. Based on this there must bepolitical will which acts as a free judicial power and the legal ability to monitor embezzlement. Embezzlement is a form of corruption and abuse of authority. Can be categorized as embezzlement is where a public official through his or her power and authority extends a private business and distributes it to members of their family. Numerous forms of state enterprises and other state enterprises are held by close people and families of the ruling party.
3. Fraud is an economic crime involving forms of deceit. This is an extension of the form of embezzlement and bribery. An example of this form of fraud is when state agencies and state representatives are tied up in illegal trade networks.
4. Blackmail is asking for money or other forms that use violence and coercion. Which can be categorized as a form of extortion in this case is the withdrawal of protection money or security money commonly done by "thugs". The practice of corruption in this form can also come from above, if the state itself acts as a mafia.
5. Collusion is a mechanism of abuse of authority in the case of privatization and the biased distribution of state-owned resources. Collusion is an act involving people who have closeness such as family, believer or colleague. Collusion is related to corruption that affects the uneven distribution of resources. Collusion is not only a matter of law and procedure but also concerning qualification, skill and inefficiency issues .
6. Nepotism is a special form of collusion, the holder of power is more favored in dealing with certain people such as family. [6]
Then the causes of corruption vary, as explicitly as stated by Ermansjah Djaja as follows.
- Incorrect State organizing system
- Low civil servant compensation
- Greedy officials
- Law enforcement not working
- A mild penalty against corruptors
- Ineffective supervision
- The absence of exemplary leaders
- Culture of society conducive to KKN
About this case various opinions are made. Coupled with experiences so that the following assumptions or hypotheses can be made.
- The lack of salary or income of civil servants compared with the increasing needs of the day
- The background of Indonesian culture is the source or cause of widespread corruption
- Poor management and less effective and efficient control
- The cause of corruption is modernization [7]
Various opinions have been raised about the causes of corruption, but it is as if there is no effect on the handling. Day after day corruption is rampant. Corruption has become a hegemony for the people of Indonesia, since colonial times the culture of corruption has grown in the community, so gradually grow and develop among the people who then ingrained in the generation of the nation. As the evidence can be seen the generation of Indonesia is a generation of corrupt mentors, and see also there is voluntary acceptance in society against corruption behavior for example in the phrase "natural, his name is also human, need to eat need to drink" This is one proof has menghegemoninya corruption among generations nation.
Analysis of Why Corruption Is Rampant
Before we go any further we may have to ask the opening question, why corruption is difficult to eradicate? In answering this question should be analogous to theft, why is theft difficult to eradicate? From this penganalogian can be drawn a short answer that is impossible corruption eradicated as impossible theft eradicated. But in this discussion, this is not what is meant but the question of why corruption is rampant in the case of Indonesia is a State of law? What is wrong? Who is wrong? And who is to blame?
It is common for corruption to exist, but it becomes unconventional if corruption is rampant.>
Indonesia is a law state and it becomes unnatural if corruption is rampant, but in reality it is rampant. Before we criticize things first we must see how law enforcement in Indonesia, whether it is upright or still tilted. Obviously the answer is still tilted so this is what causes the corruption is rampant.
In upholding the law and combating corruption, as Soerjono Soekanto says there are at least four factors that need to be reviewed.
First , the legal factor itself. Whether or not this law is appropriate or needs to be changed in accordance with the times, whether this law is in accordance with the development of society, and whether this law can be enforced, in this case can be manifested in the Corruption Act and other laws that support it.
Second , law enforcement factors. Are law enforcers willing to enforce the law or vice versa, whether the law enforcement officers enforce the law. If willing and able of course his business should not be half-hearted, must be as strong and maximum as possible. In this case there are two categories of law enforcement that is active law enforcement: KPK (Corruption Eradication Commission), Police, Prosecutor, Judge, and Lawyer. While passive law enforcement is all citizens of Indonesia.
Third , the legal culture factor. How to culture society in upholding the law. In Indonesia, the culture itself is a culture that violates the law and does not corrupt itself. In this factor is the awareness and support of the community in obeying and enforcing the growing law. In Indonesia itself still shows the minus value of legal obedience. And
Fourth , facility factor. Law enforcement requires adequate facilities, now has begun to form facilities or facilities that support the enforcement of Indonesia related corruption such as the existence of KPK (Corruption Eradication Commission) and others, but still recently so that its performance still has not revealed bright light.
That is when viewed from a legal perspective. In contrast to socio-economic and educational perspectives. From a socio-economic perspective, the state must guarantee the socio-economic welfare of the community which is its obligation for its citizens, but it seems that in this case the state is still not able to guarantee it, causing the society by justifying any means including corruption to meet its needs. Then from the aspect of education, we have known together the number of Indonesian society is educated society, other than the layman. And if anyone is educated but shows delinquency.
Not to mention the moral aspect, the moral of the nation will also determine the conditions of law enforcement and community awareness of corruption. A good moral society will certainly obey and will not commit crimes in this case is corruption, but again the moral of the Indonesian nation is still questionable.
So from this explanation more and more clearly and visible that rampant corruption in Indonesia will be difficult to eradicate and take a very long time.
Conclusion
In general from the origin of the word corruption means the actions that are damaged, rotten, bejad, dishonest which is related to finance. Law on Eradication of Corruption Act No. 31 of 1999 then replaced by Law no. 20 of 2001 has clearly exposed the various forms of deeds that include corruption in a specific manner. But in general can be classified into forms of bribery, embezzlement, fraud, extortion, collusion, and nepotism.
The causes of this crime are: a conducive community culture, corruption, corruption of civil servants, greedy officials, enforced law enforcement , mild punishment against corruptors, ineffective supervision. While the cause of is rampant corruption is Law enforcementthat does not work, plus the hegemony among the community that shows the fatality, that the community is familiar and do not feel guilty about this crime. On the one hand the condition of the nation's generation is increasingly degraded so as to facilitate the disease (disease) is spread and spread to other generations. When the government wants to eradicate corruption there are at least four areas of life that must be addressed namely the economic field that will prevent people from poverty; the field of education for people to be smart and ignorance can be eradicated; cultural and moral fields so that people are saved from greed and greed and have an ideal personality and have a culture of anti-corruption young generation; and political fields that are transparent, honest, trustworthy, and pro-people.
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Library:
Wijayanto and Ridwan Zachrie, Corruption Corrupt Indonesia: Causes, Effects, and Prospects of Eradication , Jakarta: PT Gramedia Pustaka Utama, 2009.
Ermasjay Djaja, Meredesain Court of Corruption: Implication of Constitutional Court Decision Number 012-016-019 / PPU-IV / 2006 , Jakarta: Sinar Grafika, 2010.
Masdar F. Mas'udi et al., Corruption, Law, and Morality of Religion: Disseminating Anti-Corruption Jurisprudence , Yogyakarta: Gama Media, 2006.
Sudarto, Law and Criminal Law , Bandung: Alumni Bandung Fourth Print, 1996.
Black, Henry Campbell, Black's Law Dictionary , Issue VI, West Publishing, St. Paul Minesota, 1990. Setyo Utomo, SH, M. Hum, P Flood protection Q Indak P idana K orupsi At J asa K onsultasi , (PDF), TT.
Tintin Sri Murtinah & Rusma Dwiyana, Conceptual Juridical Review on Corruption , (Articles), TT.
CST Kansil, Indonesian Government Law Law , Jakarta: Ghalia Indonesia, 1985.
Moh. Mahfud MD, Basic & Indonesian State Structure: Revis i Edition , Jakarta: Publisher Rineka Cipta, 2001.
http://nasional.news.viva.co.id/news/read/327659-index-perpression-corruption-indonesia-urutan-100 accessed on November 22, 2012 at 11:25 WIB
http://en.wikipedia.org/wiki/Corporate_Persepsi_Korupsi accessed on November 22, 2012 at 11:30 WIB
[1] http://nasional.news.viva.co.id/news/read/327659-index-perror-korupsi-indonesia-urutan-100 accessed on November 22, 2012 at 11:25 WIB.
[2] http://id.wikipedia.org/wiki/Indeks_Persepsi_Korupsi accessed on November 22, 2012 at 11:30 WIB.
[3] Sudarto, Law and Criminal Law , (Bandung: Alumni of Bandung Fourth Print, 1996), p. 115.
[4] Black, Henry Campbell, Black's Law Dictionary , Issue VI, West Publishing, St. Paul Minesota, 1990. Setyo Utomo, SH, M. Hum, P Flood protection Q Indak P idana K orupsi
At J asa K onsultasi , (PDF), p 2.
[5] Ermansjah Djaja, Meredisain Court of Corruption Crime: Implication of Constitutional Court Decision Number 012-016-019 / PPU-IV / 2006 , (Jakarta: Grafika, 2010), p. 23.
[6] Tintin Sri Murtinah & Rusma Dwiyana, Juridical Conceptual Review of Corruption , (Articles) p. 6-8.
[7] Ermansjah Djaja, Loc. Cit, pp. 45-48.
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