Corruption
in Indonesia and the second precepts of Pancasila
Bambang Hermanto
Fakultas Ilmu
Sosial dan Ilmu Politik, Universitas Airlangga
Corruption has
been existence in Indonesia since ancient times. Before European colonization,
merchants who come to Indonesia to trade (especially in Java), have to pay
tribute to the ruler of the state he visited, as a guarantee that he would be
protected by the ruler. After independence in 1945, corruption decreased for a
short period, due to nationalistic fervor and policies made by early Indonesian
government to create professional bureaucracy, check and balance mechanisms,
and legal system. However, after 1955, corruption increased again, due to the
increasing need of political parties to seek spoils and reward supporters and
also due to the abolishment of democratic rule by President Sukarno in 1959,
which ended all check and balance mechanisms on the executive branch and made
the government to be not accountable to anyone. Corruption grew even worse
after General Suharto took over power from Sukarno in 1966. In October 1999,
Abdurrahman Wahid replaced Habibie, who became the first democratically elected
president of the country in its 50-plus years history. The first state budget
audit conducted during the Wahid administration revealed that as much as 71% of
the state expenditures during the 1999/2000 fiscal year are either misspent or
misused (Kompas Online 10/27/2000). Lately, Wahid himself was implicated in
several corruption scandals, which has tainted his credibility as a reformer.[1]
Corruption can
be regarded as a crime against humanity, Klitgaard (1998: 99) there is
corruption due to the practice of monopolistic power, with the opportunity to
engage in a great discretionary act, but there is no adequate oversight through
performance system accountability or Corruption = (Monopoly + Discretion) -
Accountability.[2]
There is
corruption because of the perversion of ethical standards and the norm of
Pancasila by the behavior of an employee. Therefore, to fight the act of
corruption must be done ethical and norm revolution. The ethical and norm
revolutions mean revitalizing Pancasila and the transformation of moral values
on matters allowed and not allowed by society, and ethical and normative
deviations will be subject to severe sanctions. Thus it will build value in
society as a new value that violations of ethical values and norms should be
abandoned. The transformation of ethical values and norms among bureaucratic
employees is an essential opening key in the eradication of corruption.
Indonesia has
the ideology of Pancasila, Pancasila becomes the guideline in the life of
nation and state. The five precepts of Pancasila are a unified whole, it’s
can’t be separated from each other, although each precept can stand on its own,
and has its own function. Human relationship with society is implied in the
second precepts of Pancasila are a just and civilized humanity. A just and
civilized humanity are awareness of attitudes and deeds that conform to moral
values in living together on the basis of the absolute demands of conscience
by treating things as they should be. When there is a lot of corruption
behavior in Indonesia, it’s can be interpreted that Indonesian people do not
implement the second precepts of Pancasila.
The
Characteristic of Corruption
Syed Hussein Alatas said that the
characteristic of corruption is:
1. Corruption
always involves more than one person. This is what distinguishes between
corruption and theft or embezzlement.
2. Corruption
is generally confidential and closed, especially the underlying motives of
corruption.
3. Corruption
involves elements of mutual obligations and benefits. These obligations and benefits
are not always in the form of money.Ciri korupsi yaitu berusaha untuk
berlindung dibalik pembenaran hukum.
4. They
who are corrupt are those who have power or authority and influence the
decisions.
5. Corruption
is any act of fraud, usually in public bodies or in the general public.
6. Every
form of corruption involves the contradictory dual function of those who do the
action.
7. Corruption
is grounded with intentional intention to place public interest under personal
interest.[3]
Some cases of corruption eradication
observed in the paper
1.
Koran procurement case
Al-Quran
procurement Case is corruption scandal in Indonesia ministry of religion
related to the alleged bribery in the budgeting process of Quran procurement
project. This case came out to public in July of 2012 after the KPK (Corruption
Eradication Commission) sets Zulkarnain Djabar, a Members of Parliament from
the Golkar Party faction, along with his son as a suspect in the case. Djabar
was named suspect for instructing Directorate General of Ministry of Religion
for Islamic Affairs to appoint certain companies, including his son's company,
as winners of the procurement project. Later on Zulkarnain Djabar and Dendy
Prasetya was convicted and sentenced to serve 15 years and 8 years terms in
prison respectively.
2.
Bansos Cases
Bansos
(Bantuan Sosial - Social Aid) corruption case is the misuse of social aid fund
in Bandung administrative region in 2009-2010 fiscal year, which caused an
amount 40 billion Rupiah of state loss. In its development, the case expanded
to the allegation of bribery of a judge who handle the Bansos (Social Aid)
corruption case. Until this moment KPK has set Bandung City Mayor as suspect
and allegedly the mastermind of the bribery case.
3.
Beef import bribery case
Beef
import bribery case is a case of corruption related to the arrengemen of beef
import license. The bribery was carried out to be able to obtain and increase
the import quotas for beef which, at the time, is restricted by the government.
This case attracted public attention because it involves Lutfi Hasan Ishaq,
Partai Keadilan Sejahtera (Prosperous Justice Party) chairman, the largest
islamic party in Indonesia, which cought in the process of bribery by the
employer of beef importer company.
4. Driving
License (SIM) Simulator Case
This
case is a case of alleged corruption in the procurement of SIM simulator
project in Korlantas Polri (National Traffic Police Corps) involving National
Traffic Police Corps’ top brass. Various irregularities inventually mounted to
governmont loss 121 Billion Rupiahs. It become horrendous because KPK set a
Police General, Irjen Djoko Susilo, as a main suspect of this case and
confiscate all of his asset which surprisingly estimated to be hundred million
rupiahs.[4]
The
Eradication of Corruption in Indonesia
During the reign
of the Old Order the symptoms of corruption have appeared, then gave birth to
the Ruling Rule of the Army Chief of Staff Head of Regulation No.Prt / Peperpu
/ C13 / 1958 which became the basis for eradicating Corruption. The regulation
was later corrected by Law no. 24 years of 1960 which eliminates preventive and
civil litigation so that efforts to eradicate corruption during the Old Order
government is ineffective because it is unable to bring the perpetrators of
corruption to court. Cleverly Soeharto responded by issuing Law no. 3 of 1971,
which contains severe sanctions for the perpetrators of corruption.
Unfortunately the ferocity of the law is only on paper (paper tiger) but weak
in its implementation. In this period of corruption, collusion and nepotism
(KKN) became very fertile because of authoritarian government and not
transparency. Entering the reforms, the desire to build a clean government is
very passionate. Several laws aimed at eradicating corruption were issued such
as Law No. 28 of 1999 on the Implementation of Clean and KKN-Free Government,
Law No. 31 of 2000 Jo Law No. 20 of 2001 on Corruption Eradication and Law No
30/2002 on the Commission for the Elimination of Action Corruption Criminal. In
the era of reform, efforts to eradicate corruption are strong based on Article
2 of Law no. 30/2002 gave birth to the Corruption Eradication Commission (KPK).[5]
The essence of the second precepts
of Pancasila
Humanity
means "awareness of attitudes and deeds in accordance with the values of
universal human life". Plato said that justice is giving something to
others who have become his right. Bakry said that justice is to give something
as a sense of obligation that has been his right, both to himself, to his
fellow human beings, to the natural surroundings, as well as to God. Civilized
means to behave, acting on the basis of consideration of moral values
prevailing in living together. Notonegoro said there are four righteousness
as the basis of Pancasila moral teaching.
1. Righteousness
of wisdom. It always performs deeds of good will of the will based on the
decision of reason to reach the truth, in harmony with the sense of humanity
that is directed to the beauty of the psyche.
2. Righteousness
of simplicity. The humans always restrict themselves not to human actions in
life together is excessive beyond the boundaries of happiness and pleasure.
3. Righteousness
of firmness. The humans are always steadfast, resilient in facing problems and
think clearly without emotional.
4. Righteousness
of justice. The humans always give and do as a sense of obligation to myself,
fellow human beings in living together, to the natural surroundings, as well as
to God.[6]
A
just and civilized humanity invites the public to recognize and treat everyone
as a human being with a noble dignity and fundamental rights and obligations.
In the other wor, this precept ensures that man is recognized and treated
according to his dignity and dignity as a creature of the Almighty God, which
equal in degree, of equal right and fundamental duties, without distinction of
race, heredity, religion, and distrust, sex, social standing, color, etc. Then
developed the attitude of mutual love for human beings, tolerance and attitude
of not lying to others. A just and civilized humanity means means uphold the
value of humanity, conduct humanitarian activities and dare to defend truth and
justice.
Revitalization of Pancasila to
build anti-corruption culture
The culture of anti-corruption as a new value is an
absolute necessity that must be grown. Learn from the experiences of other
countries that successfully eradicate corruption well, Hamzah (2005:5) not
prime criminal sanctions are preferred, but corruption-prone country management
systems must be addressed before taking repressive action. Developing an
anti-corruption culture to eradicate rooted corruption should not deny the
aspect of "ethical values and norms". Wahyudi Kumorotomo (2002:216)
there are three important aspects as a way to eradicate corruption: 1) Aspects
of social structure, consistent attitude is the main capital. If in society
there is resistance to corruption it will find the power to fight corruption
and vice versa; 2) Juridical aspect, non-discriminatory law enforcement; 3)
Aspects of ethics / human morals, there are efforts on the moral factor.[7]
Pancasila must be actualized and revitalized because
Pancasila contains ethical values and very noble norms that come from the
life of the Indonesian nation. Ideally if the public, especially those who
become officials and important figures in the Republic of Indonesia practice
the ethical values and norms of Pancasila, there is no corruption and the
people live prosperously. Each principle of Pancasila has values that form
the basis of ethics, norms and rules of everyday life in the community, nation,
and state. There are so many values in the principle of Just and Civil
Humanity that we must apply in life, such as confessing and treating people
according to their dignity and worth as creatures of God Almighty.
[1]
Arifianto, Alexander. Corruption in Indonesia: Causes, History, Impacts, and
Possible Cures-continued.
[2] Klitgaard,
Robert. 1998. Membasmi Korupsi. Jakarta: Yayasan Obor Indoensia
[3] Alatas,
Syed Hussein. 1990. Corruption: Its Nature, Causes, and Functions. Aldershot,
UK: Avebury Press.
[4] Maulana,
and Sitongkir. Dynamics of the Corruption Eradication in Indonesia. Dept.
Computational Sociology. Bandung Fe Institute
[5] Astuti,
Puji. POLITIK KORUPSI : Kendala Sistemik Pemberantasan Korupsi di Indonesia
[6] Suyahmo.
2014. Filsafat Pancasila. Yogyakarta : Magnum Pustaka Utama.
[7] Astuti,
Puji. POLITIK KORUPSI : Kendala Sistemik Pemberantasan Korupsi di Indonesia