Monday, July 2, 2007

Disorientation Fighting Corruption

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: The Aceh Institute 2007.

INDONESIA is free from corruption? dream of times yes. That's about the proper answer given to that question. The answer is not an expression of pessimism or cynicism of this nation, but that's the reality that exists and is happening today in Indonesia. Until now, corruption still continue to occur in each sector, both government (legislative, executive, judiciary) and private.

Even in terms of quality and quantity, of corruption in this country charts always show improvement from year to year. Based on new data released by the Indonesian Corruption Watch (ICW) said that the number of corruption cases in 2006 and reached 166 cases, higher when compared with the year 2005 as many as 125 cases and in 2004 as many as 153 cases. In addition, the more concern, the money of the people who robbed the corruptors experienced tremendous surge. This can be seen from the total amount of losses due to state corruption. If the state lost money in 2004 reached Rp 4.3 trillion, and increased to Rp 5.3 trillion in 2005, then in 2006 and then soared to Rp 14.4 trillion (24 / 1). This fact is clearly a warning to us all, that efforts to eradicate corruption (corruption demolishing) is intensively conducted in recent years still can not bring people out of Indonesia acute corrupt system. As we know, been done to eradicate corruption by government and other related parties other (stakeholders) do look very serious. Realization, efforts continue to be taken, both in prevention and prosecution and law enforcement against perpetrators, including efforts to improve legal mechanisms and devices. However, results have not been seen and perceived as expected by the public. The main cause has not maximum performance results of corruption committed during this has occurred because of disorientation in the eradication of corruption in Indonesia.

When viewed closely, many factors that led to disorientation in the eradication of corruption. Some of these factors include, namely: First, the various policies (policy) is taken by the government in combating corruption that many can not run effectively for this. For example, among them the Presidential Instruction (Presidential Instruction) No. 5 of 2004 on the Acceleration of Corruption Eradication and Presidential Decree (Decree) No.11 of 2005 on Eradication Team Corruption (Timtastipikor) is only a good policy in the conceptual level but not applicable to operational in combating corruption. Second, legal product that is used as a juridical footing in eradicating corruption, such as Law No. 31 of 1999 as revised by Law No.. 20 Year 2001 on Eradication of Corruption (Corruption) and Law No. 30 of 2002 on the eradication Corruption Commission (KPK) still has a lot of legal gaps that are often used by corrupt to avoid legal snares. Even not only that, the number of legal gaps in the Law on Corruption and the Commission it is often used as a "weapon" by the corrupt in the counterattack (corruptor fight back). The proof, as long as 2006 years ago, recorded at least twice successfully corruptors strike back against Corruption and the Law Commission Act through judicial review (judicial review) the Act to the Constitutional Court (MK). Break the power of success corruptor "bang on" Corruption and the Law Commission Act is reflected in the Tax Court decision on judicial 003/PUU-IV/2006 Law No. Law No. 31/1999 jo. 20/2001 on the Eradication of Corruption. The Court in its decision stated that the explanation of Article 2 paragraph 1 of Law No. Law No. 31/1999 Junto. 20/2001 against the 1945 Constitution, because the explanations are considered art have expanded the category of material element of unlawful by reference to the unwritten law and contrary to the principle of legal certainty (rechtzakerheid) and the principle of justice (rechtvaardigheid).

And 012-016-019/PUU-IV/2006 Tax Court decision which states that Article 53 of Law No. 30/2002 on the Commission contrary to Article 24 paragraph 1, 2, Article 24A Paragraph 5, and Article 28D Paragraph 1 of the 1945 Constitution, because the existence of special courts (adhoc) Corruption has led to double standards (double standard) and the duality of the courts in the eradication of corruption is between the General Court and the Court Corruption adhoc. Third, institutions that serve as front guard in eradicating corruption as the Commission and have not been able Timtastipikor optimal role in eradicating and preventing corruption. Especially when seen more in, the performance of the Commission was only able to return the money the state of corruption of Rp 25.7 billion. In fact, the operational costs incurred for the Commission in 2006, reaching Rp 257 billion. Clearly, in terms of efficiency, performance results of the Commission is extremely concerned at all. Not yet optimal performance and Timtastipikor Commission so strong due to the intervention of political power to both institutions. As a result, the practice of discrimination or "selective logging" in the eradication of corruption is inevitable to do, in order to maintain good relations with various parties in power. Fourth, stagnant bureaucratic reform process which has been declared by the government. Until now, the bureaucracy could not fully counteract the occurrence of corrupt practices. Bureaucracy just stick with the corrupt old face. Base on these issues, now there is no other alternative, disorientation in the eradication of corruption should be immediately terminated.

The steps and strategies that can be done today as a solution to overcome the disorientation in the eradication of corruption that occurred during this, namely, first, to review (review) of various policies ever issued by the government, particularly those related to eradication of corruption and acted upon issued a new policy to change the policies that can not be run effectively. Second, closing the legal gaps contained in the Law on Corruption and the Law Commission in a way immediately make improvements (revisions) of both the Act and the draft legislation to accelerate the process of ad hoc Corruption Court is currently in the process of discussion in the Parliament. Third, institutional strengthening and Timtastipikor Commission by facilitating infrastructure, providing an adequate budget, requiring all levels of the bureaucracy, police, prosecutors to support the existence of both institutions and stop various forms of political intervention of the Commission and Timtastipikor. Fourth, the immediate restructuring of the bureaucracy as a whole by accelerating the process of reforming the bureaucracy through the implementation of the principles of good governance (good governance) into the bureaucratic system in Indonesia, both at the central and regional levels. Finally, we expect the four steps and strategies above can be implemented by the government and other stakeholders. If not, is not impossible, goal to make this country free of corruption will only remain a dream that will never be translated into a reality. And of course we all do not expect it really happened. Hopefully.

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