44
CHAPTER I INTRODUCTION The phenomenon of corruption in Indonesia has happened in the extraordinary volume and many kinds of action. Even the object of corruption nowadays is not the money only. The human right, authority, the meaning of the base of ideology of nation, the laws and the rules are also being corrupted. However, many kinds of punishment which are set up by the law-maker actually can not decrease the number of corruption case. Moreover, corruption is not being usual criminality case only. But also being a fear anxiety among people in every side of social life. And poorly, it's like being an "obligated hobby" of everyone in the government, corporation and some organization nowadays which are always turned around of money. How it could be? 1

THE EFFORT TO PREVENT CORRUPTION

Embed Size (px)

DESCRIPTION

bahast temen-temen mapk 2010

Citation preview

Page 1: THE EFFORT TO PREVENT CORRUPTION

CHAPTER I

INTRODUCTION

The phenomenon of corruption in Indonesia has happened in the

extraordinary volume and many kinds of action. Even the object of corruption

nowadays is not the money only. The human right, authority, the meaning of the

base of ideology of nation, the laws and the rules are also being corrupted.

However, many kinds of punishment which are set up by the law-maker actually

can not decrease the number of corruption case.

Moreover, corruption is not being usual criminality case only. But

also being a fear anxiety among people in every side of social life. And poorly, it's

like being an "obligated hobby" of everyone in the government, corporation and

some organization nowadays which are always turned around of money. How it

could be?

A. Explanation of the title

To make this paper more understandable, the writer would like to

explain the meaning of terms used in the title "The Effort to Prevent

Corruption".

1. Effort : [n] use of strength, attempt

2. Prevent : [v] stop somebody from doing something or stop

something from happening

3. Corruption : [n] illegal, immoral or dishonest behavior,

especially by people in positions of power.

1

Page 2: THE EFFORT TO PREVENT CORRUPTION

B. Reason of Choosing the Title

As the statement above that this paper is going to discuss about the

views of phenomena of corruption in Indonesia. Why the writer chooses the

title?

1. To show how corruption is harming every side of social life.

2. To explain that corruption is forbidden by religion, country and social

norms.

3. To remind and warn the reader and young generation so that do not doing

corruption.

C. Purpose of writing the paper

The purposes of writing the paper are:

1. Giving information to the reader about what corruption is.

2. Understanding about the law of corruption.

3. Understanding about the dangerous of corruption.

4. Improving the writer knowledge about corruption.

D. Limitation of the problem

In this paper the writer is going to limit about the matter of

corruption. These are:

1. The causes of corruption.

2. The impact of corruption.

3. The effort to prevent corruption.

2

Page 3: THE EFFORT TO PREVENT CORRUPTION

E. The methodology of the study

In this paper, the writer uses library method. This method is often

used in the process of writing, because it is easy chip to do writing. The

writer lost opens some books, the documents and other printed material that

have supported and carried out the paper perfectly. This method does not

need much effort to finish this paper.

F. The out line of writing

In this case the writer's comprise for chapters which are arranged

as follows:

The first chapter is introduction. It contains the reason of choosing

the title, the purpose of writing paper, the limitation of the problem, the

methodology of the study and the outline of the writing.

The second chapter is corruption in general. It contains the

definition of corruption, its causes and impact of corruption, and the history

of corruption eradication in Indonesia.

The third chapter is the efforts to prevent corruption. It concludes

the expert perceptions and Islamic views and attitudes.

The forth chapter is closing. It contains conclusion, suggestion and

word ending.

3

Page 4: THE EFFORT TO PREVENT CORRUPTION

CHAPTER II

CORRUPTION IN GENERAL

A. The Definition of Corruption

In Latin, corruption is corruptio from verb meaning

corrumpere rotten, destabilizing, and bribing. Literally, corruption is

the behavior of public officials, both politicians and public servants,

which is not fair and not legal to enrich them or those closed to them.

Kartono (1983) as a corruption constrain individuals’

behavior using the authority and position in order to extract personal

gain, detrimental to public interests and the state. Those corruption is

a symptom of use and mismanagement of power for personal gain,

mismanagement of resources of countries, using the authority and

force formal (e.g. by legal reason and armed force) to enrich

themselves.

In a broader sense, corruption or political corruption is the

misuse of official position for personal gain. All forms of government

vulnerable to corruption in its practice. Weight of corruption is

variable, from the lightest in the form of the used of influence and

support to give and ask for helping, until the weights corruption which

is officially opened and so forth. And the end point of corruption is

cleptrocracy which has literally meaning government by the thieves

pretended to act honestly didn’t exist at all.

4

Page 5: THE EFFORT TO PREVENT CORRUPTION

B. The Causes of Corruption

There are several causes of corruption. Singh (1974) found

in his research that the causes of corruption in India is weakness moral

(41,3%), economic pressure (23,8%), structural barriers

administration (17,2%), and social structural constraints (7,08%).

On the other hand Ainan (1982) mentions several causes of

corruption namely:

1. Formation of legislation less than perfect.

2. Administration of a slow, costly and inflexible.

3. Tradition to increase income of less than government officials with a

tribute or bribe.

4. Where various kinds of corruption are considered normal, are not

considered to be contrary

5. When people do not respect the official rules and organization goals

government, why people should be concerned about corruption.

From the opinions of the experts above, it can be concluded

that the causes of corruption are:

1. Low salary, lack of perfect legislation, administration is so slow and so

forth.

2. The legacy of colonial rules.

5

Page 6: THE EFFORT TO PREVENT CORRUPTION

3. Mental attitude of employees who want to get rich quickly in way that is

not existing state of consciousness, no knowledge of the field work by

government officials.

C. The Impact of Corruption

There are many serious impacts of corruption to the country.

Generally, corruption is detrimental to the country and put off indefinitely

of national purpose as written in the preamble of Constitution of 1945.

Furthermore, McMullan (1961) said that the impacts of corruption

are inefficiency, injustice, political instability, restriction on government

policy, not repressive, untruth government by the people, and waste of

national resources.

It also can be grouped as follows:

1. Economic systems, such as the disruption of corporate, investment

disorder, the out of invest to the foreign country, etc.

2. Social culture systems, such as social revolution, social inequality,

etc.

3. Political systems, such as taking over the political power, the loss

of foreign helping, loose of government authority, political

instability, etc.

4. Administration systems, such as inefficient administration, lack of

administration ability, loss of expertise and national resources,

taking repressive actions, etc.

6

Page 7: THE EFFORT TO PREVENT CORRUPTION

D. The History of Corruption Eradication in Indonesia

1. Old Older

a. Juanda Cabinet

In the Old Order period, there were two bodies established

to eradicate corruption. The first, with a set of rules Danger

Situation Act, the institute called the Committee for State

Apparatus Retooling (Paran). This body is led by A.H. Nasution

and is assisted by two members, namely Professor M. Yamin and

Ruslan Abdul Gani. Paran this to all officers must submit data

about these officials in the form of filling the form provided.

Predictably, the resistance model of the corrupt officials at the time

it is hard to react with the pretext that the doctrine of judicial

accountability directly to the President, the form was not submitted

to Paran, but directly to the President. Imbued with political

turmoil, ended tragically Paran, deadlock, and eventually handed

back to the Cabinet Djuanda execution of their duties.

b. Budhi Operation

In 1963, through Presidential Decree No. 275 In 1963, the

government appointed another A.H. Nasution, who was then

serving as Coordinating Minister for Defence and Security / Kasab,

assisted by Wiryono Prodjodikusumo with a new institution known

as Operation Budhi. This time with a heavier task, that is dragging

the perpetrators of corruption to court with the main target of the

7

Page 8: THE EFFORT TO PREVENT CORRUPTION

state enterprises and institutions of other countries that are

considered vulnerable to corruption and collusion.

Again, political reasons led to stagnation, as the President

Director of Pertamina to overseas duties and other directors refused

because there is no letter of assignment from the boss, a barrier

effectiveness of this institution. This operation also ended, although

managed to rescue the financial state approximately USD 11

billion. Budhi operation was discontinued with the announcement

of its dissolution by Soebandrio later renamed the Supreme

Command of the Revolution Retooling Apparatus (Kontrar) with

President Sukarno became its chairman and assisted by Soebandrio

and Lt. Gen. Ahmad Yani. Bohari in 2001 recorded that along with

the birth of this institution, the eradication of corruption in the Old

Order period went back into the slow lane, even loss.

2. New Older

In the early days of New Order, through the state address on

August 16, 1967, Soeharto openly criticizing the Old Order, which is

not capable of eradicating corruption in connection with a centralized

democracy to the palace. The speech seemed to give great hope as the

establishment of the Corruption Eradication Team (TPK), which is

chaired by the Attorney General. However, it started to be questioned

and TPK unserious led to Soeharto's policy to appoint a Committee

consisting of four old figures that are considered clean and dignified,

8

Page 9: THE EFFORT TO PREVENT CORRUPTION

like Prof. Johannes, IJ Kasimo, Mr. Wilopo, and A. Tjokroaminoto,

with the main task of clearing the Ministry of Religious Affairs,

Bulog, CV Waringin, PT Mantrust, Telkom, Pertamina, and others.

Four figures are so clean with no spurs when the findings on

cases of corruption at Pertamina, for example, completely ignored by

the government. The weak position of this committee became the

main reason. Then, when he was appointed as Admiral Sudomo

Pangkopkamtib, he was established Operation Orderly (Opstib) with

the task, among others, also to eradicate corruption. Disagreement

about which method of combating corruption bottom up or top down

in the eradication of corruption itself tends to weaken the fight against

corruption, so Opstib is lost along with the strengthening of the

position of the corruptor on the new order throne.

3. Reformation Era

In the era of reform, corruption eradication efforts begun by BJ

Habibie issued Law Number 28 Year 1999 regarding the provision of

a Clean and Free from Corruption, Collusion and Nepotism follows

the formation of various new commissions or agencies, such as the

Supervisory Commission of the State Property Officer (KPKPN),

KPPU, or the Ombudsman Institution. The next president,

Abdurrahman Wahid, forms the Combined Team for Corruption

Eradication (TGPTPK) through Government Regulation No. 19 Year

2000. However, amid the enthusiasm for eradicating corruption from a

9

Page 10: THE EFFORT TO PREVENT CORRUPTION

member of this team, through a judicial review of the Supreme Court

finally dismissed with logic TGPTPK banged it into Law Number 31

Year 1999. A similar, but not the same fate suffered by KPKPN, with

the establishment of the Corruption Eradication Commission, a task

KPKPN melt into the KPK, so KPKPN himself lost and evaporated.

Then KPK is the latest anti-corruption institutions which still exist

until now.

10

Page 11: THE EFFORT TO PREVENT CORRUPTION

CHAPTER III

THE EFFORT TO PREVENT CORRUPTION

Behavior of corruption in Indonesia is like a high-stage cancers

that have been undermining this nation's body. Need a maximal effort to kill the

corrupt behavior. Efforts to eradicate corruption must be conducted in all fields,

including social, political, cultural, religious and others. All these areas must be

actively growing awareness that corrupt behavior must be stopped, because it

contradicts the norms of religions and humanity.

Corruption can not be allowed to walk away if a country wants

achieve its objectives, because if left continually, it will be

accustomed and become fertile and will cause mental attitude is always the officer

looking for an easy shortcut and all the methods (the end justifies

the means). For that, need to completely overcome corruption and accountable

answered.

A. Expert's perceptions

There are some efforts to prevent corruption each expert looked at

from different aspects and perspectives.

1. Education expert

He try alternative solutions proposed to combat acts of corruption

corruption. He believe that behavior can be reduced with adequate

11

Page 12: THE EFFORT TO PREVENT CORRUPTION

educational with giving the best anti-corruption education to the young

generation.

First Solution is an anti-corruption education in the family.

In an effort to eradicate corruption, the family has an important

role, even into the first container. Basically, children of low quality

character is a child whose level of low social-emotional

development. So the application of character at an early age is very

important to be done.

Thomas Lickona (1991) defines as people who natural

carracter of a person in response to an immoral situation, which is

manifested in concrete actions through the behavior of the trough,

honest, responsible, respect others and other noble characters. As

expressed by Aristotle that the characteristic is closely related with

the habit or custom made continuously. Families, who inculcate

noble values such as honesty kindness, responsibility, empathy, etc

able to bear children if the adults are able to respect the rights of

others. Parents have a significant contribution to the eradication of

corruption through the inculcation of values of honesty to children

in home.

 Secondly is the role of school. In this case the anti-

corruption education is fundamental, given the purpose of

education itself not only to develop the cognitive dimension, but

also the affective dimension. Character education and good morals

12

Page 13: THE EFFORT TO PREVENT CORRUPTION

previously have been the emphasis in our state education system.

PMP Lessons, religion or attitude far been unsuccessful. Because

only limited to teaching the theory without any reflection of these

educational values. As a result, children grow into human beings

who have no character, even worse judged to be the generation that

is not immoral.

During this decline in national education quality was only

focused on the issues to prepare students to compete in the era of

global markets, so that is highlighted is the result of graduation

(output) mere. While the cultivation of moral and achievement of

national education goals to be able to print a generation that not

only intellectually smart, but also emotionally and spiritually

intelligent to be forgotten. This is where the need for improvement

in the formation of moral education that is contained in a hidden

praxis in the curriculum (hidden curriculum).

Once again driving the views of Plato, the value of

education is even a basic substance of the teaching-learning

process. Therefore, the perpetrators need to internalize the attitude

of anti-corruption education to students in all levels. Anti-

corruption education for students is the first step taken to start

doing the inculcation of values into a better direction since a young

age. Students are those who are in a relatively short period of time

will soon come into contact with some aspect of public service. So

13

Page 14: THE EFFORT TO PREVENT CORRUPTION

that if they can understand the scope, mode, the impact of

corruption (both in the scope of the closest and most small-scale

until the scope of the macro), and include a large scale, at least they

dare to say NO 'to corruption. It is expected that they can also

invite and coloring the surrounding environment for the brave and

stood up against corruption

2. Caiden

Caiden (in Soerjono, 1980) provides the steps for tackling

corruption as follows:

a. Used to justify the transactions that are prohibited by specifying a

number certain payments.

b. Creating a new structure that basing how decisions are made.

c. Conducting organizational changes that will simplify the problem

surveillance and prevention of centralized power, rotational

assignments, overlapping authority of the same organization, the

bureaucracy of mutual compete, and the appointment of supervisory

agencies are suggestions that clearly found to reduce opportunities for

corruption.

d. How to manage for corruption can be reduced with increasing threat.

e. Corruption is a matter of values. It seems unlikely the overall

corruption restricted, but it must be suppressed to a minimum, in order

to load organizational corruption and corruption is not too big if

systemic there is something structural reform, perhaps possible to

14

Page 15: THE EFFORT TO PREVENT CORRUPTION

reduce opportunity and encouragement to corruption with the change

in the organization.

2. Myrdal

Myrdal (in Lubis, 1987) gives advice of preventing

corruption that is arrangements and procedures for decisions

administrative concerns natural persons and firms more

simplified and enhanced, more stringent oversight possibility, personal

discretion in running the power should be reduced as far

possible, low staff salaries must be raised and social position

economy improved, more secure, security forces including police

should be strengthened, criminal law and the law of corrupt officials who

can retrieved faster. People who bribe officials should be prosecuted as

well. Corruption issues diverse ways to see, therefore how

its examination diverse too. Corruption is not enough in terms of

deductive, but is necessary in terms of its inductivity is beginning to see

the practical problems (practical problems), also to be seen what causes

incidence of corruption.

3. Kartono

On 1983, he suggested reduction of corruption as follows:

a. An awareness of the people to participate in taking responsibility to do

political participation and social control, to be indifferent.

15

Page 16: THE EFFORT TO PREVENT CORRUPTION

b. Instilling positive national aspirations, namely the best interests

national.

c. Leaders and officials set an example, combating and prosecution

corruption.

d. The presence and power to enforce sanctions combat and punish

corruption.

e. Reorganization and rationalization of government organizations,

through

simplification of the number of departments, along with the

department under it.

f. The existence of civil service recruitment system which is based on

"achievement" and not based on the system "ascription".

g. The need for civil servants for the smooth non-political

government administration.

h. Create an honest government apparatus.

i. Budget system is managed by officials who have the responsibility

high ethical, accompanied by an efficient control system.

j. Herregistrasi (re recording) of a prominent individual wealth with the

imposition of higher taxes.

Marmosudjono (Kompas, 1989) says that in tackling corruption, we

need to be ashamed of sanctions for corruption is by showing the faces of the

16

Page 17: THE EFFORT TO PREVENT CORRUPTION

corrupter on television because, according to jail is not regarded as embarrassing

anymore.

Based on expert opinions above, it can be concluded that the efforts

prevention of corruption are as follows:

1. Preventive.

a. Develop and disseminate ethics officials and employees in both

agencies government and private sectors about the clear and sharp

separation between private property and owned or state-owned

companies.

b. Pursue the improvement of income (salary) for officials and

civil servants in accordance with economic progress and private

progress, so that officials and each employee to uphold the prestige

and integrity of his position and do not carry by temptation and the

opportunity given by the authority.

c. Growing pride-pride and self respect of each attribute

positions and jobs. Policy officials and employees is not that they are

rich and abundant, but they are honored for service

service to the community and state.

d. Example and leadership that principals and supervisors more

effective in popularize the views, assessment and policy.

17

Page 18: THE EFFORT TO PREVENT CORRUPTION

e. Foster understanding and political culture that is open to

control, correction and a warning, because the authority and power are

likely abused.

f. It is no less important is how to foster "a sense of

belongingness "among officials and employees, so they feel

that the corporation is the property itself and not to be corrupt, and

always done its best.

2. Repressive.

a. Need telecast corruptor faces on television.

b. He-registration (re recording) against officials of wealth.

B. Islamic Views and attitudes

Islamic views and attitudes towards corruption is very strict:

forbidden and prohibited. Many arguments about why corruption is strictly

prohibited in Islam. Besides being in principle opposed to the social mission

of Islam that wants to uphold social justice and the common good (al-'adâlah

iqâmat ijtimâ'iyyah wa al-'âmmah mashlahat), corruption was also considered

as an act of betrayal of the mandate received and vandalism serious towards

building an accountable system. Therefore, Qur'an, al-Hadith and qiyas (the

consensus al-'ulamâ) show its forbiddance unequivocally (sharîh).

In the Qur'an Allah said:

18

Page 19: THE EFFORT TO PREVENT CORRUPTION

"And be not ye devour some other part of you with a way of vanity

and (do not) you take (business) property to the judge, which ye may eat the

portion of the property of another was with (how do) sin when you know "

(Surat al-Baqarah: 188)

In another paragraph it says:

"O ye who believe, do not eat each other neighbor's property by

way of vanity, except by way of commerce that the same applies to the likes

of you like it" (Surat an-Nisa ': 29)

While al-Hadith in more concrete again, stated that the Prophet

said: "Allah has cursed the briber and the recipient of bribes in the process of

law (HR: Tirmidhi, Ahmad and Ibn Hibban). In another editorial, stated:" the

Prophet has cursed the briber, accepting bribes, and intermediaries from both

19

Page 20: THE EFFORT TO PREVENT CORRUPTION

(HR: Ahmad and ath-Thabrani). Then in a different occasion, the Prophet

said:" briber and the bribe recipients go to hell".

All scholars agree on bribery forbidden, both for the briber, the

recipient of a bribe or instrumentality. Actually conceptually there is little

difference, but the act of bribery, stealing state funds, abuse of power, and

betray the public trust are parts of criminal acts of corruption. This action was

condemned both by the religion, humanity, and the law as an act of cruelty

(dhâlim), crime (jinâyah), or damage (mafsadah).

20

Page 21: THE EFFORT TO PREVENT CORRUPTION

CHAPTER IV

CLOSING

A. Conclusion

From the explanation above, we can conclude that

corruption is the misuse of power and authority that existed at the

officials or employees for personal gain, family and friends or

groups. It is caused by:

1. Low salary, lack of perfect legislation, administration is so slow

and so forth.

2. The legacy of colonial rules.

3. Mental attitude of employees who want to get rich quickly in way

that is not existing state of consciousness, no knowledge of the

field work by government officials.

Then, because of those causes, corruption impact to the

many side of national life. It can be grouped as:

1. Economic systems, such as the disruption of corporate, investment

disorder, the out of invest to the foreign country, etc.

21

Page 22: THE EFFORT TO PREVENT CORRUPTION

2. Social culture systems, such as social revolution, social inequality,

etc.

3. Political systems, such as taking over the political power, the loss

of foreign helping, loose of government authority, political

instability, etc.

4. Administration systems, such as inefficient administration, lack of

administration ability, loss of expertise and national resources,

taking repressive actions, etc.

Then, the efforts to prevent corruption are preventive action and

repressive action. Preventive action that needs to be done is to nurture and

build work ethics officials and employees concerning a clear separation

between the property countries or companies to private property, seek

improvement income (salary), fostering of pride-pride and attributes

self-respect of each position and work, example and leadership of

principals or supervisors more effective in socializing the views,

assessment and policy, open to the controls, the presence of social controls

and social sanctions, cultivate a sense of "a sense of belongingness"

among its officials and employees. The repressive action is to enforce

repressive laws force on the face of corruptor and telecast on the television

screen and he-registration (re recording) the wealth of officials and

employees.

B. Suggestions

22

Page 23: THE EFFORT TO PREVENT CORRUPTION

Hopefully, we are as the people of Indonesia, the

democratic nation, we have to be one struggle to eradicate

corruption in our country. It is being our obligation because as the

good people of this nation we have to keep our nation as good as

we can.

The government and the police have to do more to fight

against the corruptor and give them punishment as hard as

possible. It also has meaning to do not do corruption in their

institution.

To the institution of religious institutions in order to

support the government in providing an understanding of religious

doctrines about the forbiddances of corruption from the Qur'an and

Hadith view.

C. Words Endings

Praises be to Allah SWT, Most Glorious Most Merciful.

Who does always blesses and guides the writer in order to be able

to finish this paper completely, without finding signification

obstacle.

The writer is sure that her paper is not complete and

perfect. Therefore the writer hopes some criticisms and suggestion

from the reader.

23

Page 24: THE EFFORT TO PREVENT CORRUPTION

Finally, the writer likes to thank for all of person who

helped the writer in writing this paper. The writer hopes that this

paper will be useful and can contribute the positive ideas for the

reader in general and the writer herself in special.

BIBLIOGRAPHY

Echol, John and Hassan Shadily. 1997. Kamus Indonesia-Inggris. Jakarta:

Gramedia Pustaka

Echol, John and Hassan Shadily. 1997. Kamus Inggris-Indonesia. Jakarta:

Gramedia Pustaka

Hornby. 2000. Oxford Advanced Learner's Dictionary of Current English

Kartono, Kartini. 1983. Pathologi Sosial. Jakarta: Rajawali Press.

Lubis, Mochtar. 1977. Bunga Rampai Etika Pegawai Negeri. Jakarta: Karya

Aksara

Simon, Herbert. 1982. Administrative Behavior. Jakarta: PT Bina Aksara

S. Wojowasito, Prof, Drs. 1982. Kamus Inggris-Indonesia Untuk Umum. Malang:

CV Pengarang

24

Page 25: THE EFFORT TO PREVENT CORRUPTION

www.fahmina.or,id/berantas-korupsi opened on April, 25 2010 at 4.30pm

www.kpk.go.id opened on April, 23 2010 at 2pm

www.ti.or.id opened on April, 23 2010 at 2.20pm

www.wikipedia.com/arti-korupsi opened on April, 23 2010 at 2.28pm

www.wikipedia.com/dampak-negatif-korupsi opened on April, 23 2010 at 2.39pm

CURRICULUM VITAE

I. Fact sheet about writer

1. Full name : Siti Nurul Latifah

2. Sex : Female

3. Place and date of birthday : Ngawi, April 28th 1992

4. Address : - School

MAPK MAN 1

Surakarta

Jln. Sumpah Pemuda No.

31 Surakarta Central

Java 57136

- Home

25

Page 26: THE EFFORT TO PREVENT CORRUPTION

Pakah RT/RW 02/IV

Mantingan Ngawi East

Java 63257

II. Education background

1. RA Tunas Melati Pakah : 1996 -1998

2. MIN Pakah : 1998 - 2004

3. MTsN Mantingan : 2004 - 2007

4. MAPK MAN 1 Surakarta : 2007 - 2010

III. Parents

1. Father full name : Umar Abdurrahman

Occupation : Farmer

2. Mother full name : Purwanti

Occupation : Farmer

26