CORRUPTION ERADICATION IN INDONESIA *)
By: Hj. Tumbu Saraswati, SH **)
Corruption, Collusion and Nepotism are chronic diseases of a country which can paralyze all pivotal points of people's life particularly in the economic sector. With the abdication of HM. Soeharto as president of the Republic of Indonesia, the demand for corruption eradication becomes more and more apparent. This understandable as the Indonesian economic crisis was not only caused by monetary crisis, but also by corruption committed by a small segment of Indonesian people, both by government officials as well as businessmen.
People's demand to investigate and take firm actions against and eradicate KKN (Corruption, Collusionand Nepotism)have been accommodated by the People's Consultative Assembly (MPR) with issue the MPR's Stipulation Number: XI/MPR/1999 concerning good governance and Free from KKN. Such MPR's Stipulation gives a mandate to President BJ Habibie to clean up the government from KKN practice including to investigate and go after the assets of former President HM. Soeharto.
Efforts by the transitional government in the era of reformation to eradicate corruption which is one of the elements of KKN appears to' show some result. This can be seen from the investigation, examination and even trial for people who has been alleged committing KE'N. There are a number of government officials who are suspected or accused of committing corrupt act. Even - the (former) Attorney General now being under investigation for bribery. This is a progressive step compared to the era of the New Order. At that time people had hardly ever heard of investigation against government officials, such as a Regent or even the Attorney General. Is happening now.Since the era of the New Order there exist a regulation on corruption eradication, namely Law number 3 year 1971 on Corruption such regulation is still valid and is used as a base by the transitional government to bring people who commits corrupt act to justice.
But corruption eradication in the era of transitional government is far from what is expected.
On a careful examination, the obstacles for corruption eradication among others are as follows:
1. The ambiguity of the defination of corrupt in the law with the essence of corrupt act. A Corrupt act in general is defined as an abuse of power authority for one's interest/profit.The definition of a corrupt act can be extended include the abuse of riot only the authority but also the trust given by people to a government official for the benefit oneself or for others.The defination of an interest on profit is indeed of material nature. The source of fund as which is the object of corruption (whether public or private) is not important.As long as a person misuses his/her authority or public trust vested to him/her with a purpose to benefit him/her or other person obtain profit, such person shall be deemed to have conducted a corrupt act.
The above definition is different from the definition set forth in the which requeres that the object of a corrupt act must be state's assets. As a result, corrupt act which causes a loss to the public in general but does not harm the state's finance is not considered as corrupt act under the law.
2. The political will of the government in which it seems that it is not serious in the investigation/prosecution of person(s) who has been committing corrupt act especially if such act is committed by government regarding official or former official.
Not with standing the above, we should welcome the government's intention to eradicate corruption by submitting the Corruption Eradication Bill to replace the existinglaw (Law No. 3 Year 1971).
The new bill in substance addresses a number of new matters which among others are:
- To confirm the nature of penal act of a corrupt act as a formal offense.
- To broaden definition of corrupt act.
- To stipulate the minimum sentence and to increase the maximum sentence.
- To adopt a pure comulation system in sentencing criminal imprisonment and criminal penalty.
- To confirm the authority of the attorney general to investigate corruption cases which means that investigation and examination of corruption cases not only conducted by the Police as it is done in general penal acts.
To loosen the requirements for officials conducting law enforcement to getting information on the financial condition of an accused from a Bank
- To involve the public in corruption eradication
- To apply a reverse proofing system regarding assets of an accused.
Finally, to achieve the objectives of corruption eradication depend is not only on a good legal institution, but also depends on its law enforcement namely depends on:
- The integrity of the officials conducting law enforcement,as such the independence of officials conducting law enforcement is required, and if necessary such independence can be achieved by forming a special prosecutor
- The participation of the public which can be realized in the form of corruption watch institution such as the Indonesian Independent Commission against Corruption
- Political will of the government not to hinder (directly or indirectly) any investigation against corruption.
Without seriousness of all parties in performing to their duties and authorities, it will be difficult to eradicate corruption.
Jakarta 11 July 1999
*) This Papers is presented at The 1999 Laurentian Seminar on "Parliamentary Accountability and the Control of Corruption Part II : The Challenge of Globalization", The Donald Gordon Centre, Queens University in Kingston, Ontario, Canada, from Sunday, July 18ththrough Friday, July 23rd.
**) The writer is a representative of the Central Board of Directors of the Indonesian Democratic Party Struggle and a candidate member of the Indonesian Parlianment from the Indonesian Democratic Party Struggle.
