Corruption and Corruption Eradication

Commission in Indonesia

Aprillia Endah Puspita Sari (8111417161)

Faculty of Law, Universitas Negeri Semarang (UNNES)
Semarang, Jawa Tengah, Indonesia
Email: aprilliaendahpuspitasari21@gmail.com

Abstract— The criminal act of

corruption is an act of bribery and
unlawful acts that harm the state or harm
the general welfare. One of the causes of
corruption is very difficult to eradicate
because the perpetrators of corruption are
from government officials themselves.
The criminal act of corruption has been
regulated in Law Number (No). 31 of
1999 jo. 20 of 2001. The criminal
corruption that has occurred in Indonesia
increasingly apprehensive. The
development continues to increase from
year to year, both from the number of
cases that occur and the amount of state
money losses

Keywords— (corruption)

Abstrak— Tindak pidana korupsi adalah

suatu perbuatan menyuap dan perbuatan
melawan hukum yang merugikan negara

XXX-X-XXXX-XXXX-X/XX/$XX.00 ©20XX IEEE

atau merugikan kesejahteraan umum.
Salah satu penyebab korupsi sangat sulit
diberantas karena pelaku-pelaku korupsi
adalah dari pejabat-pejabat
kepemerintahan itu sendiri. Tindak pidana
korupsi telah di atur dalam Undang-
Undang Nomor 31 Tahun 1999 jo. 20
Tahun 2001. Korupsi kriminal yang
terjadi di Indonesia semakin
memprihatinkan. Perkembangannya terus
meningkat dari tahun ke tahun, baik dari
jumlah kasus yang terjadi maupun jumlah
kerugian uang negara.
I. INTRODUCTION
Kata kunci— (korupsi) Progress of a country is
determined by its ability and success in
carrying out development. Development
as a planned change process covers all
aspects of people's lives. Effectiveness
and success of development is mainly
determined by two factors, namely human
resources, ie (people involved from the
planning samapai on implementation) and
financing. Among the two factors that are
the most dominant are the human factors.
Indonesia is one of the richest countries in
Asia in terms of the rich diversity of its
natural resources. But ironically, this love
country compared to other countries in
Asia is not a rich country even a poor
country. One reason is the low quality of
human resources. The quality is not only
in terms of knowledge or intellectual but
also concerning the quality of morality
and personality. Moral morale and the
low level of honesty of the state apparatus
cause corruption. Corruption in Indonesia
today is already a very dangerous social
pathology (social disease) that threatens
all aspects of social life, nation and state.
Corruption has resulted in huge material
financial losses of the country. But even
more concerning is the occurrence of
deprivation and depletion of state funds
collectively carried out by the members of
the legislature under the pretext of
comparative study, severance pay and
others beyond the limits of
reasonableness. This form of deprivation
and extermination of state finances occurs
in almost all regions of the country. It is a
reflection of low morality and shame, so
that stands out is a greedy attitude.
Corruption comes from the
Latin word corruptio which means
rotting, corrupting, destabilizing, twisting,
bribing. Meanwhile, according to Law no.
31 of 1999 Jo Law no. 20 of 2001
Chapter II Article 2 of the meaning of
corruption is: "Any person who
unlawfully commits an act of enrichment
of himself or another person or a
corporation that may harm the state's
finances or the economy of the country."
The corruption of this
corruption is already widespread in the
society, even almost a day's food by the
community. Corruption criminal
corruption continues to increase from year
to year, both from the number of cases
and the amount of state financial losses.
Corruption crime has existed since the
colonial era, bad habits that are difficult
to be abandoned by the nation of
Indonesia as a nation that has been
independent. Index released by
Transparency International, indeed
Indonesia is not included in the 10 most
corrupt countries in the world. However,
in fact from day to day corruption cases in
Indonesia increasingly prevalent.
The perpetrators of corruption in
Indonesia are not ignorant people who
have no knowledge. But the corrupt /
corrupt actor is a tied and educated person
with a bachelor's degree or something.
They deliberately take advantage of the
position and knowledge they can to gain a
great advantage for themselves. The tie of
the tie casually uses the money for the
less fortunate people to live their own
lives. There are many reasons and reasons
why they are corrupt. One is the desire to
live a life of luxury quickly, low salary,
prestige, and low shame and low legal
awareness.
Nowadays the most troubling
corruption is the bribery case of E-KTP.
Many people are waiting long to get an E-
ID card in the card. But, in fact until now
many people who still use ktp while made
of hvs paper is very vulnerable damaged.
Yet ID cards are very important for the
community to identity themselves. One of
the fartor is the lack of material to make
the E-KTP card. This may be one of the
consequences of E-KTP corruption that
leads to the slow distribution of materials.
The eradication of corruption
has been intensively conducted by the
government through the Corruption
Eradication Commission (KPK), which is
the state institution that is sent to carry
out the problem of corruption in
Indonesia. According to Article 2
paragraph (1) of the Corruption Law
states any person who unlawfully
commits the act of enriching themselves
or others or a corporation may be
detrimental to state finances or the
economy of the country shall be subject to
imprisonment of at least 4 years and a
maximum of 20 years and a fine of at
least 200 million rupiah and a maximum
of 1 billion rupiah.
Although there is already a law
that regulates the act of corruption, in fact
there are still many people who commit
acts of corruption even now many local
leaders who are netted by the Corruption
Eradication Commission. Local leaders
who should be honest, actually
melunturkan people's confidence and
make people disappointed. The KPK is
currently imposing an OTP (hand-
catching operation) system to reduce
corruption in Indonesia. Indeed since the
presence of OTP many state officials are
caught red-handed, but it is not yet
efficient to reduce corruption. The
government should be more incentive to
provide punishment for the corruptors so
as not to harm the country's economy.
 able to completely investigate corruption
cases out there. The government
formulates anti-corruption laws consisting
of four elements, namely the abuse of
II. DISCUSSION
authority, the self-enriching or corporate
element, the element of financial harm to
Increased corruption cases in
the state and the element of lawlessness.
Indonesia are seen from corruption
If proven to commit acts of corruption,
eradication data conducted by the
the perpetrator can directly be charged
corruption eradication commission (KPK)
with allegations of the four elements.
from 2004 to 2013. Data on corruption
The impact of corruption is very
are dominated by bribery cases,
harmful to many people. The impact of
procurement of goods and services, and
corruption is directly felt by the nation's
budget misuse. There are also cases of
development. In democracy will
levies, licensing. The bribery case became
complicate good governance, corruption
a favorite corruption practice carried out
in public governance leads to imbalances
by officials. There are also cases that are
in community service. Criminal acts
not less dangerous is money laundering
indirectly erode the ability of intuition
crime, has now become a mode for
from the government and fade a sense of
corruptors to hide the results of
public confidence to the government
corruption. From data handling corruption
declining. With a lot of corruption
by profession / position dominated by
committed on the part of the government
member of DPR / DPRD, officials,
tentunta slow development and the
private and regional head. From these
existing system in society. For example,
data indicates that the increasing of oral
with E-KTP corruption, it slows the
spreading all fields, both executive,
distribution of E-KTP materials.
legislative, and judicative.
While in the field of economy,
Of the two data above, only a
corruption also complicates economic
small proportion of cases have not
development by making distortion and
covered all corruption cases in Indonesia,
inefficiency high. The case of corruption
because the KPK does not handle all
in the economic field is certainly a major
corruption cases in Indonesia, but also by
impact for the economy in Indonesia. For
the police and prosecutors in the regions.
example, it is a case of a gay aristocrat
Corruption is now not only done by the
who has been found guilty of money
center alone, but there are also many
laundering and embezzlement in the tax
cases of corruption in the regions even up
sector where he works. This is certainly
to the village level. So the impact of
very influential for the economy of the
corruption is already widespread to the
country. Tax money from the public that
countryside as well. In fact, almost 50%
should be used for public purposes, but
of heads of regions are suspected of
instead goes into individual pockets for
corruption.
personal gain. Corruption measures
Indonesia as a country with a
diminish the quality of government and
majority of the population is Muslim,
infrastructure services, and add to the
should uphold honesty because honesty is
pressures on government budgets.
the main thing in the Islamic religion. The
Corruption actions disrupt
current government has not found the
market mechanisms and natural resource
maximal results for the increasingly
allocations. Corruption also reduces the
rampant corruption cases in the country of
ability of governments to make
Indonesia. Even the KPK has not been
improvements in the form of rules and
controls due to market failures. When
policies are carried out under the
influence of strong corruption, the
imposition of regulations and policies,
such as banking, education, food
distribution, etc., will encourage
inefficiency. The existence of corruption
also makes government programs do not
reach the target, because the amount of
funds that go into the private pockets than
for the government programs themselves.
The increasing number of
corruption cases in Indonesia makes
government more extra in giving deterrent
effect to corruptors. Today the msih
prison jail is the most powerful weapon to
punish the corruptors. In fact, even the
imprisonment does not result in a
deterrent effect for corruptors. Many
corruptors can still go in and out of jail
for vacation and get the luxury facilities
inside the prison, which should not be
done by the prisoners. It proves that, jail
law also can not make the jeraa of the
state money thieves. With the conviction
of corruption cases inmates can go on
holiday and the existence of luxurious
facilities to add negative perceptions of
the community about law enforcement
officers. The money that the corruptors
use to go abroad on vacation, could be the
result of people's money corruption as
well. It even makes the country auang
less. Penalty penalties are not worth the
money people they use. Of course, by
simply sanctioning the penalty of a fine
that does not make the state a profit but
still a loss.
The eradication of corruption is
still the homework of the government and
the state officials. Relying on the KPK
alone is not enough. Given the case of
corruption has existed since the era of
colonialism and corruption is the worst
case of corruption during the New Order
era. Since the era of the new order, reform
is indeed the government continues to
proclaim corruption eradication, but it
seems did not find the point of light how
to eradicate corruption appropriately to
make the deterrent criminals. The
government must be more assertive to
make punishment for the corrupt. China
for example, the Chinese government is
not playing games to punish the
corruptors. One death sentence was
handed down to Xu Maiyong, former
deputy mayor of Hangzhou and Jiang
Renjie, Suzhou deputy mayor in 2011.
They were found guilty of having bribed
100 million yuan and 200 million yuan
each - which, if accumulated, reached 50
million US dollars. In contrast to the
Japanese state, in Japan if there are
officials who proved to conduct
corruption immediately resigned from his
post.
In Indonesia only impose life
sentences for corruptors. The government
lacks courage in taking legal action for
the people's money-eaters. Indonesia
Corruption Watch (ICW) said that during
the first half of 2015, the average judge
only sentenced 25 months or two years
and one month to the defendants of
corruption. That does not include
remissions that will certainly shorten the
time of detention. It means to alleviate the
punishment of corruptors.
Currently the Indonesian
government has not been able to impose
the death penalty for the corrupt, so only
to impose maximum prison sentences and
penalties to penmembbernya penalties.
Maybe that's what causes a lot of
corruptors who roam out there who
menguai public money for
kepentinagnnya own. The Corruption
Eradication Commission was formed with
the aim of reducing corruption in
Indonesia. But not infrequently in some
cases, there is criminalization and case
engineering against leaders and staf KPK,
until the weakening KPK. In order to
combat this increasingly rampant
corruption, Rais Syuriah of the Nahdlatul
Ulama (PBNU) Executive Board KH
Masdar Farid Mas'udi once mentioned to
punish the deaths of corruptors in order to
give a deterrent effect as did China and
Vietnam. On the other hand the death
penalty is considered to violate human
rights. This creates a dilemma. Prisons
and fines did not make deterrent
criminals.
Corruption certainly makes the
state's money float with great waste. The
money that should be used to improve the
infrastructure and the needs of the
community is instead used by
unscrupulous individuals to enrich
themselves and take vacations abroad.
Whether the state money they stole could
return with their arrest and imprison and
impose fines. Of course not all fines can
return the money they have taken. For
that the government must rack my brain
to make what punishment in accordance
with the actions of the corrupt.
For example, pay a fine but
must be double-folded. It aims to return
the money the people they take. In
addition to paying double-folding fines,
dismissal and also impose sanctions in the
form that the official should no longer
hold me in the same or higher position.
Prison sentences must have no minimum
punishment, all convicts must be
sentenced to life imprisonment, because
they are very disturbing to the public. The
purpose of sanctioning the fine of
multiples, to return the money they stole
and the money could make the
infrastructure and public services even
better.
III. RESULTS AND DISCUSSION
In Indonesia, there is an
independent body established under Law
No. 30 of 2002 which is mandated to
eradicate corruption in a professional,
intensive, and sustainable manner. Yes,
the institution is the Corruption
Eradication Commission or KPK.
Before progressing further, it
helps us to retreat a little trace the
background of the establishment of this
independent institution. KPK was
established in 2003 by Megawati
Soekarnoputri who was then president of
Indonesia. The existence of the KPK
because Megawati assessed the
prosecutor's office and the police who at
that time was authorized to uncover
corruption cases are too dirty so it is
considered not able to catch the corrupt,
especially eradicate corruption. In fact,
since the reform era in 1998, the
awareness of the adverse effects of
corruption, collusion and nepotism
(KKN) has been widespread in the
community. The society that has angered
these criminals has demanded
investigation and prosecution against
officials who practice KKN. From there,
began to establish various agencies or
institutions to prevent and prosecute
perpetrators of corruption acts such as
State Supervisory Commission (KPKPN)
and the Combined Corruption Eradication
Team (TGPTPK). KPKPN and TGPTPK
share tasks to combat corruption. KPKPN
has the main duty to oversee the assets of
State officials, while TGPTPK is tasked
to trace suspected corruptors who are
hiding outside the State of Indonesia.
In the early days of its founding,
the KPK experienced many difficulties,
such as permit examination that is not
easy to go down, leave to officials who
will be examined by the KPK only a few
hours according to the needs of inspection
time and controversy from some parties
who doubted the performance of the KPK
for fear if the Commission was the same
as law enforcement agencies and
corruption eradication agencies
previously ineffective work. But it can
not be denied, the establishment of the
KPK is also a new hope for eradication
and prosecution of corruption that has
been rampant in the earth Indonesia, the
Commission also gives fresh wind to the
public to optimist eradicate corruption.
The position of the chairman of
the first period of KPK was filled by
Taufiqurrachman Ruki who sparked good
and clean governance with KPK's role not
only arresting the perpetrators of
corruption, but also preventing corruption
from getting rampant. But of course to
make it happen is not easy. Corruptors are
like eels that are slippery and agile when
exposed to threats, especially if someone
is deliberately protecting or even helping
to hide them. In this period, the KPK
succeeded in ensnaring some corrupt
officials such as Abdullah Puteh
(Governor of Aceh), dismantling
corruption cases within the General
Election Commission including the
drafting of Nazarudin Syamsuddin,
dismantling the case of bribery of
Supreme Court justices in Probosutedjo
case, and fisheries at the time, Rokhim
Dahuri to prison due to fund corruption in
the marine department. The second
period, Antasari Ashar was chosen to
replace Taufiqurrachman Ruki. He is also
not far from the controversy, he is
considered unfit to be chairman of the
KPK because it is considered
unsuccessful when handling cases
involving the family of sandalwood. He is
also considered not glorious while
undergoing a profession to be a
prosecutor, even some parties considered
him a deposit from parties - parties for the
private interests of those people. The
public is worried if the KPK is being
colonized by corruptors who will
undermine the eradication of corruption in
Indonesia. Amidst the gossip in the
community, Antasari continues to show
its performance and able to dismantle
several cases such as the bribery case of
Prosecutor Uri Tri Gunawan by Syamsul
Nursalim, and arrested the representatives
of the people who actually suck the
people's money.
The KPK has a very simple
target or goal of clearing Indonesia from
corruption, but behind its simplicity there
is tremendous complexity and struggle to
realize that simple goal. Obstacles and
obstacles continue to deter the KPK to
eradicate corruption, not to mention the
backlash from unfortunate corruptors or
even a grudge against the flying of these
independent institutions. KPK runs its
duties with clean up first, clean up the
existing system in the KPK ditabih first.
Then they began to invite the community
to jointly eradicate and prevent corruption
in Indonesia.
In carrying out its duties and
realize its objectives, and armed with the
authority that exceeds other law
enforcement institutions does not mean
the Commission works alone without the
help of other law enforcement. The KPK
should be able to utilize existing
institutions to serve as partners in
eradicating corrupt crime. That is, the
Commission becomes a driver for other
institutions that deal with corruption
crime issues such as kepolocian and
prosecutor's office. The KPK also has a
strategic role with various pillars in the
development of a national integrity
system, in particular with a civilian
ministry or civil society institution. This
can be done by KPK by encouraging and
controlling ministries or institutions and
communities to run the integrity system.
On the other hand, the KPK and the
ministries or agencies are encouraged and
controlled by civil society so as to
establish a pattern of timbait relationships
that can guarantee the national integrity
system that will impact on the legal order,
sustainable development and quality of
life.
KPK is a State institution
established with the aim of improving the
efficiency and effectiveness of eradication
of corruption that is independent and free
from any influence of power, and has five
guiding principles in carrying out its
duties: legal certainty, openness,
accountability, public interest , and
proportionality. Pursuant to Article 7 of
Law Number 30 of 2002, KPK has a role
in performing coordination duties and is
authorized to:
a. Coordinate the investigation,
investigation, and prosecution of
corruption.
b. Establish reporting system in
criminal eradication activities.
c. Request information about
corruption eradication activities to the
relevant agencies.
d. Conduct hearings or meetings
with agencies authorized to eradicate
corrupt acts.
e. Requesting the relevant
agency's report on the prevention of
criminal acts of corruption.
According to the records of
Non-Governmental Organizations such as
Indonesia Corruption Watch (ICW),
Judicial Monitoring Coalition, Anti-
Corruption Studies Center of UGM, and
anti-corruption drive academics that some
69 problems or obstacles that occur in the
role of KPK eradicate and overcome
corruption as follows:
1. Socialization of the KPK has
not touched up to the vast community in
the remote areas which resulted in many
reports of cases that are not KPK's
authority or not a corruption case but
reported to the KPK. According to the
authors this could happen because the
public lacks the authority, duties and role
of KPK according to Law Number 30
Year 2002.
2. Problems of public
participation in combating corruption.
According to the writer's opinion that
public participation is not enough
interpreted just to be asked to report an
indication of criminal acts of corruption.
Rather institutionally, the KPK should
have an obligation to provide protection
against witnesses, even if the witness /
reporter also has problems with other
criminal cases. This seems difficult to be
done due to the MoU between the KPK
and the Prosecutor's Office in the witness
protection / reporting procedure due to a
provision stating that the witness /
rapporteur involved in other crimes is not
given protection. During this time people
also difficult to obtain information, about
what are the rights of those who are in a
position as a witness or reporter.
3. Limited Position of KPK
Office. The KPK's current weakness is
that the KPK office is only centralized in
the capital city of Jakarta, it will have an
impact besides not optimizing corruption
eradication work in the area, KPK also
tends to spend considerable cost every
time to investigate corruption cases in the
area. Therefore, according to the opinion
of the writer is very necessary to hold
KPK representatives in the provinces or if
the KPK budget is minimal, then the
procurement of representatives can be
done gradually by opening a
representative of the Regional KPK
office, because the knowledge of local
KPK office writers only exist in Aceh
province.
4. Lack of bringing a deterrent
effect According to the authors that the
efforts of the KPK to crack down and
tackle corruption at this time has not been
able to cause fear and deterrence to the
corruptors. This is seen still a lot of
corruptors who were caught by the KPK.
Be preserved because it has
succeeded in uncovering corruption cases
that harm state finances and harm society
and injure the rights of the people. The
KPK also succeeded in eradicating the
corruption to its roots regardless of the
perpetrators and positions held by the
perpetrators of the corruption.
 Corruption is a self-enriching
act that directly harms the state or the
economy of the country. Thus, the
element of corruption involves two
aspects. Aspects that enrich themselves
by using his position and aspects of the
use of state money for his interests. The
causes are, among others, the lack and
weakness of leaders, weaknesses of
teaching and ethics, colonialism,
colonialism low education, poverty,
absence of harsh penalties, corruption,
low human resources, and economic
structure. Corruption can be classified
into three types, namely form, nature, and
objectives. The impact of corruption can
occur in various fields including, the field
of democracy, economy, and the welfare
of the state.
The acts of a person who with or
due to a crime or violation enriches itself
or another person or an entity that directly
or indirectly harms the financial or
economic State and local or financial
damages of another legal entity receiving
assistance from the state or regional
finance or entity other laws that use
capital and concessions from the State or
society. Corruption carries many negative
influences that have direct impact on
people's lives, including their impact on
democracy, on the state economy, and of
course on the general welfare of the
country. there are many examples of
corruption cases in Indonesia. corruption
in Indonesia is understood athe behavior
of the offending official and / or
organization (State), and deviations from
existing norms or regulations.
As a development phenomenon,
corruption occurs in the development
process undertaken by the state or
government. Any criminal act of
corruption either in the form of a bribe or
as a recipient of bribery shall be liable to
sanctions in accordance with the
prevailing laws and regulations
concerning the criminal act of corruption.
So far the government continues to make
efforts in combating corruption. one of
which is to establish a corruption
eradication agency that is currently
known as the Corruption Eradication
Commission (KPK). besides the
government also take advantage of
advances in information and
communication technology as a tool in
assisting efforts to eradicate corruption in
this country. but this would not be perfect
without the support of the main and
largest component of the general public.
For it is actually the most
effective effort to eradicate corruption in
Indonesia is a good cooperation between
the government and the general public. In
addition, improving the quality of human
resources (HR) will minimize the
occurrence of criminal acts of corruption.
Strict laws are also required to ensnare
these "rat ties" who steal people's rights.
The combination of all the above
mentioned aspects is the perfect effort to
combat corruption in Indonesia.
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