PAPERS ON CORRUPTION AS A PROBLEM THAT MUST BE ADDRESSED

IMMEDIATELY IN INDONESIA

COMPILED BY:

CASRIYAH

3211422025
 CHAPTER 1

INTRODUCTION

1. Background to the Problem

The progress of a country is largely determined by its capabilities and successes in
carrying out development. Development as a process of planned change covers all
aspects of people's lives. The effectiveness and success of development is mainly
determined by two factors, namely human resources, namely (the people involved in
samapai planning on implementation) and financing. Among these factors, the most
dominant is the human factor. Indonesia is one of the richest countries in Asia judging
from the diversity of its natural resource wealth. But ironically, this beloved country
compared to other countries in the Asian region is not a rich country but is a poor
country. Why is that? One of the causes is the low quality of its human resources.
These qualities are not only in terms of his knowledge or intellectual but also concern
his moral qualities and personality. The fragility of morale and the low level of
honesty of the state organizing apparatus led to corruption. Corruption in Indonesia
today is already a very dangerous social pathology (social disease) that threatens all
aspects of the life of society, nation and state. Corruption has resulted in huge material
financial losses to the state.
But what is even more concerning is the occurrence of deprivation and drainage of
state finances carried out collectively by members of thelegislative community under
the pretext of comparative studies, THR, severance pay and others beyond the limits
of reasonableness. Such forms of deprivation and drainage of state finances occur
almost throughout the territory of the motherland. It is a reflection of low morality and
shame, so what stands out is the attitude of gluttony and aji mumpung. The problem is
can corruption be eradicated? No other answer if we want to move forward, is that
corruption must be eradicated. If we do not succeed in eradicating corruption, or at
least reducing to the lowest nadir, don't expect this Country to be able to catch up
compared to other countries to become a developed country. Because corruption
brings a fairly widespread negative impact and can bring the country to the brink of
destruction. The rise of corruption cases committed by state officials who have
pledged allegiance to the state is still happening. As if not a deterrent, these corruptors
make corruption a mere game. Without knowing that the money from what they
corrupt is the hard work of the people out there. The money that should have been
allocated by other things instead became money for corrupt corruptors to scramble for
sprees. Therefore, in this discussion, we will discuss what corruption is and how to
deal with it

1.1 Problem Formulation

As for some of the formulations of the problems we are discussing, namely:
1. What is corruption
2. What is the Legal Basis for the Implementation of Corruption?
3. What Are The Institutions That Have A Duty To Eradicate Corruption?
4. What are the Efforts to Combat Corruption?
5. What is the Current State of Corruption in Indonesia?

1.2 Purpose

1. To know about ap aitu corruption

2. To know the legal basis of corruption
3. To find out which institutions have a duty to eradicate corruption
4. To find out what impacts can be caused by 'customary corruption'
5. To understand what efforts have been made to tackle the corruption
6. To find out about indonesia's current state of corruption
 CHAPTER II

LITERATURE REVIEW

2.1 Definition of Corruption

Corruption is one of the criminal acts if it is committed by someone. This corruption crime
itself is an activity carried out to enrich oneself or a group where the activity is very
detrimental to the nation and the State and violates applicable laws.

Definition of Corruption According to Experts

The definition of corruption according to experts includes the following

Gunnar Myrdal

Definition of Corruption According to Gunnar Myrdal, it is a problem in government because

the habit of bribery and dishonesty paves the way for dismantling corruption and acts of
punishment against violators. Actions in the eradication of corruption are generally used as
the main justification for the Military Kup.

Robert Klitgaard

Definition of Corruption According to Robert Klitgaard is a behavior that deviates from the
official duties of his position in the state, which is to obtain status or money gains that
concern oneself or an individual, immediate family, one's own group, or by violating the rules
of implementation concerning personal behavior.

Juniadi Suwartojo (1997)

Definition of Corruption According to Juniadi Suwartojo is the behavior or actions of a

person or more who violates applicable norms by using and/ or abusing power or opportunity
through the procurement process, determining the levy of receipts or providing other facilities
or services carried out on the activities of receiving and / or spending money or wealth,
storage of money or wealth and in licensing and / or other services for the purpose of personal
profit or its class directly or indirectly harms the interests and / or finances of the state /
society.
Prof. Subekti

Definition of Corruption According to Prof. Subekti is a first act that enriches oneself that
directly harms the state or the economy of the country.

Huntington (1968)

Definition of Corruption According to Huntington is the behavior of public officials who

deviate from the norms accepted by society, and this deviant behavior is aimed at fulfilling
personal interests.

Law No. 24 of 1960

Definition of Corruption According to Law No.24 of 1960 is the act of a person, who with or
for committing a crime or is carried out by violating the use of office or position.

2.2 Legal Basis for The Implementation of Corruption

Taking into account Law number 31 of 1999 Law Number 20 of 2001, the crime of
Corruption can be seen from two aspects, namely Active corruption and Passive Corruption,
as for what is meant by Active Corruption is as follows:
- Unlawfully enriching oneself or others or corporations that can harm the state finances or the
State economy (Article 2 of Law Number 31 of 1999)
- With the aim of benefiting oneself or others or corporations that abuse authority, opportunity
or can harm the state's finances, or the state economy (Article 3 of Law Number 31 of 1999)
- Rewarding a Civil Servant keeping in mind the power or authority attached to his position or
position, or by the giver of a gift or promise is considered attached to that position or position
(Article 4 of Law No. 31 of 1999)
- Attempted assistance, or malicious manufacture to commit a criminal act of Corruption
(Article 15 of Law No. 20 of 2001)
- Giving or promising something to a civil servant or State Administrator with the intention of
doing or not doing something in his position that is contrary to his obligations (Article 5
paragraph (1) letter a of Law Number 20 of 2001)
- Giving something to a civil servant or state administrator because of or in connection with
something that is contrary to his obligations to do or not be done in his office (Article 5
paragraph (1) letter b of Law Number 20 Tagun 2001)
- Giving or promising something to the Judge with the intention of influencing the verdict of
the case submitted to him for trial (Article 6 paragraph (1) letter a of Law No. 20 of 2001)
- Contractors, building experts who at the time of making buildings or sellers of building
materials who at the time of handing over building materials, commit fraudulent acts that may
endanger the security of people or goods or the safety of the state in a state of war (Article (1)
letter a of Law Number 20 of 2001)
- Any person in charge of supervising the construction or delivery of building materials,
deliberately allows fraudulent acts as referred to in letter a (Article 7 paragraph (1) letter b of
Law Number 20 of 2001)
- Any person who at the time of handing over goods needed by the Indonesian National Army
or the Indonesian Reublic National Police commits fraudulent acts that may endanger the
safety of the country in a state of war (Article 7 paragraph (1) letter c of Law Number 20 of
2001)
- Any person in charge of supervising the delivery of goods needed by the Indonesian
National Army or the National Police of the Republic of Indonesia deliberately allows
fraudulent acts as referred to in letter c (article 7 paragraph (1) letter d of Law Number 20 of
2001)
- Civil servants or other than civil servants who are assigned to carry out a public office
continuously or temporarily, deliberately embezzle money or allow the money or securities to
be taken or embezzled by others or assist in carrying out such acts (Article 8 of Law Number
20 of 2001)
- Civil servants or other than Civil Servants who are given the task of carrying out a general
office continuously or temporarily, deliberately falsifying books or special lists of
administrative examinations (Article 9 of Law Number 20 of 2001)
- A public servant or person other than a Civil Servant who is given the task of carrying out a
public office continuously or temporarily intentionally embezzling destroys, damages, or
makes unusable goods, deeds, letters or lists used to convince or prove in advance the
authorized official controlled because of his office or allow others to remove, destroy,
damage, or make it unusable the goods, deeds, letters or registers (Article 10 of Law Number
20 of 2001)- Civil servants or State Administrators who:

With the intention of benefiting oneself or others unlawfully or by abusing one's power to
force someone to give something or receive payment by deduction or do something for
himself (article 12 e of law No. 20 of 2001)At the time of carrying out the task of soliciting,
receiving or deducting payments to other civil servants or state administrators or the general
treasury has a debt owed to him.even though it is known that it is owed to him. it is not a debt
(letter f)At the time of carrying out the task of soliciting or accepting work or the delivery of
goods as if it were a debt to him,even though it was known that it was not a debt (letter g)At
the time of carrying out the duties had used the state land on which there was a right of use, as
if in accordance with the laws and regulations, had harmed the person who was entitled, what
is known to him that the act is contrary to the laws and regulations or either directly or
indirectly intentionally participates in the contracting, procurement, or rental which at the
time of the deed is carried out, in whole or in part is assigned to take care of or supervise it
(letter i)
- Giving gifts to civil servants keeping in mind the power or authority attached to their
position or position, or by the giver of gifts or promises is considered attached to that position
or position (Article 13 of Law No. 31 of 1999).

While Passive Corruption is as follows:

- Civil servants or state administrators who receive gifts or promises for doing or not doing
something in their position that is contrary to their obligations (article 5 paragraph (2) of Law
Number 20 of 2001)
- A judge or advocate who receives a grant or promise to influence the verdict of a case
submitted to him for trial or to influence the advice or opinion given in connection with the
case submitted to the court for trial (Article 6 paragraph (2) of Law number 20 of 2001)
- A person who accepts the submission of materials or the civil service of the Indonesian
national army, or the state police of the republic of Indonesia who allows fraudulent acts as
referred to in paragraph (1) letter a or c of Law number 20 of 2001 (Article 7 paragraph (2) of
Law number 20 of 2001.
- A public servant or state administrator who receives a gift or promise when it is known or
reasonably known or reasonably suspected that the gift or promise was given to induce him to
do or not do something in his office that is contrary to his obligations, or as a result of or
caused by having done or not done something in his office that is contrary to his obligations
(article 12 letter a and letter b of Law number 20 in 2001)
- A judge who receives a gift or promise, when it is known or reasonably suspected that the
gift or promise was given to influence the judgment of the case submitted to him for trial (art.
12 letter c of Law no. 20 of 2001)
- An advocate who receives a gift or promise when it is known or reasonably suspected that
the gift or promise was given to influence the advice or opinion of money given in connection
with a case submitted to the court for trial (art. 12 letter d of Law no. 20 of 2001)
- Any civil servant or state administrator who receives gratuities granted in connection with
his position and contrary to his obligations or duties (article 12 of Law number 20 of 2001)

2.3 Institutions That Have a Duty to Eradicate Corruption

1. Police
2. Prosecutors
3. KPK

2.4 Efforts to Combat Corruption

In an effort to create a counter-corruption, several strategies are used, namely:
1. Preventive Strategy
Preventive efforts are corruption prevention efforts directed at minimizing the
causes and opportunities of someone committing corruption. Preventive efforts
can be made by:
 Strengthening the House of Representatives or DPR.
 Strengthening the Supreme Court and the judicial ranks below it.
 Establishing a code of conduct in the public sector.
 Establishing a code of ethics in the sector of political parties, professional
organizations, and business associations.
 Examine further the causes of corruption on an ongoing basis. Improvement
of human resource management or HR and improvement of the welfare of
civil servants.
 Require the creation of strategic planning and performance accountability
reports for government agencies. Improving the quality of the
implementation of the management control system. Improvement of
management of state-owned wealth goods or BKMN. Improving the quality
of service to the community. Campaigns to create value or value nationally.
2. Detective Strategy
Detective efforts are efforts directed at detecting the occurrence of corruption
cases quickly, precisely, and at low cost. So that it can be followed up
immediately. Here are the efforts of the corruption prevention detective:
 System improvement and follow-up on complaints from the public.
  Enforcement of certain financial transaction reporting obligations.
 Reporting of the personal wealth of holders of public office and functions.
Indonesia's participation in anti-corruption and anti-money laundering
movements in the international arena.
 Improving the ability of the Government Functional Supervision
Apparatus ata APFP in detecting corruption crimes.
3. Repressive Strategies Repressive efforts are efforts directed so that any acts of
corruption that have been identified can be processed quickly, precisely, and at a
low cost. So that the perpetrators can be immediately sanctioned in accordance
with applicable laws and regulations. Repressive efforts in preventing corruption
are:
 Strengthening the capacity of anti-corruption agencies or commissions.
 Investigation, prosecution, trial, and conviction of major corruptors with a
noose effect.
 Determination of the types or groups of corruption that are prioritized to
eradicate.
 The enactment of the concept of reverse proof.
 Researching and evaluating the process of handling corruption cases in the
criminal justice system continuously.
 Implementation of an integrated monitoring system for the process of
handling corruption.
 Publication of corruption cases and their analysis. Re-arranging the
relationship and working standards between the duties of corruption
investigators and public investigators, civil servant investigators or PPNS,
and public prosecutors.
2.5 The Current State of Corruption in Indonesia

It has been months since the mass media reported on corruption cases. From the news, it is
clear that very many of our elites and dreamers are involved in corruption. Starting from the
elite in the center of the national government to the regions. Similarly, it involves the political
elite of the DPR RI, bureaucrats, and businessmen. Very shocking news, even Akil Mochtar
(Chief Justice of the Constitutional Court) was caught committing corruption. A very
respectable institution with enormous power, it is actually proven to have committed acts of
Corruption.
As is known, the functions and authorities of the Constitutional Court are: The authority to
adjudicate at the first and last level whose decisions are final to test the Law against the
Constitution, decide disputes over the authority of State institutions whose authority is
granted by the 1945 Constitution, decide the dissolution of political parties, and decide
disputes about the results of elections. Obliged to give decisions on the opinions of the House
of Representatives regarding alleged violations by the President or Vice President according
to the 1945 Constitution.
The authority of the Constitutional Court in: Examining laws against the 1945 Constitution,
deciding disputes over authority between state institutions, having its authority granted by the
1945 Constitution, deciding the dissolution of political parties, resolving disputes about
election results, and various powers that are very urgent for the national interest.

With its extraordinary authority, it should be, the Constitutional Court can guard itself against
various weaknesses, even more so against corruption. But in reality, the constitutional court is
plunged into a maelstrom of corruption issues. So corruption has been rampant in all sectors
of life, both in the Judiciary, the Executive, and in the Legislature. So it is not wrong to say,
that Indonesia is in a state of, "Corruption Emergency".

It is common knowledge, that almost all lines of life in Indonesia today, must be solved with
"Sogokan and various other pelican money". Starting from taking care of the KTP (Identity
Card) in the Kelurahan, taking care of the driver's license (Driver's License), KK (Family
Card), entering school, to large matters, such as winning a tender for a project, or for
promotion; and so forth. Everything requires bribes and pelicin money. So it is not wrong that
investors who want to invest in water must go through all these processes. As a result, the cost
of investment written is not proportional to the real cost (real cost) that must be paid, because
of the length of the bureaucracy and all stages have to spend money. Finally, the night
investors to invest in the country, and move to neighboring countries such as Malaysia, for
example the case of the establishment of RIM's BlackBerry factory.

To eradicate such corruption and illegal levies, it is not easy or even impossible, because this
condition has taken root and has become a culture. Whereas for the progress of a nation in
modern times, the culture of corruption and illegal levies is a very big obstacle to progress.

CHAPTER III
 DISCUSSION

The regulations on the eradication of corruption one after another, always the one who later
corrected and added, but corruption in all its bentk is felt to still remain fierce. The term
corruption as a legal term and member batsan means corruption is actions that harm the
finances and economy of the State or regions or other legal bodies that use capital and / or
other concessions from society, as a special form of corruption. Therefore, the State considers
that corruption acts or crimes have entered and become a criminal act of corruption that has
been happening widely, not only harming state and regional finances, but also has become a
violation of the social and economic rights of the community at large, so that corruption
crimes need to be classified as crimes whose eradication must be carried out extraordinary.
In analyzing corruption acts, it can be based on 3 (three) approaches based on the flow of the
corruption process, namely:
- Approach to the position before the act of corruption occurs,
- An approach to the position of acts of corruption occurring,
- Approach to the position after the act of corruption occurs.
Of these three approaches, three strategies can be classified to prevent and eradicate
appropriate corruption, namely:
1. Preventive Strategy.
This strategy must be created and implemented by being directed at the things that are the
cause of the emergence of corruption. Every indicated cause must be made preventive efforts,
so as to minimize the causes of corruption. In addition, efforts need to be made that can
minimize the opportunity to commit corruption and this effort involves many parties in its
implementation in order to be successful and able to prevent corruption.
2. Deductive Strategy.
This strategy must be made and implemented mainly by being directed so that if an act of
corruption has already occurred, then the act will be known in the shortest time and as
accurately as possible, so that it can be followed up appropriately. With this rationale, many
systems must be addressed, so that these systems will be able to function as rules that are
quite appropriate to signal if there is an act of corruption. This really requires the existence of
various disciplines, be it legal, economic, or political and social sciences.
3. Repressive Strategies.
This strategy must be created and implemented primarily by being directed at providing
appropriate legal sanctions quickly and appropriately to parties involved in corruption. With
this rationale, the process of handling corruption from the stage of investigation, investigation
and prosecution to the judiciary needs to be studied to be perfected in all aspects, so that the
handling process can be carried out quickly and precisely. However, its implementation must
be carried out in an integrated manner. For the government, there are many choices that can
be done according to the strategy to be implemented.

There are also strategies to eradicate corruption preventively and repressively, including:
1. The "Anti-Corruption Society" movement, namely the eradication of corruption in
Indonesia, currently needs strong pressure from the wider community by streamlining the
anti-corruption people's movement, NGOs, ICW, NU and Muhammadiyah Ulama or other
mass organizations need to cooperate in an effort to eradicate corruption, as well as the
possibility of forming coalitions from political parties to fight corruption. So far, the
eradication of corruption has only been used as a campaign material to seek support without
any realization from the political parties concerned. This people's movement is needed to
suppress the government and at the same time provide moral support so that the government
rises to eradicate corruption.
2. The "Purge" movement is to create all law officers (Police, Prosecutors, Courts) who
are clean, honest, disciplined, and responsible and have a high commitment and dare to
eradicate corruption regardless of social status to uphold law and justice. This can be done by
improving the existing organizational system by emphasizing the structure follows strategy
procedure , namely by drawing the existing organizational structure first and then placing
people according to their respective positions in the organizational structure.
3. The "Moral" movement that continuously socializes that corruption is a great crime
for humanity that violates human dignity and dignity. Through moral movements, it is hoped
that the conditions of the social environment of the community will be created that strongly
reject, oppose, and punish corruption and will accept, support, and appreciate anti-corruption
behavior. This step, among others, can be done through educational institutions, so that it can
be affordable for all levels of society, especially the younger generation, as an effective
langlah to build a national civilization that is clean from corrupt morals.
4. The "Bureaucratic Effectiveness" movement is by shrinking the number of employees
in the government in order to obtain optimal work results by placing people who are in
accordance with their abilities and expertise. And if there are still employees who commit
corruption, strict and harsh action is taken against those who have been found guilty and
whenever it is necessary to be sentenced to death because corruption is the greatest crime for
humanity and anyone who commits corruption means violating the dignity and dignity of life
The state issued 3 legal products on the eradication of corruption crimes, namely: Law No. 31
of 1999 concerning the Eradication of Corruption Crimes, Law No. 20 of 2001 concerning
Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes and
Law No. 28 of 1999 concerning the Implementation of a Clean and Free State from
Corruption, Collusion and Nepotism.
The conclusion of the three laws concerning the eradication of corruption crimes is lex
specialis generalis. The substance material contained therein includes:
1. Enriching oneself/others against the law (Article 2 paragraph (1) of Law No.31 of 1999).
So, the perpetrator of the corruption crime is any person, whether he has the status of a civil
servant or No-PNS and a corporation that can take the form of a legal body or association.
2. Doing acts of enriching oneself or others or corporations.
3. May be detrimental to the state's finances or the economy of the State.
4. The existence of oenyakahgunaan authority, opportunity or means (Article 3 of Law N0.31
of 1999).
5. Bribing civil servants or state organizers (Article 5 of Law No.20 of 2001).
6. Fraudulent acts (Article 7 of Law No. 20 of 2001).
7. Embezzlement in office (Article 6 of Law No. 20 of 2001).

Therefore, the existence of regulatory products that the State provides for
saving the State's finances from corrupt behavior, it is very much required of other law
enforcement officials to be as simple as possible to understand the formulation of the related
and disseminated offenses in each existing article to be appropriate in applying to the
perpetrators.

The application of normative penalties regarding corruption to the perpetrators will not be
useful and worth regret if several strategies are not included. There are 3 things that must be
done to reduce the nature and behavior of society for corruption, among others;
(1) increase the salaries of low and medium-sized employees,
(2) raise the morale of high employees, as well as
(3) illegal levy legislation becomes an official or legal opinion.
 CHAPTER IV
COVER

3.1.Conclusion
Corruption is a first act of self-enrichment that directly harms the country or the country's
economy. So, the elements in corruption acts include two aspects. An aspect that enriches
itself by using its position and the aspect of using State money for its benefit. The causes
include the absence and weakness of leaders, weaknesses in teaching and ethics, colonialism,
colonization of low education, poverty, absence of harsh punishments, scarcity of a fertile
environment for corrupt behavior, low human resources, and economic structure. Corruption
can be classified into three types, namely form, nature, and purpose. The impact of corruption
can occur in various fields including democracy, economy, and state welfare.

3.2. Advice
An attitude to avoid corruption should have been instilled early on. And corruption prevention
can start small
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