7/24/2019 Artikel Pengantar Teks Akademik

1/2

Rijuli Nadeak S6114002

Why are corruptors so stubborn?

Frans Hendra Winarta !akarta " No#e$ber 16 2012 " %&'6 ()

Share:

It has been more than a decade since the Reform era began, yet we still wonder why corruption

has been so difficult to eradicate. In fact, corruption has become a chronic illness that has been

difficult to treat, even with so many methods available to us.

We have tried almost every theory and practice used by other nations that have succeeded in

reducing corruption. Apparently, corruption in Indonesia has been more stubborn, and has

systematically spread to become endemic.

Many !"s have been established as independent institutions to monitor official corruption. #he

$orruption %radication $ommission &'(') has been established in view the failure of the

ational (olice and the Attorney !enerals "ffice to ade*uately fight corruption. More and more

corruptors have been dragged into court. #he +- revision to the $orruption aw has lead to

heavier sentences, some as great as - yearsimprisonment, for the guilty. /owever, in reality,

corruption is unli0ely to subside.

Some say our legal system has not been strict enough or viciousenough in punishing theguilty. Many state that the death penalty must be levied on those convicted of corruption to create

a deterrent effect. Some blame the government, while others say that courts have been less serious

about eradicating corruption and law enforcers.

As Acton famously said in the -1th century, (ower tends to corrupt, and absolute power

corrupts absolutelywhich suited the conditions in %urope at a time when it was transitioning

from absolute monarchies to democratic states.

/owever, in the +-st century, obel laureate Aung San Suu 'yi said it bluntly and reasonably:

It is not power that corrupts but fear. 2ear of losing power corrupts those who wield it, and fear

of the scourge of power corrupts those who are sub3ect to it.2ear of losing power causes people

in power to do everything they can to hold onto control of the government so that they can

preserve power to reach their ob3ectives.

#his can be seen today in Indonesia, where politicians engage in money politicsto preserve

their power to winning general and regional elections. Almost all political parties gather funds in

violation of election law.

2rom past e4perience, campaign fund5raising in presidential, gubernatorial and regency electionshas been less than transparent and in violation of the law. Abuse of power, vote5rigging and misuse

7/24/2019 Artikel Pengantar Teks Akademik

2/2

of the state or regional budget in elections has been rampant. Abuse of power includes misuse of

state facilities, and this can happen because it is difficult to distinguish, for e4ample, whether an

official who also serves as a leader of a political party, is traveling outside his home region in his

capacity as a state official or a party leader.

A desire to win election can create a conflict of interest for politicians who must serve party and

the public, which eventually encourages corruption.

"ver the last decade, a number of lawma0ers, officials and chief e4ecutives have been prosecuted

and convicted by the $orruption $ourt. /owever, this has failed to create a sufficient deterrent

effect6 it is unli0ely that the corrupt now fear conviction. It continues, even though ministers,

governors, mayors, 3udges, prosecutors, police officers, ta4 officers and lawma0ers have been sent

to prison.

What should now be studied is how to confiscate the assets of corruptors to repay the state for

embe77led money and stolen assets. Such measures including sei7ing money from ban0 accounts

and confiscating the houses, land and wealth of corruptors.

(rison sentences alone cannot ma0e those convicted of corruption learn their lesson. Without

effective deterrent, there will be a tendency for the corrupt to repeat their wrongdoing in the

future. A legal brea0through must be made to impoverish corruptors. Wealth from corruption must

be ta0en and returned entirely to the state.

Meanwhile, as a further preventive measure, the supervision of state and regional budgets must betightened by separating awarding procurement from issuing payments. A system of supervision

and separation must also be applied to legislative councils and 3udicial institutions. (eriodic audits

should be done of all e4penses and purchases of goods and services as an ultimate financial

control.

In addition, the Supreme Audit Agency &8('), as the institution that manages state finances, must

be empowered. #he same goes for the 2inancial #ransaction Reports and Analysis $entre

&((A#') and other institutions that are directly or indirectly related to corruption prevention

efforts. #his must be done to limit the opportunity of the corrupt. ets hope that in the future,

with a system of tight supervision and periodic oversight of officials, power will no longer

associated with acts of corruption.

#he writer is a member of the ational aw $ommission &'/) and the chairman of the

Indonesian Advocates Association &(%RA9I).