ANTI-CORRUPTION AGENCIES IN INDONESIA : ANALYSIS STUDY TO REBUILD A STRONGER KPK
Beckham J. Podung
I have been interested when I was read Mr. John’s journal in NUS. In Indonesia, we have a commission like ACAs in Hongkong, Thailand and South Korea. But I think commission against corruption or we called in Indonesia KPK isn’t be affective for some reason. By Mr. John there are 6 qualification or To be effective, anti-corruption agencies (ACAs) these six preconditions: (1) they must be incorruptible; (2) they must be independent from the police and from political control; (3) there must be comprehensive anti-corruption legislation; (4) they must be adequately staffed and funded; (5) they must enforce the anti-corruption laws impartially; and (6) their governments must be committed to curbing corruption in their countries.[1] I was exciting when I read abstraction from john that he said It concludes that the ACAs in Hong Kong and Singapore are more effective than their counterparts in South Korea and Thailand because of the political will of their governments, which is reflected in the provision of adequate staff and budget to Hong Kong’s Independent Commission Against Corruption and Singapore’s Corrupt Practices Investigation Bureau, and the impartial enforcement of the comprehensive anti-corruption laws in both city-states[2] the most important thing to makes ACAs effective comes from political will of the government. Even, if we are talk about corruption, it never be lost from law enforcement that we can see in legal theory of Friedman.
For friedman
there are 3 parts of law environment : first is about structure, when talking about the structure of the legal
system, including the structure or institutions that determine law enforcement, such
as police, including in the case of forestry forest police, prosecutors and courts.
Second is about substance, the substance of the law is the rules, norms and behavior
patterns of real people who are in the legal system, which whenin Indonesia
is a legal substance of the product by the legislature, including the court's
decision. The substance
is what is done and produced by the machine.[3]
And the last is about legal culture, legal culture is a human attitude toward
the law and legal system, beliefs, judgments and expectations of the legal community.
So in other words,
culture is the atmosphere mind site and social forces that determine how the
law was used, or even misused including
by law enforcement itself. Legal culture is anything or anyone who decides to turn on and
turn off the engine and determine how the machines are use.[4]
Law enforcement in operation is not a stand-alone thing but related to different aspects / factors. Law enforcement is not only related to the law itself, but also with humans, both in law enforcement and the community. In the discussion about law enforcement can not be separated from the concept Lawrence Friedman.
So, by the 6 concept from John, the primary factor to build an effective Commission Against Corruption especially in Indonesia, that is the political will from government. The political will from government is necessary. We need a great commitment to against corruption because beside the corruption are the one of the part of extraordinary crime, corruption is s serious problem for most country in the world, the worst impact from corruption is to make a nation failed. So, to against corruption, isn’t enough if we just have an act to arrange corruption, but in other side, we don’t have a commission with independent from political control or if we don’t have an awareness to fights corruption from a little things.
The independent from political control used for to make ACAs not be corruptible, for John there are 2 reason, why ACAs cannot be corruptible, First, if the ACA’s personnel are corrupt, its legitimacy and public image will be undermined as its officers have broken the law by being corrupt themselves when they are required to enforce the law. Second, corruption among the ACA’s staff not only discredits the agency but also prevents them from performing their duties impartially and effectively.
I have a same perception with john, because for him and for me, the crucial things for effectiveness of ACAs In Indonesia comes from government itself. John Said Political will is perhaps the most important precondition for the effectiveness of an ACA. The political leaders in a country must be sincerely committed to the eradication of corruption by showing exemplary conduct and adopting a modest lifestyle themselves. This means that those found guilty of corruption must be punished, regardless of their status or position in society. Political will is absent when the “big fish” or rich and famous are protected from prosecution for grand corruption, and only the “small fish” or ordinary people are caught and punished for petty corruption.[5] In next part of his journal, he said Political will refers to the commitment of political leaders to eradicate corruption and exists when these three conditions are met: (1) comprehensive anti-corruption legislation exists; (2) the independent ACA is provided with sufficient personnel and resources; and (3) the anti-corruption laws are fairly enforced by the independent ACAs. Indeed, political will is “the most important prerequisite as a comprehensive anti-corruption strategy will fail if it is not supported by the political leadership in a country”. Thus, the commitment of the political leaders in fighting corruption ensures the allocation of adequate personnel and resources to the anti-corruption effort, and the impartial enforcement of the anti-corruption laws by the ACA.[6] And the last he said an ACA can only be effective if it is supported by a government that is committed to eradicating corruption in the country.[7]
So if we want to make a stronger KPK than before, I suggested that we a juris back to some article from John Quah, Milakovich and Gordon, funk and seamon, denny indrayana, etc. but for most effectiveness KPK we just back to government it self. There’s no other way to make KPK stronger than before.
[1] Jon S.T. Quah, Anti- Corruption Agencies In Four Asian Countries: A Comparative Analysis, National University of Singapore. Pg. 73
[2] Ibid
[3] Lawrence Friedman, The Legal System: A Social Science Perspective, New York: Russel Sage Foundation.
[4] The Influence Of Structure, Substance And Culture To The Forest Law Enforcement In Indonesia, International Journal Of Business, Economics And Law, Vol. 1 Issn 2289-1552 2012. Pg. 104
[5] Ibid. Pg. 104
[6] Ibid. Pg. 105
[7] Ibid. Pg. 106
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