2nd winner ALSA Local Law Essay Competition 2013

DEATH PENALTY FOR THE CORRUPTORS Nowadays corruption is common thing for most country. corruption is difficult to avoid especially to be eliminated because many people who wish to be rich person without study hard and work hard. Everyone want to get everything easily, as a result many people who tend to be greedy for wealth and get the wealth by any way included become a corruptors "For me, corruption is a vicious disease that undermined public health as well as the cancer that step by step the power to kill human life".1 That phrase seems appropriate to describe the current state of our country. We can see in every line of life, corruption has become culture and even been ingrained.

Indonesia is one of country which in fifth rank of the most corrupt country in the world after Azerbaijan, Bangladesh, Bolivia, Kamerun who are in the posisition above, and become in first rank of the most corrupt country in Asia Pasific.2 Now I will tell how the corruption started enter into Indonesia. There are three phase. First, phase of kingdom era, second, phase of colonial era, third, phase of modern era.

First, phase of kingdom era in these time the culture of corruption was backdrop of a motive power and wealth. We can see Singosari kingdom who did civil war to usurp power that patterned to reach wealth. Start from Prabu Anusopati, Prabu Ranggawuni, untill Prabu Mahesa Wongateleng , etc.3 The exciting lessons from this era was started establishment of the public character of opportunism to take sympathy of king to reached a power and wealth, and this is which is the forerunner the corrupt in the future Second, phase of colonial era . I can say that in this era Like a pet dog, messenger the Dutch colonizers had willingly given enslaved by foreign nations just to seek attention in hopes of getting a decent position and a position in the

1

Selo Sumardjan in his preface to the book "Eradicate Corruption" by Robert Klitgaard, 1998.

2 survey by transparency.org 3

Amin Rahayu, in "History of Corruption in Indonesia". No mandate. 55, year XVIII, October 2004.

government that was built by the colonialists. Explicitly, the invaders were actually practicing cultural hegemony and domination, making the Indonesian people also did not hesitate to oppress their own people through behavior and his corrupt practices. Is like blood-sucking vampire who sometimes prey on their own people in order to survive.

Third, phase of modern era. After the colonial era we can say that we have detached from the colonial but they But the Dutch colonial left one of legacy that the culture of corruption, collusion and nepotism. we can see from the behavior of government officials, began in the era of the old Order of Sukarno, who eventually grew and flourished in the reign of Suharto's New Order until today.

Tend to be authoritarian leadership patterns and anti-criticism, making the opportunity for corruption is getting easier. As a result, Indonesia itself managed to become one of the most corrupt countries in the world, even to this day.

Indonesia itself since the reign of Sukarno's era to reform era and untill now, has published a variety of legislation in efforts to eradicate corruption. Start from Government Regulation in Lieu of Undang-Undang Nomor 24 Tahun 1960 about the Investigation, Prosecution and Investigation of Corruption, Undang-Undang Nomor 3 Tahun 1971 about regarding Corruption Act, Undang-undang Nomor 31 Tahun 1999 about Eradication of Corruption jo. Undang-undang Nomor 21 Tahun 2001 about amandement of act Undang-undang Nomor 31 Tahun 1999 Eradication of Corruption, untill Undang-undang Nomor 7 Tahun 2006 ratification of the “United Nations Convention Against Corruption, 2003.

Even we already have a good constituion but corruption is still happen. until finally there is a new solution for the corruptors, that is death penalty, which until now is still complicated.

If me my self I realy agree about death penalty becouse why, seeing that condition I think this case is already become seriousy problem in our country that have make and caused much destruction in all aspects of life.

If there are saying that the death penalty is a violation of human rights, can we say is that corruption has destroy many lives and changing human being human fate worse and more bad is not a violation of human rights???

Some people say that death penalty for corruptors is avoid by our constitution ,but Busyro said the basis of the legal death penalty for corruptors exist in Article 2 paragraph (2) of the Corruption Act, which reads: In the case of corruption as referred to in paragraph (1) shall be conducted under certain circumstances, death penalty can be imposed.4 In the explanation of this verse stated: What is meant by "certain circumstances" in this provision is a condition that can be used as an excuse for criminal weighting perpetrators of corruption is if the the offense is committed against the funds intended for coping with the hazards, natural disasters nationwide, economic and monetary crisis response, and repetition of corruption. therefore I believe that the death penalty for corruptors is precisely because of another penalty are not create the deterrent effects on perpetrators of corruption in our beloved country.

I that’s all that I can tell, thankyou very much. VIVA JUSTICIA !!

4

Muqoddas, Busyro statement on viva news.com september 18th 2012

REFERENCES Selo Sumardjan in his preface to the book "Eradicate Corruption" by Robert Klitgaard, 1998.

Survey by transparency.org Amin Rahayu, in "History of Corruption in Indonesia". No mandate. 55, year XVIII, October 2004.

Viva news.com Google.com Wikipedia.com

WRITER’S PROFILE

NAME : ARIE SEPTI ZAHARA FACULTY OF LAW 2011– SRIWIJAYA UNIVERSITY * This essay is written for the 1st ALSA LC UNSRI Local & National Law Essay Competition. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content of this report, in whole or in part, save as hereinafter provided. You may download or copy one copy of the report you have purchased only for your own personal use for academic study purposes only, however, you may not submit this document under your own name for academic assessment.