3rd Winner ALSA Local Law Essay Competition 2013

ALSA LC UNSRI LAW ESSAY COMPETITION DEATH PENALTY FOR CORRUPTORS “The Repeal of the Right to the Right’s Extractors”

NAMA : MONA MEILINDA FAKULTAS : HUKUM UNIVERSITAS : SRIWIJAYA

The Repeal of the Right to the Right’s Extractors The more the world develops the more human being‟s need increases. As the time goes by, daily needs and greed become directly proportional to the human being‟s desire. Because of the greed, the income that is actually more than enough become less deeply and it doesn‟t mean anything or Salaries and wages are very low compared to prevailing standard of living. Because of selfishness, corrupt people turn a blind eye to the suffering that their corruption inflicts on others, and they justify bribery simply because they benefit from it. The more material benefits they amass, the greedier those practicers of corruption become.

Corruption also can be caused by government intervention: corruption is likely to occur where the government puts restrictions and intervenes when there is an excess profit. Those thing make corruption used as the one and only way to satisfy and prosper someone rapidly. Based on the article 2 of Constitution no.

31/1999 about corruption which has been converted to the contitution no.

20/2001, corruption is an action against the law to enrich onesefl or others that it‟s detrimental to finance or econimy of the country directly or inderictly, the dded‟s seen as contrary one to the values of social justice. Virtually corruption is a violation of the law but it is starting becoming a habit of Indonesian people. By corrupting people don‟t need to attemp to work hard in fulfilling their needs.

Corruption causes a country is getting crushed and derailed. corruption remains a serious problem and overall, progress has been slow.1 One reason for the moderate pace of reform on corruption issues is the deeply embedded institutional culture of patronage.

Often, acts of bribery or corruption are not viewed by

Indonesian authorities as corrupt practices. Increasing the training and knowledge of the types of activities that constitute corruption is therefore key in changing these attitudes. Patronage refers to favoring supporters, for example with government employment. This may be legitimate, as when a newly elected government changes the top officials in the administration in order to effectively implement its policy. It can be seen as corruption if this means that incompetent

1

Wikipedia, “Political Corruption”, http://en.wikipedia.org/wiki/Political_corruption, accessed on 18th of October 2013.

persons, as a payment for supporting the regime, are selected before more able ones. In nondemocracies many government officials are often selected for loyalty rather than ability. It is highly ironic when corruption was committed by state officials who were supposed to represent the voices of society to live in prosperity. the institutions responsible for upholding accountability must be strengthened. Five key institutions dominate the accountability-monitoring landscape in Indonesia: the General Election Commission, which helps the people choose their representatives in the national and regional governments and parliaments; Bank Indonesia, Indonesia‟s central bank, which guards the country‟s financial health, the Supreme Audit Agency, the Supreme Court, and the Constitutional Court. They wouldn‟t bear giving responsibility and trust by the country.2 Corruption is a serious impediment to Indonesia's development and combating corruption has been a major priority of the reform era. There are two key areas in the public sector in which corruption in Indonesia can be found.

These are the justice and civil service sectors. While hard data on corruption is difficult to collect, corruption in Indonesia is clearly seen through public opinion, collated through surveys as well as observation of how each system runs. Corruption within the justice sector is seen by its ineffectiveness to enforce laws, failure to uphold justice, hence undermining the rule of law. The areas of corruption within this sector include the police and the courts. In the 2008 Public Sector Integrity Survey, the Supreme Court ranked the lowest in integrity in comparison to the other public services in Indonesia. The courts were viewed to make decisions unfairly and have high unofficial costs.

No country with such a high degree of corruption has been able to become truly prosperous, democratic and equitable. This is because an enormous amount of funding is accumulated by corrupt officials, instead of being invested in sectors of the economy which could aid Indonesia‟s development, such as health and education. Can anything be done about corruption? The short answer is yes.

Around the world, you find cities and towns, ministries and agencies, and

2

Gelen, Yahoo, “Causes of Corruption”, http://answers.yahoo.com/question/index?qid=20081125231317AA20SrX, Accessed on 19th oh October 2013.

countries making progress in the fight against corruption. Not everywhere, to be sure, and even with the success stories progress is not overnight. It‟s never complete, and “recorruption” is always a threat.

Indonesia has had an unenviable history of endemic corruption for many years. However, since 1998, the Indonesian government has moved to combat and target corruption. Challenges still arise in Asian countries where different laws are sought to be applied. Politics and business are still very much based on „personal relationships‟. Favours and benefits are mutually shared by those with power and influence across society. With the active support of the Indonesian government, regulators, investigators, prosecutors and private lawyers and business executives, this conference will promote the importance of combating corruption in all forms to benefit society generally. Corruption is always there among us, in a lower scale or in a greater scale. it is simply any circumstance, case, event, or situation that are taken advantage of by doer of the fault. In these last eight years the country‟s losses increase although the number of cases of corruption tend to be fixed on each year in Indonesia. Indonesia suffered losses almost four trillion rupiah between 2004-2011. The irony is the main targets for corrupting are on the education sector, those are special allocation fund and the operational assistance of the school. Whereas these fund could have been used to build and repair buildings, infrastructures and facilities of the school. Corruption is pervasive in the Indonesian education system. For instance, last month the Supreme Auditing Board found approximately AUD $161.5 million in accounting irregularities in the Ministry of Education‟s financial reporting for 2011. This is a fraction of the total 2011 education budget of almost AUD $27 billion. 3 An official from Indonesian Corruption Watch estimated that a great deal of the education budget is lost to corruption before it reaches schools. Corruption then continues within schools, where students, parents, school administrators and teachers are drawn into in a vicious cycle of bribery, embezzlement and extortion. By using money as much as that Indonesia could finance sixty eight elementary school students for free for a year fully. Not to mention on sociological sector, Corruption crosses all 3

Development Policy Centre, “Educating Against Corruption”, http://devpolicy.org/educatingagainst-corruption20120904/, Accessed on 22nd of October 2013.

social sectors: It cannot be attributed only to those who work in the economic sector or only to public officials; nor is civil society exempt. Corruption is a phenomenon that involves both individual states and international organizations.

It noted that the issue of widespread corruption needs to be addressed as its price is paid by using monies intended for the legitimate use of society. 4 Indonesia suffered losses as much as two hundred ninety nine billion rupiah. Let‟s imagine how many jobs can be created by the amount of those money? With those jobs could reduce the number of unemployment and it can improve the welfare of the Indonesian people. How could this thing happen? The answer obviously is because there is not strict sanction to enforce the corruptors. The imposed sanction do not give deterrent effect on the corruptors. This becomes a complex problem in Indonesia because it does affect condition in some aspects which are being worse and worse. Corruption destroys lives and communities, and undermines countries and institutions. Knowing this, there should be a step made to solve this problem. One of some solutions offered by Indonesian is the death penalty. It is the most appropriate punishment to eradicate corruption which happens frequently in Indonesia.

Imposing the death penalty will be able to be ascertained declining the number of corruption and the most inportantly is indonesia can fracture the regeneration of corruptors. But the death penalty is considared ciolating human rights listed in article 28I verse 1 of constitution 1945 which contains the right to life can not be reduced in any circumtances. 5 However it is fair to repeal the corruptors‟ right to live, because they have been slashed and deprired society‟s right gradually. The state officer and house of representative have duty to serve the people and this country. And they know well that their job is to make the people become prosperous. Then, when they cheat, take profit for themselves and make the country loss or corruption, it means that they break their duty to give good serve for people. Death penalty for corruptor gives good effects for the political and social in this country. It makes the state officer to stay away from 4

PBS Newshour, “Corruption Challenges Indonesia’s Government”, http://www.pbs.org/newshour/updates/world/jan-june11/indonesia_05-26.html, ACCESSED ON 22th of October 2013.

5 The Constitution of 1945

corruption, then, society will be more believable to them. the policy to give death penalty for corruptor is good step to protect the next corruptors appear, in other word the corruptors become chary or deterrent or not corrupt again and the others will be afraid to corrupt. Death penalty is as deterrent effect.There should be millions of Indonesian children could be educated so, there will be qualifed human resources to support the life of nation in the future. There sould be hundreds of jobs to reduce unemployment and poverty in Indonesia. Many children have died in the face of hunger and destitution. 6 Whereas their right have been deprived by corruptors who do not have the sense of compassion to vent their greed, the state officials are supposed to protect and prosper society instead of abusing thier power. From what they have done, the death penalty will be the most appropriate one for them. That policy also remains the government to serve people correctly. Because of many good effects for our country. society will admit the existence and commitment of the government to serve totally to the people to create the prosperity for people. Death penalty is fresh air for people where they know well that corruptors get punishment heavily. People are sure that action can decrease the amount of corruptors then become clean from corruptors. It shows that government can work well. Moreover, the clean government can create the stable society where the people believe toward the government, especially president who is voted directly by the people. At last, the expectation of the people will come true to get proper and prosperous life in their own country. applying death penalty for corruptor will lose the corruption activities so the society will be proud that Indonesia becomes the clean country or no corruption action from the grass root until chief of the country.Death penalty makes the income of the country increase because of nothing for corruptors. Then, the money uses for serving people better.Without applying the death penalty there will not be the truth eradication of corruption. There will be always chances to escaoe from another punishment. In some cases, the state officials who committed corruption got preferential treatmentin poison, such as electronic equipment, householg appliances, slot for the door that should be allowed in the rules of the 6

Ifan Rikhza, Kompasiania, “The Corruptor must get death penalty�, http://hukum.kompasiana.com/2012/02/02/the-corruptor-must-get-death-penalty-435915.html, Accessed on 25th of October 2013.

correctional facility. Law enforcement needs to have courage to impose the death penalty for the corruptors. So, how long we shall accept the deterioration of greed that caused be corruptors. The firmness of law enforcement is indispensable. Take a look at china that enforces the death penalty for the corruptors. It is succesful to reduce corruption in China. 7 In addition this communist country is capable of angendering the future leaders who dare to take action against the corruptors.

Whereas before the application of the death penalty, China was one of the countries with higest level of corruption. Actually there have been the rule regarding application of death penalty for convicted person of corruption and bribery in criminal acts of corruption which stating the death penalty can be appliedin certain circumtances, but will it be?. Corruption has already occurred for years and the amount of corruption cases in Indonesia has been increasing day by day. This condition happens because there is no an audacious step to fight against it. Without any serious attempt, corruption in Indonesia will definitely be rampant.

Therefore, the death penalty for corruptors should be applied in order to stop the growth of corruptors in Indonesia and make people believe in the government. As long as there is not courage to crack down on corruption, there will never be true welfare of Indonesian People.

7

Jakarta Post, “Death Penalty for cirruptors�, http://www.thejakartapost.com/news/2008/08/09/death-penalty-corruptors.html, Accessed on 28th of October 2013.

BIBLIOGRAPHY Wikipedia.

“Political Corruption”.

18th of http://en.wikipedia.org/wiki/Political_corruption.

Gelen.

October

2013.

Yahoo. “Causes of Corruption”. 19th of October 2013. http://answers.yahoo.com/question/index?qid=20081125231317AA20SrX.

Development Policy Centre. “Educating Against Corruption”. 22nd of October 2013. http://devpolicy.org/educating-against-corruption20120904/.

PBS Newshour. “Corruption Challenges Indonesia‟s Government”. 22th of October 2013. http://www.pbs.org/newshour/updates/world/janjune11/indonesia_05-26.html.

The Contitution of 1945. 24th of October 2013.

Rikhza, Ifan. Kompasiania. “The Corruptor must get death penalty”. 25th of October 2013. http://hukum.kompasiana.com/2012/02/02/the-corruptormust-get-death-penalty-435915.html.

Jakarta Post. “Death Penalty for cirruptors”. 28th of October 2013. http://www.thejakartapost.com/news/2008/08/09/death-penaltycorruptors.html.

* 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.