Thief, Corruptor and Survivor

“KPK interrogates inactive East Kolaka regent Andy Merya as suspected disaster fund thief” reads the headline of an online media report.

There is something in the headline of this news article that arouses curiosity, with this particular media portal choosing the word “thief” rather than “corruption” in referring to the suspect under investigation by the Corruption Eradication Commission (KPK). Is this term appropriate? Why did the media choose the word “thief” over “corruption”?

On the other hand, the anticorruption agency has stated that a former corruption convict is “survivor” who can help in the anticorruption campaign.

It seems that this particular media's use of the word "thief" instead of "corruption" or "corruptor" is an expression of disappointment and anger towards the handling of corruption. Meanwhile, the use of "survivor" for corruption convicts seems to express "making peace" with corruptors.

Thief and corruptor

The word “thief” is defined in the Great Dictionary of the Indonesian Language (KBBI) as a person who takes someone else's property furtively. In criminal law, “thief” is defined as "whoever takes another person's property, in whole or in part, with the intent of unlawful possession".

Meanwhile, “corruption” is defined in the KBBI as the misappropriation or misuse of state assets (monies, companies, etc) for personal or others’ gain. In criminal law, “corruption” refers to an unlawful act to enrich oneself, other people or a corporation that causes financial loss to the state or harm to the national economy.

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There seems to be no distinction between theft and corruption. Both terms simply refer to unlawful acts of taking property that does not belong to the perpetrator. So what is the distinction between theft and corruption?

The typology is as follows. Theft is generally carried out by poor people who are pressed to meet economic needs and take a shortcut to make a living. Meanwhile, criminal acts of corruption only occur among those who exercise power (state apparatus) or have vested interests (institution) in the upper-middle economic class.

DIDIE SW

Didie SW

This means that perpetrators of corruption are generally those with healthy, not poor, economic wellbeing. A thief only takes other people's property within their physical means.

Unlike theft, acts of corruption can be committed beyond the perpetrator’s physical limitations because wealth is not limited to what they can carry. These include money in bags, bank transfers, luxury cars, corporate stocks, and other possessions masked by the pretext of a "grant" that can be siphoned through malicious collaboration. Sex is sometimes used to ease the perpetration of the crime. The power of a corruptor to steal is far beyond that of a thief.

A thief causes losses only to the victimized person or family, with the exception of the theft of an invaluable item of wealth. But such a case is hardly heard of.

A corruptor harms society and the state. The 32-hectare National Education, Training and Sports Center project in Hambalang, West Java, is one of the more notorious monuments. We have a long list of other corruption-targeted projects.

In November 2019, the East Java Police investigated alleged corruption in connection with the collapse of Gentong Elementary School in Pasuruan. What if casualties resulted of the alleged crime? It would have been beyond imagining the faces of innocent children suffering and dying as a result of the corrupt act.

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A thief is at risk of dying from mob justice or prison violence. A corruption suspect dying from mob justice or torture while in detention has never been heard of.

If they are not caught red-handed, a graft suspect will be summoned for questioning in an air-conditioned room and given meals. The suspect is treated politely and courteously, and is accompanied by a well-paid and well-known lawyer.

There is no chance for a thief to smile for a journalist's camera. Their faces are usually pale, and their suffering from mob violence can be heard through their smiling voice.

A graft suspect appears nicely attired in front of the press, indulges in smiling and making formulaic excuses: "All information has been submitted to investigators, just ask the investigators about the case."

They do not look remorseful or nervous. They seem to have prepared tricks to play for time so they can transfer the blame to someone else or cause their cases to be terminated.

DIDIE SW

Didie SW

Former thieves will endure social stigmas that restrict them from leading normal lives. They live like sinners, permanently recognizable from their facial scars. Unlike former thieves, former corruption convicts live in luxury, both inside and outside prison. Former corruptors (politicians) will easily make their way back into power.

There is a former election committee member who has become a legislator. Some legislators have switched their political party allegiance. A former corruption convict has become a commissioner of a state-owned enterprise (BUMN).

The corruptors have gadgets that are far more up-to-date than those made in developed countries. Albert Einstein once said, "Politics is more intricate than physics."

From the empirical perspective, a thief commits crimes against the lower-middle class, while a corruptor commits crimes against the upper-middle class. They are common in that they cause harm by stealing.

“Survivor”

Then what about the discourse over the use of the word "survivor" to refer to former graft convicts? In March, in front of the inmates of Sukamiskin Prison in Bandung, KPK deputy for education and community Wawan Wardiana called a corruption convict a “survivor”. His statement has since drawn reactions in the mass media.

The word “survivor” is derived from “survive”, which means “to have endured”. It comes from the Latin term super-vivere, which literally means “to live beyond one's means”. “To survive” means “to continue to live or exist in spite of danger or hardship”. This gives the impression of survivability.

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In general, “survivor” is a metamorphosis from “victim”, either of violence or natural disasters, as in the case of the Covid-19 pandemic today. Survivors are people who have endured an extraordinary experience but are able to live on.

A survivor is a victim. Many definitions of victim have been formulated in legal provisions. One of these is the Law on the Protection of Witnesses and Victims (PSK), which states that a victim is an individual who has suffered physical, mental, and/or economic losses as a result of a criminal act.

KOMPAS/SUPRIYANTO

Supriyanto

If we label corruption convicts as survivors, the question that arises is: What are the corruptors victims of? What have they suffered? If corruption convicts are victims who have survived, then who are the real culprits of corruption? What about in the case of the bridge that collapsed, the school that collapsed, and the marked-up Covid-19 social assistance? Who are the victims?

If corruption convicts are survivors, we should not punish them, but provide rehabilitation like for drug addicts. Could it be that we no longer need to use the phrase “corruption eradication” and instead replace it with “corruption rehabilitation”? Or is it necessary to create a rehabilitation institution for them?

Referring to the Witness and Victim Protection Law, victims of criminal acts are entitled to medical, psychological, and psychosocial treatment and rehabilitation. If corruption convicts are considered survivors and survivors are victims, then they would also be entitled to treatment and rehabilitation. Is this appropriate?

Calling corruptors “survivors” seems to turn a blind eye to the people’s suffering caused by their harmful action. This indicates that the understanding of the dangers of the corruption crisis has not been less than optimal, as can be seen from the various government policies and institutions that deal with it. In fact, corruption, in practice, threatens the sustainability of the country.

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> Law Enforcement Moral Problems

Punishment for corruption convicts does not create deterrence. Even some corruption cases sentence convicts to punishments that are equal to that given to the common thief.

The fine (maximum Rp 1 billion) is relatively low compared to the state losses and social costs of corruption. Corruption is handled like an ordinary crime.

On the other hand, some people still show their appreciation to former corruption convicts as long as they provide a lot of assistance, regardless where the money donated came from.

The sustainability of the nation can only be saved if we have a shared commitment in fighting corruption. If not, then are the countermeasures we take against corruption only some form of compulsion? Such an attitude must avoided, considering that the alternative of not eradicating corruption is the imminent emergence of corruption.

KOMPAS.COM

Edwin Partogi Pasaribu

In the end, if the terms “thief” or even “robber” were to replace “corruptor”, it would be semantically justified, because in practice, corruptors steal money from the people. This is also part of social punishment.

It is simply that judges must not consider using the term to lighten the sentence for corruption convicts under the pretext of bullying, as was the case in the verdict for former social affairs minister Juliari Batubara.

Edwin Partogi Pasaribu, Deputy Chairman, Witness and Victim Protection Agency (LPSK)

This article was translated by Musthofid.