When the formal law is powerless, social punishment, in the form of social exclusion, may need to be considered to counter abusive corrupt behavior.
By
KOMPAS EDITOR
·3 minutes read
The Supreme Court rejected a cassation request filed by the Corruption Eradication Commission (KPK) against defendant Samin Tan, who was subsequently set free.
Samin Tan was entangled in a gratification case with the deputy chair of the House of Representatives Commission VII, Eni Maulani Saragih. According to Kompas daily on Tuesday (14/6/2022), Rp 4 billion (US$271,456) in cash was involved. Eni was said to have received money from the directors of PT Borneo Lumbung Energi and Metal, Nenie Afwani and Indri Savatri Purnama Sari. The money was received through Tahta Maharaya as an expert at the House.
In the relevant court documents, the context of the Rp 4 billion was not clear, but they do show communication between Eni and Samin Tan. However, due to the unclear status of the Rp 4 billion (for what and for whom), Samin Tan was free. The Supreme Court's decision only strengthened the decision of the Corruption Court, which even constructed coal entrepreneurs as victims of extortion. The KPK must conduct a review.
Samin Tan's acquittal by the Corruption Court and strengthened by the Supreme Court only confirmed the findings of a number of survey institutions: that the trend of eradicating corruption in the country is on a downward trend. The latest survey from Charta Politica states that the trend of eradicating corruption is decreasing.
The declining trend of eradicating corruption in the country is also in line with the declining public trust in the KPK. The KPK, a product of the Reform era and an institution that was once respected, has been weakened. The KPK is grappling with the ethical issues of its commissioners. Public trust in the KPK is at its lowest – even lower than other law enforcement agencies such as the National Police and the Attorney General's Office. This situation is both alarming and worrying.
At the law enforcement level, the death of Supreme Court Justice Artidjo Alkostar created a vacuum for elites who have strong beliefs about the dangers of corruption. A figure such as Artidjo, a judge dead set against corruption, was indeed opposed by those who committed corruption, but it is very much needed in this country. The support of national leaders has also dimmed. Political power has meddled with the KPK and as a result, the latter has lost its authority. The anticorruption counterwave is on the way. Corrupt officials continue to be retained.
The downward trend in corruption eradication must be reversed. We need the strength of civil society and universities to remind us how dangerous corruption is as it can disrupt the credibility of the government. Even though the elite's commitment to eradicating corruption has weakened, small steps in the university world – which is committed to withdrawing the diplomas of graduates who are proven to be corrupt – can provide moral resistance to the indifference of the country's elites against corruption.
Even though the political constellation is no longer ideal for eradicating corruption, this nation, especially civil society, must not be tired of voicing the dangers of corruption, collusion and nepotism that are increasingly rampant. When the formal law is powerless, social punishment, in the form of social exclusion, may need to be considered to counter abusive corrupt behavior.