If the government is serious about eradicating corruption, it is necessary to apply penalties that can have a deterrent effect, making corruptors give up and prospective corruptors think long before committing corruption
By
Azyumardi Azra
·3 minutes read
SALOMO TOBING
Azyumardi Azra
”Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain.” (Rigoberta Menchu, Nobel Peace Prize laureate 1992)
“Corruption Is No Longer an Extraordinary Crime.” The headline of Kompas (8/9/2022, page 2) is really heartbreaking. Pain is felt when reading its substance. There were 23 corruptors who received parole from the Law and Human Rights Ministry. The decision of the Law and Human Rights Ministry emphasizes that corruption is no longer an extraordinary crime.
The parole for corruptors, which includes the "big class", complements the softening of the eradication of corruption in the country in the last several years. In addition, there is also widespread giving of "discounts" for the punishment of many corruptors. Until the beginning of March 2022, no less than 17 corruptors belonging to the "heavy class" received a discount from the Supreme Court. The reduced sentences for the 17 corruption convicts totaled 50 years and 6 months in prison.
This bitter reality complements the weakening of corruption eradication shown by state institutions. The weakening initially increased with the amendment of Law Number 30 of 2002 on the Corruption Eradication Commission (KPK) to Law No. 19/2019 on the Second Amendment to Law No. 30/2022 on the KPK. The new KPK Law places the KPK as part of the executive family; there is also the stripping of certain special rights of the KPK to conduct investigations and examinations of criminal acts of corruption. Then, there is the process of selecting the commissioners of the KPK, which is not too concerned with the credibility of the candidates.
The result is a decline in the movement to eradicate corruption. According to Katadata (22/5/2022), there has been a significant decline in corruption cases in the last four years. The (old) KPK handled 168 cases in 2018 -- higher than in previous years -- and 119 in 2019. There was a significant decline in the era of the new KPK (inaugurated on 20 December 2019) which only handled 56 cases; 111 in 2020; and 101 cases in 2021. There is no complete data yet for 2022.
Facing these disappointing phenomena -- to borrow Menchu's statement above -- it can be said that there are no more strong watchdog institutions to fight corruption in many public bureaucratic institutions. The remaining voices of watchdog institutions and other members of the community -- apparently unheard of by those responsible for it -- suggest that there are various levels of impunity in corruption.
The government should show political will to maintain corruption as an extraordinary crime. Moreover, Indonesia follows the International Convention (ICC), which was adopted as the United Nations Convention Against Corruption (UNCAC, 2003/2005). Indonesia has participated in UNCAC since 2006. Then-UN secretary-general, Kofi Annan, stated, “Corruption is a hidden epidemic with a broad corrosive impact on society. Corruption undermines democracy and the rule of law; leads to human rights violations; disrupts markets and the economy; deteriorates quality of life; and fosters the growth of organized criminal groups.”
In fact, if the government is serious about eradicating corruption, it is still necessary to apply penalties that can have a deterrent effect, making corruptors give up and prospective corruptors think long before committing corruption.
AZYUMARDI AZRA, History Professor at Syarif Hidayatullah State Islamic University (UIN Jakarta); Member of the Cultural Commission of the Indonesian Academy of Sciences (AIPI)
