CORRUPTION AND INDONESIA

http://alsaindonesia.org/site/corruption-and-indonesia/
AUGUST 2012

Contributor: Pratiwi Beguna Halim - ALSA LC Universitas Sriwijaya

“Korupsi bukanlah tanda bahwa Negara kuat dan serakah. Korupsi adalah sebuah privatisasi–
tapi yang selingkuh. Kekuasaan sebagai amanat publik telah diperdagangkan sebagai milik
pribadi, dan akibatnya ia hanya merepotkan, tapi tanpa kewibawaan.”

― Goenawan Mohamad, Catatan Pinggir 7

Corruption is a product of the attitudes of the community groups that use money as a standard of
the truth and the absolute powers. As a result, the corruptor become rich and corrupt politicians
that surplus money can go into the ruling elite and highly respected. They will also occupy a high
social status in the eyes of society.
Corruption has been a long time, since the days of ancient Egypt, Babylon, and Rome through
the Middle Ages to the present. Corruption occurs in many countries, not least in developed
countries though. In the United States themselves, there are already so advanced corruption
practices. Conversely, in a primitive society where social bonds are very strong and effective
social control, corruption is relatively rare. But with the development of economic and political
sectors as well as the more advanced development efforts with the opening of the new natural
resources, the stronger urges the individuals, especially among employees for corruption and
fraud attempts. Corruption starts with the urgency of development efforts is desired, while the
slow bureaucratic relative process, so that any person or entity wanting a quick shortcut to
provide the rewards by giving kickbacks (bribes).
This practice will take place continuously throughout the lack of control of the government and
society, so that the resulting class of employees that include newly rich person who enrich
themselves (material ambitions). In order to achieve national development objectives, then
inevitably that corruption must be eradicated as it happened recently, which was sticking out
corruption in the community is how an honour governor of the Police Academy to be a suspect
in a corruption Sim’s simulator that is worth tens of billions of rupiahs, Djoko Susilo. A
fantastic figure to be distributed to the beggar who was tipped his hand to dozens of people to
survive. KPK investigators ensnare Djoko with second and third clauses of Law No. 31/1999 on
the Eradication of Corruption because of misuse of authority to enrich themselves.
How embarrassing! One word that might occur in our minds. How can an educated and
respectable person injure the trust. we need to look into another country, china, who did not
hesitate to reduce the number of corruption with the penalty kill such as poisonous snakes in
seconds turn off the joints. With the method of proof reversed, although looks complicated at the
beginning but the end of the result makes clucking. Does not the statue Number 31 / 1999 jo No.
20 of 2001 made clear that corruption is a criminal offense exceptional (extraordinary crime) so
that necessary actions are exceptional (extraordinary measures) ?
Of the things that examined backward. There is an idea of what kind of proof of corruption
corresponding inverse is Reversed Burden of Balanced Probability of Principles of Oliver
Stolpe. The essence of this theory emphasizes the balances between protection proportionately of
individual liberty on the one hand, and deprivation of the rights of the individual ownership of
his property that allegedly came from corruption on the other. In this context, the position of
human rights perpetrators placed in the highest using the theory of Highest Probability Principles
Balanced who continue to use System of Proof under the Act Negatively or by the principle
beyond reasonable doubt. Then at the same time on one particular side of the reverse burden of
proof can be carried out on assets used for corruption theory of Lower Probability of
Principles. In practice, the application of this theory in the criminal act of corruption have been
made by the Hong Kong High Court in a case between the Attorney General Of Hong Kong v
Lee Kwang Kut and the Case of the Attorney General of Hong Kong v Hui Kin Hong and the
Supreme Court of India. However, the ban means for establishing the reverse is only valid and
applicable in the case of criminal prosecution (including corruption), but does not apply in civil
or mechanisms for establishing of non-criminal proceeding. In this connection there is no ban on
to use of the mechanism of reversed burden of proof in cases of property derived from criminal
acts of corruption (assets from corruption).
The use of the mechanism of reversed burden of proof in the case of a person ownership of
property that allegedly came from the corruption or money laundering is intended to put a person
in its original state before the property in question has meant to which the question must be able
to prove the origin of the acquired assets. Now, it is up to the legislative policy to select to
choose the best way for us, Indonesia.

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