Selasa, 23 Agustus 2016

CORRUPTION MORE DANGEROUS THAN TERRORISM

CORRUPTION MORE DANGEROUS THAN TERRORISM
H. SANTHOS WACHJOE P, SH.MH


PRELIMINARY
A title that may be EXTREME for the nations of the world, especially for the Indonesian people, who for more than 11 (eleven) years confined to the terrorism problem. Thus the title of course will trigger a lot of disagreements between us all, because after all the tangible terrorism has claimed many lives, whether it is from an Indonesian citizen (citizen) as well as foreign citizens (WNA). It does not count anyway how many injuries were either minor injuries or seriously wounded permanent, not to mention the victims of psychological, moral suffering inflicted TERRORISM stomping us all.
Awareness of terrorism, making us act swiftly and quickly by forming Detachment 88, which has a myriad AUTHORITY, even to KILL, even in the absence of Court Decision. The authority that is what also makes FEAR some circles, because it is not likely to give rise to distortions in its implementation.
Different things we see in eradicating CORRUPTION, in which we see every day not grow less, but even more menggurita in every order of social life. Even in the news in the electronic media and online media, increasingly exposed clearly exploits the perpetrators of Corruption.
Various ways of doing CORRUPTION shown clearly on every news about Corruption, Crime and its derivative, the Money Laundering Act. So that we can see clearly the behavior of the Corruption of various groups, both the bureaucrats, state officials or private citizens. It thus is supposed raises awareness for all of us to continue to do COMBATING CORRUPTION so wholeheartedly and will not cause any harm to the people of Indonesia and to foster a sense of pride for masyrarakat Indonesia because it has successfully completed the eradication of corruption in Indonesia.

CORRUPTION IS THAT?
In up an KPK in his book UNDERSTANDING FOR eradicate, Handbook for Understanding Corruption, Published by the Corruption Eradication Commission, 2006, on page 15 states that "According to the legal perspective, the definition of corruption has been vividly described in 13 pieces Article in Law No. 31 of 1999 jo. Act No. 20 of 2001. Under these provisions, corruption formulated into 30 (thirty) forms / types of corruption. "The thirty types CORRUPTION basically can be grouped into several, namely:
1. State Financial Losses;
2. Bribery bribe;
3. Embezzlement in position;
4. Extortion;
5. Deception;
6. Conflicts of interest in procurement;
7. Gratuities;
Literally corruption is something rotten, evil and destructive, when talking about corruption will indeed find reality such as corruption involves aspects of morality, the nature of the foul, office for administration, economic and political factors, sera placement ancestry or class into official under kekusaan position.
Prof.DR.H.Baharuddin Lopa, SH, in his book Law Penberantasan Corruption (Law No. 3 of 1971) The following discussion and Its Application in Practice, states that, according to the U.S. Hornby, said that Corruption (Corruption) is, "The offering and accepting of bribes (supply / giving and receiving of gifts in the form of bribes)".
While David M. Chelmer, outlining CORRUPTION, in many of the areas stated as follows: "Financial manipulations and decisions Injurious to the economy are Often corrupt (manipulations and decisions concerning the financial harm to the economy is often categorized as acts of corruption)".
Djoko Prakoso, SH, said that the term CORRUPTION first became legal terms there greeting Military Authorities Regulation No. PRT / PM / 06/1957 on Corruption Eradication, which in konsiderannya said, "That since the lack of fluency in efforts to combat acts detrimental to the financial and economic state by hordes known as corruption, need to immediately establish a working arrangement for can break through bottlenecks in business corruption. "
Of notions as mentioned above, it can be regarded as an act CORRUPTION, is that if such actions cause harm FINANCIAL and ECONOMIC STATE.

CORRUPTION AND FINANCIAL STATE
In Article 2 of Law No. 31 of 1999 as amended by Act No. 20 of 2001, the notion of Corruption has been included in Article 2 and Article 3. Article 2 states:
 (1) Any person who acts unlawfully enrich themselves or others that a corporation that can be detrimental to the state finance or economy of the state, shall be punished with imprisonment for life or imprisonment for a minimum of 4 (four) years and a maximum of 20 ( twenty) years and a fine of at least Rp. 200.000.000.00 (two hundred million rupiah) and Rp. 1,000,000,000.00 (one billion rupiah).
(2) In the case of corruption as referred to in paragraph (1) shall be done in certain circumstances the death penalty can be imposed.
The provisions of Article 2 of Law No. 31 of 1999 as amended by Act No. 20 of 2001, mentions FINANCIAL STATE, and what is meant by the FINANCIAL STATE?
Article 1 paragraph 1 of Law No. 17 Year 2003 on State Finance states, "State Finance are all the rights and responsibilities which can be measured by money, and everything in cash or in kind which could be used as state property in connection with the exercise and these obligations. "in explanation of Act No. 17 of 2003 states that," the weakness of legislation in the field of state finances to be one of the causes of some forms of irregularities in the management of state finances. In an effort to eliminate such deviations and realize the system fiscal management of sustainable (sustainable) in accordance with the basic rules provided for in the Constitution and the general principles that apply universally in the administration of state government needed a law governing public finance management . "
From the explanation of Law No. 17 of 2003 is, it was revealed that the Government has recognized that in the management of regional finances often lead to other forms of irregularities, so necessary to have a device capable of legislation which set more stringent regarding the designation of the State Finance ini.Segala form the misuse of the State Treasury will result in the emergence of the State Financial DAMAGES, so that it will cause CORRUPTION.
In 1967 with the release of Military Authorities Regulation No. PRT / PM / 06/1957 on Corruption Eradication, has proven that indeed the Government has had a strong commitment in the SAVE THE FINANCIAL STATE. No doubt that the deviant behavior towards the use of the State Treasury has existed since the time of independence, but with the development of technology, so that now the community is getting to know the ways actors CORRUPTION act.
COMBATING CORRUPTION IN THE PAST
I. djuanda cabinet
In the Old Order, recorded twice formed bodies fighting corruption. The first, with the Law of the State of Emergency, the agency called Retooling of Administrative Committee (Paran). The agency is led by A.H. Nasution and assisted by two members, namely, Professor M. Yamin and Ruslan Abdulgani. To Paran is all officers must submit data on the official form in the form fields provided. Predictably, the model of resistance corrupt officials at the time was reacts violently with juridical pretext that the doctrine directly accountable to the President, the form was not submitted to Paran, but directly to the President. Imbued with political turmoil, Paran ended tragically, deadlock, and finally handed back to the Cabinet Juanda execution of his duty.
II. operation Budhi
In 1963, through Presidential Decree No. 275 In 1963, the government appointed again A.H. Nasution, who was then serving as Coordinating Minister for Defense and Security / Kasab, assisted by Wiryono Prodjodikusumo with a new body known as Operation Budhi. This time with a harder task, namely the perpetrators of corruption to court with the main goal of the state enterprises and institutions of other countries that are considered prone to corruption and collusion.
Again, for political reasons led to stagnation, as Director of Pertamina duty overseas and the other directors refused because there is no assignment letter from your employer, a barrier effectiveness of this institution. This operation also ended, although managed to save state finances approximately Rp 11 billion. Budhi operation is terminated with the announcement of its dissolution by Soebandrio, later changed to the Supreme Command of the Revolution Apparatus Retooling (Kontrar) by President Soekarno was chairman and assisted by Soebandrio and Lt. Gen. Ahmad Yani. Bohari in 2001 noted that along with the birth of this institution, the eradication of corruption in the Order Lamapun back into the slow lane, and even jammed.
SUBJECT corruption offense ARE PEOPLE AND CORPORATE
 Military Authorities in Regulation No. PRT / PM / 06/1957 on Corruption Eradication, stated that the so-called CORRUPTION, if:
a. Every act committed by anyone, either for themselves or the interests of others, or on behalf of an entity that directly or indirectly lead to financial losses for the economy of the state;
b. Every act committed by an official who received salary or wages of state or regional treasury or from an agency or area to capitalize or authority or power given to him by the office, directly or indirectly carry financial or material gain for him;
From the foregoing, it can be concluded that the initial setting of the Corruption, which became SUBJECT only PEOPLE, CORPORATE whereas there is no regulation. Then in 1960 keluarlaah Act No. 24 Prp of 1960 on Investigation, Prosecution and Investigation of Corruption. This was confirmed by the release of Presidential Decree No. 228 of 1967 it is the form of the Corruption Eradication Team (TPK) tasked to assist the government in combating corruption act as quickly as possible and setertib-martinet. This team has the task:
1. Conduct research and assessment of the policies and the results that have been achieved in the fight against corruption;
2. Provide advice to the Government on policy is still needed in the fight against corruption;
In its development, issued Law No. 3 of 1971 on Pemberantasa Corruption, which it followed the general criminal law (Criminal Code) which stipulates in Article 59, as follows:
"In matters of punishment prescribed for a violation of the Board, a Member of the Management Board or the Commissioner, no penalties imposed on the Board or the Commissioner if it turns out that he is interfering in violation of it."
So from these provisions, it can be concluded, that in Act No. 3 of 1971, in addition to PEOPLE, the Corporations, also can be sentenced if convicted of Corruption. Article 1 (1) sub d of Law Number 3 of 1971 states:
"Whoever gives a gift or promises to Servants as referred to in Article 2 by remembering something or something power authority inherent to the office or position by the giver of gifts or promises is inherent to the position or that position."
Furthermore, in Article 1 paragraph (1) sub a and b of Law No. 3 of 1971 there were ELEMENTS DIRECT or INDIRECT financial harm the State and / or the State's economy, it is meaningful bahwaa in STRICT LIABILITY (ELEMENTS LIVE) is a concept which does not require proof of any intentional and negligent offenses maker, which according AZ Abidin, said there are three reasons accepted STRICT LIABILITY, namely:
a. Essential to ensure that the laws are of particular importance for the welfare of the community must be obeyed;
b. Proof MENS REA (inner attitude of the creator) against similar offenses are very difficult;
c. A high level of "social danger" can justify the interpretation of an offense concerning STRICT LIABILITY;
In Act No. 3 of 1971 called the "BOARD" or "LEGAL ENTITY", but ENTITY or ENTITY here is not as RESPONSIBLE CRIMINAL but rather as a "Party enriched or benefited from the offense Corruption (in accordance with Article 1 paragraph (1) sub a and b of Law # 3 of 1971), while in Act No. 31 of 1999 and Act No. 20 of 2001, making CORPORATE as SUBJECT offense.
Article 1 sub 1 of Law No. 31 of 1997 jo. Law No. 20 of 2001 gives the meaning of the corporation as follows:
"The crowd of people and or properties either a legal entity or non-legal entity."
From these descriptions, it can be concluded that in fact the government has issued regulations that have been set up comprehensively on Corruption. All the things that allow the use of the State financial irregularities that could cause CORRUPTION, should already be prevented before the criminal act was committed both by individuals and by corporations;
KPK, INSTITUTIONS SUPER POWER
In 2000, we all started stunned by the fact that it was real so many irregularities that led to their use of budgets STATE FINANCIAL LOSSES. It is inseparable from the Reform Movement, spearheaded by students.
The reform, brought many positive changes, which are formed of Law No. 28 of 1999 on the Implementation of the Clean and Free State KKN (corruption, collusion and nepotism). To realize the organizers of the State Apparatus Clean and Free of corruption that, and then formed GOVERNMENT REGULATION No. 19 Year 2000 on the Joint Team on Corruption Eradication.
Since 2003, for more mengintentifkan efforts to eradicate corruption in Indonesia, which then formed the New Organization COMBATING CORRUPTION COMMISSION, pursuant to Act No. 30 of 2002 on the Corruption Eradication Commission. The Corruption Eradication Commission (KPK) has the following tasks:
1. Coordinate with institutions authorized to eradicate corruption;
2. Supervision of the institutions authorized to eradicate corruption;
3. Conduct investigation, investigation, and prosecution of criminal acts of corruption;
4. measures to prevent corruption; and
5. To monitor the implementation of state government.
Whereas in implementing the tasks of coordination, the KPK is authorized to:
1. Coordinate investigation, investigation, and prosecution of criminal acts of corruption;
2. Establish a reporting system in the activities of combating corruption;
3. Ask for information about the activities of the eradication of corruption to the relevant institutions;
4. Conducting hearings or meetings with institutions authorized to eradicate corruption; and
5. Request a report related agencies regarding the prevention of corruption.
With such great authority, making the Corruption Eradication Commission (KPK) into INSTITUTE SUPER POWER, which can break through all sorts of "BARRIER" in the Corruption Eradication efforts in Indonesia. Nevertheless, the Corruption Eradication Commission has fixed CODE in the execution of their duties. The Code aims to:
1. Maintain the dignity, honor, image and credibility of the Commission;
2. Avoid any conflicts of interest Employees of the Commission;
3. Realizing Indonesia Free from Corruption;
4. As a mover Changes to realize the nation's Anti-Corruption;
CORRUPTION IN CONJUNCTION WITH THE ENEMY
With the establishment of the Corruption Eradication Commission, it has no intention of the Indonesian people to the Corruption Eradication. However, there must be a common understanding of all elements of the Indonesian nation, that is the ENEMY IN CONJUNCTION WITH CORRUPTION.
It is inevitable, that activity can TERRORISM "KILL" hundreds or even thousands of people, but CORRUPTION menggurita, which hit all aspects of life, can destroy the civilization of a nation in the world. Conceivably, if half of the Treasury Budget and Expenditure (APBN) which should be absorbed to the construction but later evaporated due CORRUPTION, it could destroy the country's economy and lead to a disconnection of the development of our country.
It is time we all join hands to remind each other, mutual preventing Corruption in the environment of our lives. Not impossible, corruption arises from the behavior we were not disciplined in the use of time, then be disciplined in work and so forth.
No matter how the Corruption Eradication Commission (KPK), but if ourselves do not prevent corruption, then do not expect much of our State will be free from disease Corruption. Prof Satjipto Rahadjo said that, "The development and modernization can be incorporated into a group sense, ie as a form of activity that is done on purpose to bring the people to the changes planned or desired." From the opinion of Prof. The Rahadjo Satjipto, we can conclude that our own as a driver of development and modernization, so that the continuity and sustainability of development is the duty and our collective responsibility, including the actions that could impede the development itself, like Corruption.
CONCLUSION
Of exposure as mentioned above, it can take some conclusions as follows:
1. Corruption has existed since the founding of this Republic, and has become a common enemy for the people of Indonesia;
2. All forms of legislation or the new Anti-Corruption merely as a tool and a means to prevent and combat Corruption;
3. We all have a shared responsibility to prevent acts Pidan Corruption and had it been going on Corruption, then our task is also to conduct eradication.
4. Development of our country should not be hampered by the existence of corruption, because it harulah Corruption became common enemy for the nation of Indonesia.

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