THE CORRUPTION ERADICATION STARTEGY BASED ON NON PENAL EFFORT STUDY AFTER THE LAW OF LAW NUMBER 19 OF 2019

THE CORRUPTION ERADICATION STARTEGY BASED ON NON PENAL EFFORT STUDY AFTER THE LAW OF LAW NUMBER 19 OF 2019

By

Prof. Dr. I Ketut Mertha S.H, M.Hum.

Like the poem "broken grow lost change", so can be likened to the phenomenon of corruption in Indonesia. Even though the KPK has carried out many Operations (OTT) Operations, it does not have a significant deterrent effect for potential perpetrators to realize their intention to commit acts of corruption. The success of the Corruption Eradication Commission (KPT) deserves a thumbs up, but it is not yet directly proportional to the public's expectation to reduce the level of corruption in Indonesia.

OTT actions by the KPK are repressive actions in eradicating and overcoming corruption. Corruption prevention strategies certainly do not rely solely on repressive measures alone. Other efforts are needed namely prevention or preventive action. The success of tackling corruption is not only measured by how much OTT is carried out, but also how much state money can be saved, and how far the corrupt culture can be prevented.

Strengthening prevention as a strategy to eradicate corruption can minimize the occurrence of criminal acts of corruption, an anti-corruption culture will be built up, the costs / costs of law enforcement can be reduced, and in turn will be able to increase public confidence and the international community towards law enforcement in Indonesia. This is also regulated and affirmed in Article 6 of Law Number 19 of 2019, which stipulates "the Corruption Eradication Commission has the duty to take preventative measures so that the crime of censorship does not occur". Article 7 determines "In carrying out the tasks referred to in Article 6, the Corruption Eradication Commission is authorized to carry out prevention efforts as follows:

1. Registering and inspecting the assets of state administrators;

2. receive reports and determine gratification status;

3. organize an anti-corruption campaign to the general public

4. organizing anti-corruption education programs at all levels of education

5. design and encourage the implementation of a socialization program to eradicate corruption;

6. Carry out bilateral and mulrilateral cooperation in eradicating corruption.

Various strategies to prevent corruption as mentioned above, has become a trend in the eradication of corruption in various countries lately, such as those conducted in Denmark, New Zealand, Hong Kong, China and others, including in Nigeria Africa. These countries develop prevention strategies in a systematic and planned manner through preventive, investigative and educative methods. Preventive approach, among others, is done by improving systems and procedures that are able to build organizational culture by developing the principles of desertity, transparency, acontability, responsibility, as well as being able to encourage each individual to report acts of corruption that occur. The educational approach is carried out by instilling honesty values ​​of integrity, hatred of corruption through instilling moral values. The purpose of eradicating corruption according to the UNCAC mentioned above, indicates that corruption prevention and enforcement is aimed at strengthening non-criminal aspects such as prevention, international cooperation to prevent and deal with corruption, as well as improving government integrity, accountability, and management.

Normatively, the legislators state that corruption is an extraordinary crime. This is emphasized in the Elucidation of the KPK Law, which states "an increase in criminal acts of uncontrolled Corruption will bring disaster not only to the life of the national economy but also to the life of the nation and the state in general. Extensive and systematic criminal acts are also violations of social rights and economic rights of the community, and therefore all Corruption Crimes can no longer be classified as ordinary crimes but instead have become "extraordinary crimes".

In line with the KPK pattern, the authors elaborate on several aspects related to Corruption prevention strategies as follows:

1. Strengthening Anti-Corruption Institutions

a. One way to eradicate corruption is to form an independent institution that specializes in dealing with corruption. In addition, Indonesia also has an Ombusdman Institution established under Law Number 23 of 2006 as amended by law Number 37 of 2008 concerning the Ombudsman Institution of the Republic of Indonesia.

b. Improving the performance of the judiciary both from the police, attorney, court, and correctional institutions in order to have a strong desire to eradicate corruption, not on the contrary many law enforcement officials are involved in various corruption cases.

c. The performance of audit institutions such as the Inspectorate General of the Regional Inspectorate, the Internal Supervisory Unit (SPI) and other embedded supervision must be improved. Strengthening the audit institution becomes relevant, because it is closer, and faster in its handling.

d. Bureaucratic reform and public service reform as a way to prevent corruption. One-stop public services integrated, online, need to be improved to prevent direct physical communication that has the potential for bribery.

e. Legislative institutions both at the Center and in the regions in order to really fight for the interests of the people, not vice versa for personal interests, groups, and collaborating with corporations.

2. Prevention of Corruption in the Public Sector

a. One of the efforts to prevent corruption as stipulated in Article 13 paragraph (1) of Law Number 30 of 2002, in conjunction with Law Number 19 of 2019 specifically Article 7 paragraph (1) letter a, which determines the obligation of state administrators to report on the assets of state officials the. This provision implies that the public can monitor the level of reasonableness in increasing the amount of wealth owned by state administrators, especially if there is an increase in the amount of wealth after finishing in office.

b. To minimize the potential for corruption, it is also important to conduct open bidding or bidding related to work contracts or procurement of goods in the central, regional, government.

3. Social Prevention and Community Empowerment.

a. Build a system that gives rights and facilities to the community, including the press, asking for all information relating to government policies that affect the lives of many people.

b. Increasing public awareness and concern about the dangers of corruption. For example, the Corruption Eradication Commission (KPK) collaboration with various tertiary institutions has created anti-corruption education modules for elementary schools and secondary schools, so that they are aware of the dangers of corruption early on.

c. Articles that criminalize someone who reports corruption, such as articles about libel or defamation, need to be reviewed and should be amended or eliminated.

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