Anti-Corruption Legal Culture Education

Anti-Corruption Legal Culture Education[1]

By Erwin Ubwarin[2]

A.    Introduction

                 Indonesia is one of the big countries in the world that will get a demographic bonus in the 100th anniversary of the country's founding, in 2013 the population of Indonesia was 249,9 million people according to World Bank data in 2014 and according to the Central Statistics Agency 248,8 million people, it is predicted that Indonesia in 2045 will have a productive age of 48.7% of the Indonesian population. The productive age is from 15-64 years old[3], this is the potential for quality and integrated human resources which is a potential source for Indonesia's development.

                 Data on the handling of Corruption Crimes in Indonesia by the Corruption Eradication Commission (KPK) that have been executed is 300 cases,[4] With such a large demographic bonus, Indonesia must prepare human resources that are free from corruption, collusion and nepotism. The prevention of criminal acts of corruption is carried out not only in the form of repression but also prevention. Preventive measures such as in the form of anti-corruption legal culture education can prevent potential perpetrators of criminal acts of corruption, thus reducing the number of criminal acts of corruption which continues to increase.

B.     Non-Penal Efforts in Crime Prevention Policy

                 Crime prevention policies, or what are commonly known as criminal policies, according to GP Hoefnagels, crime prevention efforts can be achieved by:[5]

a.       Implementation of criminal law (criminal law application);

b.      Prevention without punishment (prevention without punishment);

c.       Influencing public views on crime and through mass media (influencing views of society on crime and punishment/mass media).

                 Thus, crime prevention efforts can be broadly divided into two: through "penal" channels (Criminal Law) and "non-penal" channels (not/outside of Criminal Law). In GP Hoefnagels' division above, the efforts mentioned in points (b) and (c) can be included in the "non-penal" group.

                 Crime prevention using the penal route places more emphasis on "actions" repressive" (oppression/eradication/suppression) after the crime occurs, while the non-penal path emphasizes "preventive action" (Prevention/Deterrence/Control) before the crime occurs.[6]

                 Considering that crime prevention efforts through "non-penal" channels are more of a preventative measure, the primary objective is to address the factors conducive to crime. These conducive factors, among other things, focus on social problems or conditions that can directly or indirectly give rise to or foster crime. Therefore, from a macro and global criminal policy perspective, non-penal efforts occupy a key and strategic position within the overall criminal policy effort. This key strategic position in addressing the causes and conditions that give rise to crime has also been emphasized in various UN congresses regarding "The Prevention of Crime and Treatment of Offenders" as follows :

a.       At the 6th UN Congress in 1980 in Caracas, Venezuela was stated, among other things, in the consideration of the resolution regarding "Crime tendencies and crime prevention strategies”.[7]

b.      That the problem of crime hinders progress towards achieving a decent quality of living environment

c.       That crime prevention strategies must be based on eliminating the causes and conditions that give rise to crime.

d.      That the main causes of crime in many countries are social inequality, racial and national discrimination, low living standards, unemployment and ignorance among the population.

After considering the above matters, the resolution stated among other things:
“calls on all members of the United Nations to take action within their power to eliminate conditions of life which degrade human dignity and give rise to evil, including unemployment, poverty, ignorance, racial and national discrimination and various forms of social inequality.

In the view of several scholars, efforts to combat crime through penal measures are not yet optimal and non-penal measures must also be taken, including:

a.       Schultz stated that the rise and fall of crime in a country is not related to changes in its laws or trends in court decisions, but is related to the working or functioning of major cultural changes in the life of society.[8]

b.      Johannes Andenaes stated that the operation of criminal law must always be viewed within its entire cultural context. There is a mutual influence between the law and other factors that shape our attitudes and actions.[9]

c.       R. Hood and R. Sparks argue aspects of “general prevention”, like "reinforcing social values”, "strengthening the common conscience”, "alleviating fear”, from “providing a sense of communal security” difficult to research.[10]

d.      Karl O. Christiansen, when discussing several considerations regarding the possibility of a rational criminal policy, stated, among other things:[11]

“The impact of crime on the wider community is very difficult to measure. That impact (meaning influence in the sense of "general prevention”, ed.) consists of a number of different and closely related forms of action and reaction, which are called by various names, for example prevention (deterrence), general prevention (general prevention), re-strengthen moral values ​​(reinforcement of moral values), strengthening collective consciousness (strengthening the collective coledaroty), reaffirm/strengthen the sense of security of the community (reaffirmation of the public feeling of security), reduce or alleviate fear (alliviation of fears), releasing aggressive tensions (release of aggressive tensions), etc."

Specifically regarding the influence of imprisonment, he stated that we know its influence.

From the opinion above, it was found that penal facilities are not sufficient in dealing with crime, therefore it is necessary to continue to explore, utilize and develop non-penal efforts to compensate for the shortcomings and limitations of penal facilities.

D.    Anti-Corruption Legal Culture Education

Lawrene Friedmann said there are 3 (three) components of the legal system, namely:[12]

1.      Textured

2.      Substance

3.      Culture (Legal Culture)

            A legal system must fulfill, firstly, the structure, in this case the legal system is constantly changing, but the parts of the system change at different speeds, and each part changes not as fast as certain other parts, there is a long-term pattern that is continuous in the structure of the legal system, by providing a kind of shape and boundaries to the whole. Secondly, the legal system has substance, what is meant by substance are the rules, norms, and patterns of human behavior that are real in the legal system. And thirdly, the legal system has a culture (legal culture) which is the human attitude towards the law and the legal system, in which there are beliefs, values, thoughts, and hopes.

            Talking about legal culture, community participation will be needed, and how to form a legal culture in society, in the Corruption Crime Law in Chapter V concerning Community Participation, Article 41 paragraph (1) states; "the community can play a role in helping efforts to prevent and eradicate criminal acts of corruption" this role is realized in the form of:

a.       The right to seek, obtain and provide information on suspected corruption crimes;

b.      The right to obtain services in seeking, obtaining and providing information regarding suspected corruption to law enforcement officers handling corruption cases;

c.       The right to convey suggestions and opinions responsibly to law enforcement officers handling corruption cases;

d.      The right to obtain answers to questions regarding reports submitted to law enforcement within a maximum of 30 (thirty) days;

e.       The right to obtain legal protection in the case of:

1.      Exercising their rights as intended in letters a, b and c

2.      Requested to be present in the investigation, inquiry and court proceedings as a reporting witness, witness or expert witness, in accordance with the provisions of applicable laws and regulations.

From the article above, it can be concluded that society also has a role in preventing criminal acts of corruption, for this reason, legal culture education is needed for society in carrying out prevention.

            According to Law Number 13 of 2003 concerning Manpower, productive age  namely people aged 15-64 years who already have jobs but are temporarily unemployed, or who are actively looking for work. At this age, workers in both the private and government sectors must be formed into a society that has an anti-corruption legal culture.

            In 2045, Indonesia will be 100 years old or Golden Indonesia, to prepare the Indonesian people who will receive a demographic bonus with the 4th largest population aged 15-64 years in the world, it must...

prepared people who have an anti-corruption culture. This anti-corruption cultural education begins with children from elementary school, middle school, high school, to university, because they are the ones who will become the nation's successors.

            In the Corruption Eradication Commission we are familiar with the Deputy for Enforcement and the Deputy for Prevention, the functions of the Deputy for Prevention are as follows:[13]

a.       Formulation of policies for the sub-fields of Registration and Investigation of State Officials' Wealth Reports (PP LHKPN), Gratuities, Education and Community Services and Research and Development;

b.      Implementation of corruption prevention through data collection, registration and inspection of LHKPN;

c.       Implementation of corruption prevention through receiving reports and handling of gratuities received by Civil Servants or State Administrators

d.      Implementation of corruption prevention through anti-corruption education, socialization of the eradication of criminal acts of corruption and anti-corruption campaigns;

e.       Implementation of corruption prevention through research, studies and development of corruption eradication;

f.       Coordination and supervision of the prevention of criminal acts of corruption to related agencies and institutions in carrying out public services;

g.      Implementation of secretarial activities and development of resources within the Deputy for Prevention.

h.      Coordination, synchronization, monitoring, evaluation and implementation of working relationships in the sub-fields of Registration and Investigation of State Officials' Wealth Reports (PP LHKPN), Gratuities, Education and Community Services as well as Research and Development;

i.        Carrying out other tasks assigned by the leadership in accordance with their fields.

Anti-corruption cultural education is carried out for pupils and students in the following ways:

1.      Conducting education by introducing a culture of anti-corruption crime

2.      Creating media for students and university students to be creative in campaigning for an anti-corruption culture

3.      Conducting an evaluation of the development of students and university students who have taken action in campaigning for an anti-corruption culture

Ad. a. Conducting education by introducing a culture of anti-corruption crime

Education is a means that is implemented through socialization and lectures to introduce to pupils and students what the crime of corruption is, how to prevent it and what our role is as future leaders of the nation in dealing with corrupt behavior;

Ad.b. Creating media for students and college students to be creative in campaigning for an anti-corruption culture

After completing education, students and pupils must make an action plan to embody what they have received during their anti-corruption education at the elementary, junior high, high school and university levels, for example, Mading, "Honest Canteen" where students and pupils are taught to be honest in making purchases or taking money back in the money place that has been provided, he must put money according to what the students and pupils eat. Students and pupils always ask where the source of the money given to him comes from, in saving always lists the source of the funds he saved, never gives money/achievements to speed up processing in public services;

Ad. c Conducting an evaluation of the development of students and university students who have taken action in campaigning for an anti-corruption culture

By looking at the behavior of students and university students like this example, it can be concluded that a legal culture has been created, but this will be proven when a student or university student has a position and he does not take action. abuse of power in the world of work. Therefore, it is necessary to conduct continuous evaluation of students who have participated in legal culture education.

Hope it is useful J

Bibliography

Barda Nawawi Arief, Anthology of Criminal Law Policy (Development of the Drafting of the New Criminal Code), 6th Edition, 2nd Edition (Kecana Prenada Media Group, Semarang, 2011)

Ermansjah Djaja, Typology of Corruption Crimes in Indonesia (Seven Types of Corruption Crimes Based on Law of the Republic of Indonesia. No. 31 in conjunction with No. 20 of 2001, Mandar Maju, Bandung 2010

HD Hart (ed), Punishment: For and Against, New York, 1971.

J. Andenas, Does Punishment Deter Crime? in Philosophical Perspective or Punishment,Gertrude Ezorsky (Ed.) New York, 1972.

Karl O. Cristiansen, Some Considerations on the Possibility of Rational Criminal Policy,    Resource Material Series No. 7, UNAPEI 1974

Lawrence Meir Fridman, American Law An Introduction, PT. Tata Nusa, Jakarta, 2000.

R. Hood & R. Sparks, Key Issues in Criminology, 1967,

R. Wiyono, Discussion of the Law on the Eradication of Criminal Acts of Corruption, (Ed. II), Sinar Graphics, Jakarta, 2012

Sixth United Nations Congress, Report, 1981.

Sudarto, Selected Chapters on Criminal Law, 1981.

Legislation

Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number           31 of 1999 concerning the Eradication of Criminal Acts of Corruption

Law of the Republic of Indonesia Number 30 of 2002 concerning the Corruption Eradication Commission

Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower

Website

http://www.kpk.go.id/id/