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62 J.L. Pol'y & Globalization 76 (2017)
The Effectiveness of Corruption Eradication: Integrated System Approach

handle is hein.journals/jawpglob62 and id is 77 raw text is: ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.62, 2017 HE The Effectiveness of Corruption Eradication: Integrated System Approach Yotham Th. Timbonga Universitas Kristen Indonesia Paulus, South Sulawesi, Indonesia Abstract The eradication of corruption must be done comprehensively. Therefore, the conventional legal approach has been inadequate in dealing a systematic and widespread modus operandi of corruption and extraordinary crimes. This research uses normative-research method. This research was conducted in Makassar as the Capital of South Sulawesi Province and Mamuju City as the Capital of West Sulawesi. The results shows that corruption eradication as an integrated manner has not been effectively maximized, because it is not supported by sufficient human resources, qualified and moral. To create an integrated anti-corruption eradication effectiveness, it is suggested repressive and preventive actions be undertaken simultaneously and integrated, supported by sufficient human resources, qualified and morally supported by adequate means and costs as well anti-corruption communities. In addition, to eradicate corruption as the embodiment of immoral behavior, it is suggested that moral education and anti-corruption embed shameless cultural values to corrupt as national programs and national movements to create the same motivation, perception and spirit in eradicate corruption. Keywords: Corruption, Criminal Law, Integrated System 1. Introduction At the practical level, corruption has become a social phenomenon and illegal acts. The corruption is increasing from year to year, both the quantity and the quality. The increasing of corruption can be seen, for example, on the number of perpetrator and the amount of corrupt money that can be known, not including the corruption that many occur and not revealed (hidden crimes). It is known that the impact of corruption as an iceberg (the iceberg model) in the middle of the ocean. Likewise, in the effort to eradicate corruption, there is always a cynical tone that the eradication of corruption is done selectively or law enforcement is weak. The increasing of quality (of course in the negative sense) can be seen in the ways and forms of corruption that also continue to grow and the courage of perpetrators who are constantly looking for new ways to corrupt. By the increasing of quantity and quality in corruption, then corruption is no longer seen as an ordinary crime, but it has been classified as extraordinary crime. Therefore, in the effort to eradicate corruption cannot be done ordinarily, it is needed an extraordinary way for the action and efforts to eradicate it. In the current form of corruption, Dirdjosiswono (1984:77) suggests that the forms of corruption have become no longer classifiable as the White-Collar Crimes, but more than have been formed an embryo of organized crime. Several authors gave a different picture of corruption, as Ermansjah Djaja (2010:11) describes corruption as a disease; corruption in Indonesia has evolved in three stages: elitist, endemic and systemic. In the elitist stage, corruption is still a typical social pathology within the elite/official sphere. In the endemic stage, corruption penetrates the reach of the broader society, and the critical stage is when corruption becomes systemic, that is, when everyone in the system is affordable for corruption. It is possible that the disease of corruption in this nation has reached the systemic stage. Until now, the development of corruption has been a result of the system of governance that is not orderly and not well supervised because the legal basis used also contains many weaknesses in its implementation. Supported by a weak system of checks and balances between the three powers, then corruption is institutionalized and approaches a culture that is almost impossible to eliminate. Almost all members of the community cannot avoid the obligation of giving tribute when dealing with government officials, especially in the field of public services. It does not seem to give any graft is a sin for those with an interest in government affairs. As described above, it is clear that the eradication of corruption must be done comprehensively. Therefore, the conventional legal approach has been inadequate in dealing a systematic and widespread modus operandi of corruption and extraordinary crimes. On the basis of this, the strategy of corruption eradication in Indonesia should use 4 (four) approaches namely; legal, moralistic and faith, educative and socio-cultural. The legal approach plays a very strategic role in corruption eradication. Thus, a new legal approach is required that places the interests of nation and State or the economic and social rights of the people above the interests and rights of the suspect or defendant. The new legal approach is in line with the provisions of Article 29 of the Universal Declaration of Human Rights of the United Nations which assert that restrictions on the rights of individuals may be justified as they are aimed at protecting broader rights originated in the form of law. The success of the approach is not solely measured by the success of the legislation product but must also be accompanied by consistent law enforcement measures that are both 76 Journal of Law, Policy and Globalization WWW.1_1 0