Integritas : Jurnal Antikorupsi

One map policy as an anti-corruption endeavour in the Indonesian mining sector

Muhammad Arief Virgy, Mustabsyirotul Ummah Mustofa, Ahmad Mikail — Fri, 06 Dec 2024 00:00:00 +0700

Indonesia plays an important role in the global mining industry, particularly in coal and nickel. Ensuring that mining resources support the people's livelihoods, as mandated by the 1945 Constitution of the Republic of Indonesia, requires good governance in the mining sector. However, corruption remains a significant challenge. This research identifies the types of corruption present in the mining sector and proposes solutions. Using qualitative methods and collecting secondary data sources such as news reports and other accessible documents, the study reveals that corruption mostly occurs in the issuance of mining permits, often due to overlapping areas between mining permits and other land uses. In order to address these issues and strengthen governance, the One Map Policy has been proposed. This policy aims to improve spatial planning quality, reduce overlaps between mining concessions and Indigenous peoples’ areas, and prevent concessions in protected forests. However, the policy faces challenges due to a lack of transparency in making map data publicly accessible, which hinders external inputs. Additionally, there is no government body responsible for verifying independent map data from external sources. Enhancing transparency and involving external parties in providing input to the One Map Policy can promote accountability, ensuring mining activities adhere to good governance principles and protect local communities and Indigenous peoples’ rights as well as their livelihoods.

Extensive interpretation of state financial losses in tin sector corruption: A comparative study of emerging economies

Daffa Ladro Kusworo, Titi Anggraini — Fri, 06 Dec 2024 00:00:00 +0700

The precedent of state losses in regulations is still limited to the paradigm of nominal losses, which is clearly different from the type of corruption in natural resources, particularly when considering environmental damage benchmarks in ecological, economic, and environmental recovery aspects. Unfortunately, Article 2, Paragraph 1, and Article 3 of the Eradication of Criminal Acts of Corruption Law, which defines the term “state financial losses,” creates confusion in interpretation because it is different from other regulations, such as Minister of Environment Regulation No. 7/2014. In this regulation, state economic losses due to environmental damage and recovery costs are included as non-tax state revenue. It's unfortunate that government's right to sue in civil realm is used for compensation, and not for environmental restoration. This practice creates a conflict between corruption losses in the environmental aspect and the paradigm of state finances. This research is based on a doctrinal method that refers to legislation as the basis for hypothesis testing to dichotomize the interpretation of state losses, accompanied by a comparison with other countries. The results show that state financial losses interpretation needs to be seen casuistically through multi-regime investigation paradigm, namely by combining formulation unlawful acts between regulations. In fact, the practice of natural resource corruption is rampant in developing countries due to a lack of determination regarding losses and appropriate environmental corruption sanctions for perpetrators.

The impact of corruption on local revenue in Indonesia’s fiscal decentralization era

Haryono Pasang Kamase, Gilbert Pore, M. Ikbal Abdullah, Nina Yamin — Fri, 06 Dec 2024 00:00:00 +0700

This research investigates the impact of corruption on local own-source revenue at the provincial level in Indonesia during the fiscal decentralization era, highlighting its significance for economic policy and governance. The study contributes to a deeper understanding of how corruption influences economic outcomes in decentralized governance systems, posing the hypothesis that corruption may facilitate economic activities by expediting bureaucratic processes. Using secondary data from the Ministry of Finance and the Corruption Eradication Commission (KPK) of Indonesia from 2017 to 2019, the study employs descriptive statistical analysis and the Pearson correlation to examine the impact of corruption levels on local own-source revenue realization. The results reveal a strong positive and statistically significant impact, suggesting that in the short term, corruption may “grease the wheel” in regions with bureaucratic inefficiencies. These findings have important implications for policymakers and practitioners, emphasizing the need to balance efficient economic processes with robust anti-corruption measures. The study contributes to the existing body of knowledge by providing empirical evidence from the Indonesian context and identifying areas for further research to explore the broader impacts of corruption within fiscal decentralization frameworks.

Corruption, public debt, political years, and economic growth in democratic developing countries

Rida Srihadiastuti, Mahjus Ekananda — Sun, 08 Dec 2024 00:00:00 +0700

This study investigates the impacts of political corruption and public debt on the economic progress of 43 democratic developing countries that have experienced varying election cycle frequencies from 2002 to 2021. The research utilizes a PMG-ARDL method and relies on data from the World Bank and International Monetary Fund (IMF). The results show that although corruption can generate ‘temporary’ benefits, it ultimately hinders long-term economic development. Our analysis also compares the impact by grouping countries based on different frequencies of election years, referred to as ‘political years’. In the group of countries with a ‘high’ frequency of political years, the impact of corruption is more detrimental than in the group of countries with a ‘low’ frequency. To anticipate the negative effects of corruption and ensure that the allocation of development funds is on target, we recommend: 1) improving the governance system to minimize corruption; 2) measuring corruption with new, more concrete indicators, not just the perception index; 3) implementing changes to the tax payment mechanism, as direct public control over budget allocations are often inefficient and leaky; and 4) improving the effectiveness of the campaign mechanism to prevent corruption by electoral candidates.

Strengthening transparency of political party financial reports to prevent illegal fundraising

Rino Irlandi — Sun, 08 Dec 2024 00:00:00 +0700

Political parties get their financial resources from membership fees, legitimate donations, and APBN/APBD. However, in the corruption case that implicate Abdul Gafur Mas'ud and Rahmat Effendi, political parties allegedly used the proceeds from corruption as one of their financial sources. Through the doctrinal legal research method, this research traces the financial sources of political parties to investigate these allegations. The results show that the financial sources of political parties are difficult to access. This shows that political parties are not transparent in reporting their finances. This is due to the lack of regulations regarding the financial transparency of political parties. As a result, corruption funds become one of their financial sources. Therefore, it is necessary to improve the transparency rules of political party financial reports by: (1) requiring political party financial reports to be audited and reported to BPK annually and announced to the public; and (2) tightening sanctions for political parties that do not report overall finances. The sanctions can be in the form of a ban on participating in the next general election period.

Corruption and female regional heads in Indonesia according to feminist legal theory

Fadila Nur Annisa, Rosa Ristawati, Ana Fauzia — Fri, 13 Dec 2024 00:00:00 +0700

Corruption cases by regional heads nowadays do not only affect men but also women. This is evidenced by several cases that occurred in female regional heads. Normatively, regulations related to women's rights have been well accommodated, especially regarding their rights to run for regional heads. Therefore, the concept of feminism that is applied is no longer related to the struggle for women's rights, but to ensure the quality of women's leadership in accordance with the goals of feminism. The concept of the study carried out was raised by basing it on the concepts of lberal based, anti-essential model, and post-modern liberalism. These three concepts are studied based on the varieties of motives and accessibility of women's potential to commit corruption when they become regional heads. After that, this article discusses at a practical level the leadership of women in the regions involved in corruption. By basing on court decisions dealing with corruption of regional heads by women, this article analyzes the factors of accessibility, impulsive buying, women's powerlessness, and gender bias in sentencing. The results of this study show that in some cases, there are factors that indeed female regional heads commit corruption based on personal motives, but there are also those based on the context of powerlessness to regulatory factors that make women feel they are given “special” rights in the judicial process.

Recodification of corruption crime provisions in the national criminal code

Tri Indriati, Nurfatiha Rizkiah, Muh Nur Mazrur Mazhar — Fri, 13 Dec 2024 00:00:00 +0700

Corruption crimes, as contained in the National Criminal Code, are controversially regulated. These have lower sanctions compared to the previous provisions in the Corruption Eradication Law. Indonesia's Corruption Perception Index has decreased since 2022, from a score of 38/100 to 34/100. Additionally, there have been several convictions wherein punishment involved imprisonment below the minimum timespan. This implies that the purpose of punishment, which is to eradicate corruption, has not been achieved. This research was conducted to determine the issue of light sanctions for defendants in corruption cases. It analyzes the Theory of Legal Truth and the Cost-Benefit Model Theory, as it pertains to the impact of recodifying corruption provisions into the National Criminal Code. This research employs prescriptive analysis, assessing what should be in the applicable legal regulations. It regards legal theory and the application of positive law to analyze a case study and address the research question. This research determines that light sentences allocated to corruption defendants reflect the low sanctions provisions, triggering increases in corruption cases. Moreover, the imposition of lower sanctions in the National Criminal Code risks encouraging an increase in corruption crimes in the future. This creates serious concerns regarding the effectiveness of law enforcement in deterring potential perpetrators against corruption.

Corruption in the education sector in Indonesia: Reality, causes, and solutions

Sidik Permana, Mursyid Setiawan — Sun, 08 Dec 2024 00:00:00 +0700

Corruption within Indonesia’s education sector ranks among the most frequently identified and prosecuted cases by the Corruption Eradication Commission (KPK). Education itself is a vital sector for human resource development; therefore, corruption within it poses a direct threat to the development process. This concern forms the foundation for this study, which aims to analyze the current realities, causes, and solutions to address corruption in Indonesia’s education sector. The findings of this article may serve as strategies to mitigate and prevent potential corruption within this critical sector. This study employs a literature review with a qualitative approach, drawing primarily on data from books, journals, institutional reports, accredited websites, and other relevant documents. Data analysis was conducted after compiling and reviewing various literature sources, from which insights and conclusions were derived. The results reveal a pervasive corruption problem in the education sector, supported by diverse data points. The causes of corruption are multifaceted, encompassing personal motives, societal and cultural influences, weak law enforcement and oversight, government negligence, and inadequate institutional management. Consequently, the proposed solutions are categorized into three dimensions: individual/personal, environmental/cultural, and institutional.

Collective action management of Anticorruption Education (ACE) from an organizational sociology perspective: A proposed institutional strategy for ACE

Sari Angraeni — Fri, 13 Dec 2024 00:00:00 +0700

Anti-corruption Education (ACE) is an effort to instill integrity/anticorruption values in students at all levels of formal education, resulting in the improvement of integrity throughout the educational ecosystem. With the involvement of broad and diverse educational stakeholders, ACE is a complex collective action aimed at forming a society with integrity. This paper analyzes the social dynamics in the implementation of ACE with an institutional approach. The main focus is on the interaction between formal rules, social norms, and individual actions in the context of education. This paper shows that the success of ACE is not only determined by the existence of good policies and programs, but also by the strength of social networks, leadership, and shared understanding of anti-corruption values among stakeholders. These dynamics form a complex system in which changes to one element can have an impact on others. The final section presents conclusions and recommendations for stakeholder governance to enhance ACE’s operational effectiveness. These recommendations will be provided to KPK as the government agency mandated to organize Anti-corruption Education.

Analysis of the relationship between government’s anti-corruption programs and bribe-giving behavior at the individual level in Indonesia

Agustinus Cahyo Wibowo, Khoirunurrofik Khoirunurrofik — Sun, 08 Dec 2024 00:00:00 +0700

Research on corruption in Indonesia has primarily focused on institutional corruption, while individual-level bribery remains underexplored. This study analyzes data from the 2020–2021 Anti-Corruption Behavior Survey (SPAK) and other surveys by Statistics Indonesia (BPS) to examine the relationship between the government’s anti-corruption programs and the possibility of individuals in Indonesia engaging in bribery to access public services. The study explores how the programs interact with community perceptions and individual characteristics such as education, gender, marital status, and living area characteristics like Information and Communication Technology (ICT) development and Gross Regional Domestic Product (GRDP). Findings indicate that the anti-corruption program implemented by the government is still limited to community groups with a high chance of committing bribery. Negative interactions are observed between government’s programs and perceptions of anti-corruption in family and public spheres, suggesting that incorporating community perceptions into anti-corruption programs can reduce bribery through rational choice and social norms. It was also found that people with lower education levels, male gender, married status, and living in areas with high ICT development and areas with high GRDP tend to bribe more. At a certain point, increasing age will reduce the chances of bribery. The government should design and implement anti-corruption programs that account for individual and regional characteristics, utilizing both direct and indirect media channels to enhance public perception of anti-corruption and reduce bribe-giving behavior.

Introducing an ethical lobbying regulation in Indonesia: A policy recommendation

Dani Mochtar Isnaini, Yuda Alfarisi Nasution — Sun, 08 Dec 2024 00:00:00 +0700

One of the public participation forms in the democratic setting is the mechanism of lobbying. In various countries, this mechanism has been regulated by the governments in accordance with recommended standards. This paper seeks to examine the international standards and recommendations as well as the implementation of lobbying regulations in multiple countries. The analysis focuses on the efficacy of lobbying regulation in different contexts, including issues such as insufficient disclosure, noncompliance, and enforcement mechanisms, which vary between countries. Our finding is that the efficacy of lobbying regulation in the United States is facing persistent challenges, including insufficient disclosure and potential noncompliance, which require deeper scrutiny and enforcement mechanisms. In Ireland, inadequate mitigation exists in regulating international lobbying and extraterritorial enforcement, a notable deficiency that needs to be addressed and solved. In Australia, however, there has been a progression from minimalistic approaches to more stringent legislative frameworks, albeit predominantly focused on third-party lobbyists, and therefore, there is still a lack of monitoring of other types. This situation underscores the need for comprehensive reform to address waning public trust in democratic institutions. Finally, we propose a recommendation for the lobbying regulation to be applied in Indonesia in order to enhance integrity and promote transparency throughout the policy formulation process.