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Faculty of Law UMM Organizes Workshop on Corruption Prevention
» Monday, 25 July 2011 | 15:14 WIB | Viewed: 2187
Faculty of Law (FH) University of Muhammadiyah Malang (UMM) held a higher education workshop on law and sharia of the Muhammadiyah Universities throughout Indonesia on Friday (07/22) at UMM Inn hotel. The theme of the two-day event was "The crystallization of Muhammadiyah Thoughts; Preventing Corruption for the State Law Resilience". According to the Dean of FH UMM, Sidik Sunaryo, SH, MH, this event aimed to find way out how to prevent acts of corruption that were examined through a variety of perspectives, not just legal perspective.
The workshop was opened by the Vice Rector I of UMM, Prof. Dr. Ir. Sujono, M. Kes. The resource persons were KPK Chairman, Busyro Muqoddas, legal expert Dr. Zainal Arifin, SH., MA, and Prof. Masruchin Rubai, SH, MS.
In his speech, the Vice Rector I conveyed that the workshop was very important because Muhammadiyah intellectuals’ thoughts are required related to the contribution to the Indonesian law. There were many irrelevance enforcements of many legal cases. Thus, there is a demand on legal reform. The legal reform can be realized by strengthening the law from various aspects.
"We need to strengthen the Faculty of Law so that our children in the future would be legal experts with good and strong morality. It can be grown by implanting good nobility to our children," said Sujono in his speech.
Meanwhile, Zainal Arifin delivered material on "Anti-Corruption Law Politics". He said that this country was experiencing a corruption emergency condition. He exposed all the realities that occurred due to the rampant corruption in Indonesia. According to him, today we look very pragmatic; equating corruption with a GPA or scoring that ultimately must be expensively paid by fixing all the things associated with the GPA.
Zainal said, there were two obstacles so that Indonesia has never made progress in fighting corruption. Those two were the mistake in choosing pragmatic paradigm and less alignment towards the eradication of corruption. They undermined the quality of the created-institutions and produced-legal products. In many cases, the concept of corruption was state captured corruption, the forms of corruption that legalize acts of corruption committed by the state for the mafia. Later, the mafia made a counter attack which was troublesome to the eradication of corruption.
"It means that the recipes we used so far were not on the right track because of the absence of a clear legal politics in the anti-corruption law enforcement," said Zainal. He quoted the Chairman of the Constitutional Court Machfud MD that legal politics is causality relationship between law and politics which influence each other. Machfud MD also explained that legal politics is legal policy or law direction implemented in a country to achieve nationhood in the forms of new laws or substitutes of old law.
Legal politics in anti-corruption law enforcement can be interpreted through three main concepts, namely a blueprint or a primary goal in anti-corruption law enforcement, the tug of political interests in the promotion of anti-corruption law enforcement, and implementation of anti-corruption law enforcement. However, those three concepts are very problematic. The approach can be made towards a clear legal politics among others such as like what was said by Iredell Jenkins; conservative model says the guilty must be punished, liberal model focuses on individual improvement, and constructive model talks to the system. "The issue is now on the ability and willingness of the state in applying it," said Zainal Arifin.
In his material, Prof. Masruchin Rubai, SH, MS described "Corruption Crime Reduction Strategy". He said that corruption is not an ordinary crime, but an extraordinary one. Thus, the prevention must be in extraordinary ways too. The prevention must also be done in integrated ways by combining penal facilities such as laws on corruption eradication and non-penal means outside the criminal law. Quoting from Barda Nawawi Arief, Masruchin Rubai argued that the handling of the crime must be pursued through policy approaches in the sense of integration between criminal politics and social politicians. Besides, there is coherence between the "penal" and "non-penal" policies.
"The integrated prevention of corruption can be done through social politics as policy or effort in pursuing social welfare as stated on the fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia," said Rubai.
Although there are a lot of ‘affairs’ between official executors of the crime and the corruptors, the preventive actions can be done through penal policy using legal means which are currently being focused by the state. Besides through the penal means, the preventive actions can also be done through non-penal policy which is a more strategic step than penal policy. Non-penal policy alienates people from intention to commit corruption by planting noble ethics values. The preventive policy is done by narrowing the opportunities for corruption. "Non-penal policy encourages community involvement in tackling the corruption that can be said as an extra legal system. Potentials of community should serve as a deterrent factor of corruption crimes," said Rubai.
The workshop was closed with a brief and clear material from Busyro Muqoddas on "Paradigm, Direction, and Platform of Legal Politics on the Crime of Corruption in Indonesia". Busyro mentioned that there are several legal politics paradigm, namely liberation, democratization, and ideology/egalitarianisms. Liberation includes liberation from the liberal/neoliberal/pragmatic paradigms, liberation from oligarchy politics, and liberation from the hegemony of the myth of NKRI as The Rule of Law. In addition, democratization paradigm includes legislation and policies politics of state and government. Besides, the paradigm of ideology regulates the position of the people (HAM SIPOLEKOSOB), social contract, and the spirit of partisanship to the people.
According to Busyro, legal politics leads to the formation and strengthening of Civil Society, legal and human rights protection in the Civil Society, the transparency of the system of legislation and political processes, the ease of access and public control, and protection of people's economy. Busyro said that all those things are based on the Constitution and the Pancasila, the principle of The Rule of Law, the principle of popular sovereignty, multidimensional reality of poverty, as well as the reality of the crisis of values and a functional substance.
"Some modus of corruption acts are conventionally in the forms of SPPD Tickets and fictive programs undertaken by civil servants, law enforcement, and other actors. In the political corruption, for example, there are actions of looting budget of APBD/APBN by the bureaucrats, brokers, political party officials, or members of the DPR/DPRD. The highest level corruption is state capture corruption which is done by designing corrupt policies. The actors at the level of corruption are the same as at the level of political corruption," said Busyro to workshop participants. (han/nas/t_alf)