Literacy Law - This article discusses the Socio-Legal Perspective in the Regulation of Corruption Crimes in Indonesia. Let's take a look at the explanation!

By:Irkham Shaifi Cahyo Sasono

Corruption as Extraordinary Crimes

Corruption is considered a "transnational crime" and "extraordinary crime" by the international community and is a major initiative of governments, even across countries.

Therefore, a political commitment is needed to create a specific strategy to deal with it. Special institutions have been established institutionally in several countries around the world, including in Indonesia, known as the Corruption Eradication Commission (KPK). 

databoks.katadata.co.id databoks.katadata.co.idBetween January 1 and October 6, 2023, the Corruption Eradication Commission (KPK) handled 85 cases of corruption.

Factors Causing Corruption

According to Selo Sumardjan, several factors that cause corruption are as follows: [1]

  1. Rapid and uneven social changes since the national revolution have caused imbalances and social disintegration. This is exacerbated by weak boundaries between state and private ownership.
  2. Traditional cultural values that prioritize wisdom and simplicity have begun to shift. Social orientation has shifted to pursuing material wealth.
  3. Economic development has become the main priority, while social and cultural development has been neglected. 
  4. State power is used to accumulate personal wealth.
  5. Paternalistic behavior and corruption, which were initially only carried out by a handful of people, are now increasingly widespread and pervasive in people's lives. Many people think it is foolish not to take the opportunity to get rich.
  6. Social institutions that function to control people's behavior are no longer effective.

Meanwhile, Theodoor M. Smith evaluates that cultural, economic, and political factors are the main causes of corruption problems in Indonesia. In addition, he stated that the historical factor indicated by the feudal nature of the Indonesian nation is the main cause of the high level of corruption in Indonesia. In his analysis, he also mentioned other factors, such as cultural factors, which are negative consequences of the feudal system. [2]

In connection with previous research on the relationship between cultural mentality and law, based on Friedman's Theory, one part of the concept of law is to regulate legal culture, where legal culture is the attitudes and values that are related to law and the legal system, and these attitudes and values have an impact on behavior related to law in a good or bad way. [3]

Read Also:Corruption Criminal Act: Definition, Elements, and Sanctions

Friedman divides legal culture into internal and external. Internal legal culture includes the scope of the prosecutor's office, the Corruption Eradication Commission (KPK), and other law enforcement officials.