Corruption
By: Mufida. S (09410166)
1.
Verses
of
the Qur'an about Corruption (Q.S Al-Anfal
Ayat 27)
يَاأَيُّهَاالَّذِينَآمَنُواْلاَ تَخُونُواْاللّهَوَالرَّسُولَوَتَخُونُواْأَمَانَاتِكُمْوَأَنتُمْتَعْلَمُونَ
2.
Definition
of
Corruption
The
meaning
of
Surah
Al-Anfal
Ayat 27
O
you who have believed, do not betray Allah and the Messenger or
betray your trusts while you know [the consequence].
Definition of
Corruption
Etymologically, the
word comes from the Latin corruption is corruption or corruptus.
Furthermore, the corruption that was derived from the word
corrumpere, which is a Latin word which older. From the Latin that
was later dropped to European languages such as English, namely
corruption, corrupt. In French, namely corruption, while in Dutch
called corruptie. Of the Dutch language that is likely to have been
absorbed into the Indonesian language, namely corruption.
The word corruptio
or corruptus which means damage or dilapidation is initially using
the public's understanding comes from the Greek language meaning that
corruption is not good deeds, fraudulent, venal, immoral, deviate
from holiness.
Literally, the
notion of corruption can mean:
a. Crime, decay,
venal, immoral, immorality and dishonesty.
b.Bad actions such
as wiping money, bribes receipts, and so on.
According to
Transparency International defines corruption as the abuse of power
and trust deeds public for personal gain. In this definition, there
are three elements, namely:
a. Abuse of power.
b. Entrusted power
(either in the public or private sector).
c. Personal gain (in
this context, is also intended to be a private family or friends).
In Act No. 31 of
1999 defines corruption in Articles 2 and 3, namely:
- Any person who acts unlawfully enrich themselves or someone else or a corporation that could hurt state finances or economy (Article 2, paragraph 1).
- Any person who for the purpose of enriching himself or another person or a corporation, abusing authority, opportunity or means available to him because of the position or a position that could hurt state finances or economy of the state (Article 3).
Definitions and
Types of Corruption Perspective of Islamic Law
Islam termed
corruption in some etymology appropriate types or forms of
corruption, including:
a.Risywah, namely
bribery or illegal fees by agreement of both parties.
b. Al-Ghasbu, ie
when the illegal fees mentioned above coercive. Like if seseoarang
not give a sum of money, then it will be complicated affairs. It can
also be referred to as extortion (al-maksu).
c.Mark-up or
mark-funds in various projects called deception (al-ghurur).
d.Falsification of
data referred to by al-khiyanah.
e.Embezzlement of
state funds can be categorized as al-ghulul.
First,
risywah according to language is something that can deliver that goal
in any way that goal can be achieved. The definition is taken from
the word meaningful rosya bucket strap used to strap a bucket from
the well. While the ar-raasyi is the one who gives something to both
parties to support the malicious intent of his actions. Then
ar-roisyi is mediator or liaison between the bribe giver and the
bribe recipients, while recipients of bribes referred to as
al-murtasyi.
According
to Dr. Yusuf Qaradawi define risywah ie something given to a person
who has the power or position (any) to succeed its case by beating
his opponents in accordance with what is desired or to give him an
opportunity (such as tender) or get rid of his opponents.
From
the definitions described above, that risywah is part of corruption
relating to bribery to someone who has the power or authority in
order to facilitate the goal to be achieved or that the purpose of
the bribe. One part of this is a form of corruption that has damaged
the structure of moral and justice in every line of public life. Due
to bribery, justice in the legal process can not be achieved or may
affect the decision of a judge with a nominal money could shake the
faith of a law enforcement. Bribery even known by the public as an
act of "bribe" is common, for example in the case of
motorcyclists who often exposed to a speeding ticket from traffic
police officers. So with a few bills, a trial has been completed.
This is what indicates that risywah had penetrated in various
community structures.
Second, al-ghulul is the act of embezzling state coffers or the treasury or in the historical literature of Islam call to steal the spoils of war or in part to conceal owned before presenting it to the division. therefore, the act of including the al-ghulul categories are:
Second, al-ghulul is the act of embezzling state coffers or the treasury or in the historical literature of Islam call to steal the spoils of war or in part to conceal owned before presenting it to the division. therefore, the act of including the al-ghulul categories are:
a. Stealing ghanimah
(spoils of war).
b. Darken the state
treasury.
c. Skimming charity.
Third,
al-maksu is the act of levying take what is not right and give to
that is not right anyway. This action is identified to the extortion
that usually occurs when someone will take care of something and then
charged a fee by the offender without compliance with the tax
collector of the person who picked it. As we mentioned earlier, that
if the levy is not met by the victim, then the people's business will
be compounded by the perpetrators of the tax collector. Inilahyang
then called al-maksu.
3.
Corruption
in
Theory Psychology
Sigmund
Freud was the founder of Psychoanalysis. Psychoanalytic theory
focuses on the importance of childhood experiences. In essence,
childhood holds a decisive role in shaping the personality and human
behavior as adults later.
There
are five stages of personality development in Psychoanalysis.
According to Freud, human personality through the stages in the
development of oral, anal, Phallis, latent, and genital.
a.
Oral stage, at this stage of human merely using his mouth to feel
pleasure. Babies always put into his mouth every object in his hand.
This stage takes place in 0-3 years.
b.
Anal stage, This is stage when children get pleasure when pulled
something out of his anus. Children love the look dung heap. At this
stage the child can linger in the toilet.
c.
Phallis stage, Phase Phallis took place at the age of 8-10 years.
Children get pleasure with sex play.
d.
Latent stage, stages forgetting Children gain pleasure because it was
entering school age. Child has friends and new games.
e.
Genital stage, This is stage when the development reaches its peak
maturity. Humans are entering maturity. Stages of this development
was normal, from one stage to the next. However, it could be people
hampered in early development. Freud called fixation. The causes
vary, either because the parents, the social environment, or mental
conflict.
So
what relevance to corruption? To answer it, we must trace the root
cause of corruption.
Gone
theory
According
to Jack Bologne, there are four root causes of corruption: Greed,
Opportunity, Need, exposes.
a.
Related Greed greed greed and corruption actors. Corruptor is a
person who is not satisfied with the situation himself. Got a
mountain of gold, desiring had another golden mountain. Has a myriad
of treasures, want to have a private island.
b.
Opportunity linked to a system that gives pit of corruption. Untidy
control system, which allows a person to work carelessly. Deviations
arise easily. At the same time, the system is not strict supervision.
People easily manipulate numbers. Cheat free. Wide open to
corruption.
c.
Need relate to mental attitude is never enough, full of attitude
consumerism, and always full of needs that never ended.
d.
Exposes the penalties associated with lower corruption. Penalties are
not deterring the offender and others. Deterrence effect is minimal.
Fourth
root of the problem above is a major obstacle to eradicate
corruption. But, from the fourth root of the problem of corruption
was, for me, the center of everything is greedy and greedy attitude.
Failing system is not necessarily to make the corruption. Urgent need
not necessarily encourage corruption. Low penalties for perpetrators
of corruption not necessarily make people participate inspired
corruption.
In
short, corrupt behavior motivated greed acute basis. The existence of
gluttony and greed matchless. Corruption, cause there are people who
are plentiful, there are depleted, there is a thriving, there is
humiliation, there is eroding, there are depleted. Corruption
parallel with greedy attitude.
Fixation
and Corruption
There
is a relationship between the stages of personality development of
children with the condition of the child as an adult. When the stages
that occur fixation or barriers personality development., Then
personalities that were brought up great.
Greed
is the nature of people who obstructed the development of his
personality, that is when he is hampered in the anal stage
personality. A child experiencing barriers anal personality on stage,
when he would retain the personality of the anal. The character is
marked by greed to have.
He
felt pleasure in the possession of material things. Anal phase is
marked by the pleasure the child see the dirt coming out of his anus.
Now, dirt telahdiganti other objects. It was an influx of money,
cars, houses, stocks, diamonds, gold, diamonds.
Corruptor
is a child in an adult body. He's big, soul dwarf. To cure it, remove
them. Show him that he basically immature. Pleasure of collecting
treasures is a symbol of deviant behavior due to hampered in the
development of personality in childhood.
In
conclusion, criminals are minors. He still needs to learn how to
improve the quality of his personality
A)
Biological Approach
The
phenomenon of corruption that occurred in various regions in our
country on the terms of this if we examine the biological approach,
it is basically human beings are not satisfied with the existing
problems related to the biological problem and it needs an inherent
nature of human beings or nature of innate from birth with various
Characteristics, but humans have the choice to determine the
differences in behavior because this behavior is characteristic of a
person who distinguishes between one another.
The
phenomenon of corruption is happening in various parts of the country
we have beyond ridiculousness. If we examine this issue based on the
biological approach is basically a human being is a creature that
does not have a sense of satisfaction in what they can for this.
Humans are born with a variety of characteristics that differentiate
with others and play in determining behavior.
Biological
characteristics in this context is;
a.
Instinct (innate characteristics)
Humans
have an instinct to always meet your needs and is never satisfied
with what you already have.
b.
Genetic factors (physical characteristics that have developed since
birth)
Biologically,
the genetic differences lead to differences in behavior. For example,
there are some of us women (to give birth) and there was a guy (can
not give birth), there is growing bigger and stronger, some are thin
and small.
c.
physical growth while.
That
the intention here is to influence the production of hormonal or
brain stimulant that is influenced by environmental and biological
needs.
Characteristics
of the above could be a major factor in making their corrupt acts,
acts of corruption which they do this may be an impulse arising from
within oneself is to commit acts of corruption to satisfy the
biological needs.
Given
such factors, there is still more factors that affect the people put
through acts of corruption, namely with the opportunity to perform
acts of corruption. With the opportunity like this, and the
corruptors assume that what they do will not be known by others. The
chance factor is also influenced by genetic. when people get a chance
to do bad but genetic factors as well as his instincts are not
familiar with it, then that person will not do acts of corruption.
different from those who do not train instinct to keep from things
that are bad. or even be much different with people who have a
genetic selfishness to try to meet the needs of beating his personal
piety to others.
B)
Learning Approach
This
time we analyze the problem of corruption in terms of approaches to
learning, which is as if this phenomenon occurs is considered a
normal masalh common especially someone living among the high-ranking
State. In learning theory says that behavior is determined by what he
had learned previously.
There
are three mechanisms of learning, namely;
a.
Associations, or better known as classical conditioning. In dogs,
Pavlov associate the bell with the meat.
b.
Reinforcement; person displays behavior because learning with
something fun, (and vice versa)
c.
Imitation; Often times someone studying attitudes and behaviors by
imitating the attitude and behavior of people who become models.
Learning
approach has three characteristics, namely;
a.
The causes lie in the behavior of individual learning experiences in
the past.
b.
Put the source in the external behavior, not on the individual's
subjective interpretation of what happened.
c.
Approach to learning, to explain the behavior of a real, not a
subjective state / certain psychological.
In
the present case the criminals have learned the behavior as a habit.
When they are faced with the same situation, then the recording will
do halsama like what they have learned previously.
In
the case of this corruption can dikatan that the high-ranking State
has engaged in corruption because of their previous experience or
even done some of this action. With the existence of such things then
they imitate the act of corruption.
C)
Incentives Approach
Based
view of the theory of incentives, the corruptors of committing such
actions based on the advantages and disadvantages that will be
accepted after they commit the act was over. In this case the
corruptors have several options that they can escape or surrender to
the Commission. If they give it to ditangkapdan imprisoned (negative
incentives). By escaping the recording will have fun with the money
proceeds of corruption that they can (positive incentives).
In
case of corruption, the corrupt and the Commission can be analyzed in
the form of hostility because their interests are mutually
bertetangan. The criminals are lucky if it can get away from the KPK,
vice versa if the Commission is able to catch the criminals he was
lucky.
The
perpetrators of corruption in conducting such a course of action that
they are already thinking rationally advance taking into account the
advantages and disadvantages of doing it and act in a rational way to
choose the best alternative. The perpetrators of corruption choose an
alternative that is based on the principle of the value of their
actions that will arise from the decision and alleged that their
actions will arise. In this case can be analyzed because the
opportunity and intention that is in contrary to the corruption of
values and existing laws.
D)
Cognitive Theory
Basically
a person's behavior depends on their perceptions of social
situations, and social perceptions of law similar to the law of
object perception. People organize perceptions, thoughts and beliefs
about the social situation in the form of simple and meaningful and
that organizing someone mepengaruhi behavior in social situations.
Cognitively,
people tend to categorize objects on the basis of the principle of
similarity, proximity, and experience tends to interpret the vague
aspects in people. This interpretation is an implication of how
observing other people and social situations.
In
general, the basic cognitive principles can be categorized into
several sections as follows:
a.
Cognitively, people tend mengkelompokkan objects on the basis of the
principle of similarity, proximity, and experience.
b.
Cognitively, people tend to pay attention (interest) on something
that is striking (figure) colorful, motionless, silent, unique and
antique.
c.
Cognitive people tend to interrupt the interpretation of obscure
aspects of the self, (goals, motives, attitudes, personality traits,
feelings, etc.). This interpretation is an implication of how
observing other people and social situations.
Interpretation
and organization of cognitive processes is very important (in this
context), because it is a way of observing the implications of other
people and social situations.
4.
Analysis
and Comment
In
the case of corruption, psychologically, of course it became clear
that the act of abusing the authority could have occurred because the
individual already has a predisposition (nature) to cheat.
Explanation is that we attribute to the personality characteristics.
The question is why people who said well it turns out corruption? The
behaviorist said, meaning the environment that strongly provide the
impetus for people to corruption and defeating nature of someone who
has a good personality traits. Environment in this case not even give
you a boost and impose penalties on people when he was abusing his
power. Empirical studies corroborate these assumptions regarding
corruption.
There are people
who argue that corruption in Indonesia has become a pandemic outbreak
or disease that is difficult to eradicate. Some had argued that
corruption is already a part of Indonesian culture. Corruption was
widespread and deep entry in the realm of public mentality and
spirit. Corruption occurs at almost every level and aspect of
society, ranging from taking care of Birth Certificate, Marriage,
Identity Card (KTP), Building Permit (IMB), project procurement /
tender in government agencies and even been included in the law
enforcement environment itself, namely the presence of mob justice
(judicial corruption).
Without
realizing it anyway, corruption arises from habits that are
considered normal and natural by the general public, such as giving
gifts (gratuities) and bribes to officials / civil servants or their
families as a reward of service. Habit was considered commonplace
performed as part of the oriental culture. This habit long into the
seeds of corruption are real. Corruption is so great coloring of
Indonesia daily. In the words of M. Hatta, corruption in this
situation has been regarded as the national culture.
5.Examples of
cases
Kasus Nazaruddin Contoh Korupsi Yang Sempurna
Tribunnews.com
- Rabu, 24 Agustus 2011 22:17 WIB
TRIBUNNEWS.COM,
JAKARTA -
Pengamat politik dari UI, Boni Hargens menegaskan, kasus korupsi yang
dilakukan oleh mantan Bendahara Partai Demokrat, Muhammad Nazaruddin
harus dituntaskan. Semangat ini, ujarnya, terkait dengan politik
kekuasaan dan demokrasi di republik ini.
"Kasus
Nazar ini adalah sampel kasus korupsi politik yang sangat sempurna
dari aspek pelaku, modus operandinya dan tentu sarat kekuasaan.
Bahwa memang, ada kejanggalan dalam kasus Nazaruddin," kata
Boni dalam dialog kenegaraan di Gedung MPR/DPR, Rabu (24/08/2011).
Boni
mengurai, modus yang pertama mulai dari proses penangkapannya,
hingga mantan Bendahara Umum Partai Demokrat, Muhammad Nazaruddin
dibawa pulang ke Indonesia.
"Saya
menarik kesimpulan bahwa ada rekayasa fakta hukum. Begitu Nazaruddin
masuk Indonesia, fakta hukumnya sudah di reformulasi, sudah di
rekayasa, sehingga kalau Nazar diam, maka itu something logik
(logis)," tegasnya.
"Dan
kalau kemudian Nazar mengeluarkan surat, itu juga logis. Tetapi,
kalau Presidennya bereaksi, ini menjadi pertanyaan menarik,"
katanya lagi.
Yang
pasti, lanjut Boni, sebagai saksi emas, Nazaruddin perlu dilindungi
dari upaya intimidasi dan teror. Selain itu, independensi KPK juga
harus betul-betul dijaga.
Dalam
teori korupsi Boni menjelaskan, kasus korupsi Nazaruddin yang
terjadi di negara berkembang seperti di Indonesia perlu dikonfirmasi
tentang pola kerja korupsinya.
"Korupsi
politik selalu merupakan kerja kolektif yang melibatkan aktor-aktor
konvensional seperti partai politik, birokrasi, kapitalis di luar
sistem politiknya. Kliennya nonkapitalis. Siapa mereka? yayasan dan
lembaga-lembaga lain yang bukan kelompok bisnis dan juga bukan
parpol," kata Boni Hargens.
6.
Reference :
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