Internalization of Pancasila Values as an Effort to Prevent Corruption in Indonesia

Joko Sriwidodo1

1Faculty of Law Jayabaya University, Email: [email protected]

Article Info

Received:2nd December 2022

Accepted: 23rd May 2023

Published:27th May 2023

Keywords:Pancasila,

Corruption, Values.


Corresponding Author:

Joko Sriwidodo, E-mail : [email protected]


DOI:

10.24843/JMHU.2023.v12.i0

1.p01


Abstract

The problem of corruption in Indonesia is complicated. Even though, laws and regulations have been made that regulate sanctions for corruption, there are still many corruptors emerged. Various attempts were made to prevent and eradicate corruption, as a result all the efforts were in vain. So, it is necessary to research discusses "Internalization of Pancasila Values as an Effort to Prevent Corruption Crimes in Indonesia". The purposes in this research are to describe the efforts of Indonesia government to resolve corruption that have been implemented so far in Indonesia and to analyze the internalization of Pancasila values as an effort to prevent corruption in Indonesia. This research uses a descriptive normative research method with a qualitative approach. The results of this research are that various efforts are needed to resolve corruption in Indonesia. There are several efforts to eradicate corruption, including through preventive, deductive and repressive strategies. Corruption has an impact on various aspects such as corruption can hinder development, the economy, and weaken the character of the Indonesian nation. Therefore, to deal with corruption, the Indonesian people must further strengthen the values of Pancasila in their personalities and in their daily lives. As for the internalization of Pancasila values in the prevention of corruption in the form of moral and legal norms through the system at various levels of education and learning.

I. Introduction

Corruption is an extraordinary crime because it is systemic crime and endemic with a very broad (systematic and widespread) impact which not only harms state finances but also violates the social and economic rights of the wider community. So, it is countermeasures requires extra ordinary comprehensive efforts measures such the establishment of regulations, institutions and commissions by the government.1 Even in September 2022, Indonesia is included in the 10 countries that are most concerned about

the issue of corruption and Indonesia is ranked third. This is as the data in Figure 1 below.2

Figure 1. 10 Countries Most Concerned About the Issue of Financial and Political

In addition, based on the Indonesia Corruption Watch (ICW) report, the potential for state financial losses due to corruption in Indonesia in 2021 is IDR 62.93 trillion. This figure increased by 10.9% compared to the previous year. This figure is also the largest in the last 5 years. State losses handled by the Attorney General's Office amounted to IDR 62.1 trillion, while those handled by the Corruption Eradication Commission (KPK) were only IDR 802 billion. The data can be seen from Figure 2 below.3

Figure 2. State Financial Losses Due to Corruption According to ICW (2017-2021).

70.000

I Potensi Nilai Kerugian Negara Akibat Kasus Korupsi Berdasarkan Tren Vonis Korupsi ICW 2021 , Indon

Efforts to eradicate corruption have been carried out for a long time using various methods, sanctions against perpetrators of corruption have been intensified, but almost every day we still read or hear news about corruption. News about hand-catching operations (OTT) against corruptors is still common. As happened recently in September 2022, the Corruption Eradication Commission (KPK) conducted a hand-catching operation (OTT) within the Supreme Court regarding bribery in handling cases.4 Previously, in August 2022, the Pemalang Regent of Central Java was suspected of OTT by the KPK.5 Various cases of corruption that often occur in Indonesia show that corruption is rampant in Indonesia.

If corruption in a society is rampant and becomes people's food every day, then the result will be that society is a chaotic society, there is no social system that can work properly. Every individual in society will only be selfish (self-interest), even selfishness. There will be no genuine cooperation and fraternity. Corruption also harms the moral and intellectual standards of society. When corruption is rampant, there is no main value or nobility in society. Chandra Muzaffar stated that corruption causes an individual's attitude to place self-interest above everything else and only think about himself alone. If the social climate has been created in this way, then the public's desire to sacrifice for the good and development of society will continue to decline and may even disappear.6

The problem of corruption in Indonesia is increasingly complicated. Even though laws and regulations have been made that regulate sanctions for corruption, there are still many corruptors emerged. Various attempts were made to prevent and eradicate, as a result these efforts were in vain. Even if the corruptor has been legally and convincingly proven to have committed corruption, however, state money cannot be returned to original state.7 Therefore, prevention efforts are also needed as an effort to tackle corruption.

Efforts to prevent corruption are carried out with various actions that still refer to the applicable provisions. Besides that, efforts to eradicate corrupt practices are endeavored not to be trapped in the justification of even the slightest corruption under the pretext of harmonization of people's lives.8 As for one form of efforts to prevent corruption is by internalize the values of Pancasila. This is because Pancasila values can mediate problems in Indonesia, one of which is corruption. The value of Pancasila is an absolute value that is in accordance with the personality of the Indonesian people, by practicing the values as contained in Pancasila it will have a very good impact on the Indonesian state.9 So, it is necessary to have research that discusses "Internalization of Pancasila Values as an Effort to Prevent Corruption Crimes in Indonesia". The problems in this research are: How are the efforts to resolve corruption that have been implemented so far in Indonesia? And how is the internalization of Pancasila values as an effort to prevent corruption in Indonesia?

The research with same theme has been done before by other researchers, but in this research it still has novelty compared to previous research. Like the research conducted by Delia Maharani and Dinie Anggraeni Dewi entitled “Implementasi Pancasila dalam Mengatasi Korupsi di Indonesia”. That research focuses on the application of Pancasila as the state ideology in overcoming corruption crimes that have occurred. Meanwhile, in this research focuses on incorporating the values contained in Pancasila to prevent corruption from happening again in Indonesia.10 Another same theme research is conducted by Murti Ayu Hapsari entitled “Konsep Internalisasi Integritas dan Nilai-Nilai Pancasila dalam Sistem Hukum sebagai Upaya Penanggulangan Korupsi “. That research focuses on the value of integrity as a form of internalizing Pancasila values in legal regulations in Indonesia. Meanwhile, this research focuses on the internalization of all Pancasila values, so not just one value.11

  • 1.    Research Method

This study uses a qualitative descriptive normative research method. The method used in normative legal research is the legal discovery method, which includes interpretation, argumentation, and so on. 12 The research approach used is the statutory approach. As a normative science, legal science contributes spectacular findings to humans, for example findings in the field of civil law rises legal entities, and so on.13 This research uses a conceptual approach to discuss the internalizing Pancasila values in preventing corruption in Indonesia. Then the sources used in this research are legal regulations, books, journal articles, internet articles, and other supporting sources.

  • 2.    Results and Discussion

  • 3.1    Overcoming Corruption Efforts in Indonesia

Corruption in Indonesia is included in specific criminal acts which are regulated in specific laws as well. Forms of corruption are regulated in Law no. 31 of 1999 concerning the Eradication of Corruption as amended by Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes.14 but, at the moment Corruption has been regarded as a normal thing under the pretext of "according to procedure". Political parties are not used as a tool to fight for people interests, but rather as a platform to extract wealth and personal ambitions. Even though the crime of corruption is a very serious problem, because corruption can endanger the stability and security of the state and society, endanger the social, political and economic development of society, even undermine democratic values and national morality because it has an impact on the culture of corruption. So, it must be realized that the increase in uncontrolled corruption will have an impact that it is not only limited on state losses and the national economy but also to the life of the nation and state.15

Corruption is a violation of social rights and economic rights of the community, so that corruption can no longer be classified as an ordinary crime but has become an extraordinary crime. So that the eradication effort can no longer be done normally but requires an extraordinary method.16 Therefore it is necessary to have various efforts in overcoming corruption in Indonesia. There are several efforts made to eradicate corruption, including:17

  • 1)    Preventive Strategy. This strategy must be made and implemented by being directed at the things that cause corruption. Every indicated cause must be made preventive efforts, so as to minimize the causes of corruption. Besides that, it is necessary to make efforts in minimize opportunities for corruption and this effort involves many parties in its implementation so that it can be successful and able to prevent corruption.

  • 2)    Deductive Strategy. This strategy must be devised and implemented especially with the aim that if corruption has already occurred, then corruption will be known in the shortest possible time and as accurately as possible, so that it can be followed up appropriately. With this rationale in mind, there are many systems that need to be addressed, so that these systems will be able as function rules that are sufficiently precise to give a signal when corruption occurs. This really requires the existence of various scientific disciplines such law, economics, political and social sciences.

  • 3)    Repressive Strategy. This strategy must be devised and implemented primarily directed at imposing appropriate legal sanctions in a timely and appropriate manner to parties involved in corruption. With this rationale in mind, the process of handling corruption from the stage of investigation and prosecution up to the judiciary needs to be studied so that it can be perfected in all its aspects, so that the handling process can be carried out quickly and accurately. However, its implementation must be carried out in an integrated manner.

Commitment is not enough to eradicate corruption because preventing and overcoming corruption is not an easy job. This commitment must be actualized in the form of a comprehensive strategy to minimize the four aspects that cause corruption that have been stated previously. The strategy includes preventive, detective and repressive aspects, which are carried out intensively and continuously. The strategy can be carried out through:18

  • a.    Preventive Strategy

  • 1)    Strengthening the People's Representative Council;

  • 2)    Strengthening the Supreme Court and all of the judiciary under it;

  • 3)    Strengthening the ethics code in the public sector;

  • 4)    Strengthening the ethics code in the political party sector, professional organizations and business associations;

  • 5)    Examining the causes of corruption on an ongoing basis;

  • 6)    Improving human resource management (HR) and increasing the welfare of Civil Servants;

  • 7)    Requirement to make strategic planning and performance accountability reports for government agencies;

  • 8)    Improving the implementation of quality management on control system;

  • 9)    Improving the management of State-Owned Assets (BKMN)

  • b.    Detective Strategy

  • 1)    Improvement of the system and follow-up on complaints from the public;

  • 2)    Enforcement of certain financial transaction reporting obligations;

  • 3)    Reporting of the personal wealth of office holders and public functions;

  • 4)    Indonesia's participation in the anti-corruption and anti-money laundering movements in the international community;

  • 5)    Commencement of the use national population number;

  • 6)    Increased APFP/SPI capability in detecting corruption.

  • c.    Repressive Strategy

  • 1)    Establishment of the Anti-Corruption Agency/Commission;

  • 2)    Investigation, prosecution, trial and punishment of big corruptors (Catch some big fishes);

  • 3)    Determining the types or groups of corruption that are prioritized to be eradicated;

  • 4)    Application of the reverse proof concept;

  • 5)    Continuously researching and evaluating the process of handling corruption cases in the criminal justice system;

  • 6)    Implementation of an integrated monitoring system for the handling of corruption;

  • 7)    Publication of corruption cases and the analysis;

  • 8)    Re-arrangement of relations and work standards between the duties of investigators of corruption crimes with general investigators, PPNS and public prosecutors.

  • 3.2 Internalization of Pancasila Values as an Effort to Prevent Corruption Crimes in Indonesia

Corruption is a disease which very difficult to get rid of in this country of Indonesia. Corruption has an impact on various aspects such as corruption can hinder development, the economy, and weaken the character of the Indonesian nation. Therefore, to deal with this corruption, the Indonesian people must further strengthen the values of Pancasila in their personalities and in their daily lives. The values in Pancasila namely:19

  • 1)    Belief in the one and only God. In the first precept, all Indonesian people recognize the precept "Belief in the One and Only God." This precept has various values that can be related to other values with divine values. This first precept contains various values, namely the freedom of every human being to choose what religion and belief and as a place to increase tolerance with people who have different religions. This precept also be a form of one's belief in the power of his God.

  • 2)    Justice and civilized humanity. In this second precept, there is a character of caring for fellow human beings. In this precept we can also know about forms of love for fellow human beings, not discriminating between other human beings and being fair to humans.

  • 3)    The unity of Indonesia. In this third precept, there is a character of nationalism and the unity of every citizen of Indonesia. There is also a value of togetherness and unity for all Indonesian people which have many ethnicities, races, religions, etc. More love for the nation and homeland, there is a form of Bhineka Tunggal Ika means unity in diversity and different but still one.

  • 4)    Democracy Led by Wisdom in Deliberation/Representation. In this fourth precept, it already contains values related to wisdom, leadership, deliberation, and representation. In general, from what has been explained, some of the core values contained in the 4th precept are obtained, such as democracy, consensus, and deliberation.

  • 5)    Social justice for all the people of Indonesia. In this fifth precept, more emphasis is placed on the value of justice for the Indonesian people. But there are other values such as mutual cooperation and kinship, the physical and spiritual well-being of the people.

Corruption is one of the most common scams in Indonesia. This action not only violated state regulations, but also violated the ideology and principles of Pancasila. By deviating from action against Pancasila, it will cause the ideals that are coveted by the state and which over time will be destroyed. Therefore, there is an important matter in corruption against Pancasila, that by committing a corruption it has the potential to destroy Pancasila. When corruption viewed as a habit, shows that the morale of the Indonesian people has declined. Anti-corruption values form the basis for preventing individuals from committing anti-corruption crimes. Corruption must be eradicated because it makes this country unhappy.20

Corruption is a sign that someone has lost God because they do not have a personality that fits the personality of the country. Anti-corruption values need to be internalized to every student in Indonesia through citizenship education as personality education. The anti-corruption values set by the KPK need to be disseminated and even internalized by the Indonesian people, specifically for the younger generation. These values consist of honesty, discipline and responsibility, fairness, courage and consideration, as well as a work ethic which includes perseverance, modesty and independence. The process of habituating anti-corruption values is a precautionary effort in eradicating corruption crimes.21

It is important to activate the values as contained in Pancasila through the essence of the value system. The value system emerges through the translation of norms, such as legal norms, moral norms, and other state norms. Pancasila values that need to be updated, perfected and implemented in people's lives. The renewal and implementation of these values is guided by moral and legal norms which moral norms are good and bad deeds, dignity or rudeness, and human behavior that can be measured by its dignity. Legal norms, on the other hand, in this sense are systems of laws and regulations that apply to a certain place and time, namely legal provisions. To realize the values of Pancasila in the form of moral and legal norms, of course legal guidance is needed. The function of legal guidance is to guard order and security, development agencies, law enforcers and public education are needed.22

Declaring Pancasila values is always inflamed, especially to public officials who are very easy to commit corruption. Pancasila ethical values are also continuously conveyed to the younger generation, especially in early childhood so that the growth rate of corruption can continue to be suppressed. Therefore, the settlement of corruption must be resolved through strong education, especially from the family which is very important to instill an anti-corruption spirit, strengthened by formal education in schools and non-formal outside of school. The purpose of building anti-corruption moral awareness based on Pancasila is to build a mentality through strengthening the community. In tertiary institutions, the strengthening of ethical values so as not to be trapped by criminal acts of corruption can be carried out through personality education, including Pancasila education.23

Basically, Pancasila Education in order to prevent corrupt behavior has long been initiated by various parties including academics and law enforcement officials. The internalization of Pancasila values is to use the power that arises from within the strengthening personal senses through education and habituation. This education and habituation can be carried out by families who instill an anti-corruption spirit, strengthened by formal education in schools/universities and non-formal outside of school. In addition, it is necessary to build anti-corruption moral awareness based on Pancasila, namely building a mentality through strengthening the community. While in higher education this strengthening can be done through personality education including Pancasila and Religion. As for the level of formal education, it is necessary to revitalize the subject of Citizenship Education (PKn) in schools. As a value, Pancasila is not enough to be studied, but must be absorbed, internalized and understood in depth.24

Pancasila is a source of moral law for the Indonesian nation, which is expected to minimize corruption. Indonesia has Pancasila as the source of all sources of law which contain the basic morals and character that the Indonesian people should have. Even though times, Pancasila can become the basic foundation of morals and character taken from the culture and purity of the Indonesian nation as a basis for action.25 Therefore, it is necessary to internalize Pancasila through early childhood education in order to shape the nation's character and morals in order to avoid corrupt behavior.

3. Conclusions

Corruption has become an extraordinary crime. So that the eradication effort can no longer be done normally but requires an extraordinary method. Therefore, it is necessary to have various efforts in overcoming corruption in Indonesia. There are several efforts to eradicate corruption, including through preventive, deductive and repressive strategies. Corruption has an impact on various aspects such as corruption can hinder

development, the economy, and weaken the character of the Indonesian nation. Therefore, to deal with corruption, the Indonesian people must further strengthen the values of Pancasila in their personalities and in their daily lives. As for the internalization of Pancasila values in the prevention of corruption in the form of moral and legal norms through the system at various levels of education and learning.

REFERENCES

Ayu Hapsari, Murti. “Konsep Internalisasi Integritas Dan Nilai- Nilai Pancasila Dalam Sistem Hukum Untuk Penanggulangan Korupsi.” Media Syari'ah : Wahana Kajian Hukum Islam Dan Pranata Sosial 22, no. 2   (2021):   150.

https://doi.org/10.22373/jms.v22i2.7385.

Bunga, Marten, Mustating Dg Maroa, Amelia Arief, and Hardianto Djanggih. “Urgensi Peran Serta Masyarakat Dalam Upaya Pencegahan Dan Pemberantasan Tindak Pidana Korupsi.”  LAW REFORM 15, no. 1 (March 29, 2019):  85–97.

https://doi.org/10.14710/LR.V15I1.23356.

Delia Maharani dan Dinie Anggraeni Dewi. “Implementasi Pancasila Dalam Mengatasi Korupsi Di Indonesia.” Jurnal Pendidikan Tambusai 5, no. 1 (2021): 920–25.

Dewi, Putri Maha. “UPAYA PEMBERANTASAN KORUPSI DI INDONESIA.” PROSIDING SEMINAR UNSA, 2014, 1–8.

Djaja, Ermansjah. Memberantas Korupsi Bersama KPK. Jakarta: Sinar Grafika, 2010.

Febriyana, Diyah, Nagita Octaviani, Thania Anggraeni, and Riska Andi Fitriono. “Implementasi Pancasila Terhadap Kasus Korupsi Yang Terjadi Di Indonesia.” Gema Keadilan 9, no. 3 (2022). https://doi.org/10.14710/gk.2022.16421.

Hadji, Kuswan. “Aktualisasi Nilai Nilai Pancasila Sebagai Norma Dalam Mencegah Korupsi Di Indonesia.” Literasi Hukum 2, no. 1   (2018):   54–60.

https://jurnal.untidar.ac.id/index.php/literasihukum/article/view/761.

Hafidz, Jawade. “SISTEM PERTANGGUNGJAWABAN PERKARA KORUPSI DALAM RANGKA PERCEPATAN PENYELAMATAN UANG NEGARA.” Jurnal Dinamika Hukum      11,      no.      0      (March      12,      2011):      123–34.

https://doi.org/10.20884/1.JDH.2011.11.EDSUS.269.

Ibrahim, Jhonny. Teori Dan Metodologi Penelitian Hukum Normatif. Malang: Bayumedia, 2006.

Ifrani. “Tindak Pidana Korupsi Sebagai Kejahatan Luar Biasa.” Al-Adl 9, no. 3 (2017): 319–36. https://doi.org/10.31602/AL-ADL.V9I3.1047.

Nur, Syurya Muhammad, and Rahmah Ningsih. “Korupsi Mendegradasikan Nilai Etika Pancasila.” Forum Ilmiah Jurnal Bunga Rampai 16, no. 3 (2019): 242–52. https://ejurnal.esaunggul.ac.id/index.php/Formil/article/download/2974/250.

Purwanto, Yedi, and Ridwan Fauzy. “Analisis Terhadap Hukum Islam Dan Hukum Positif Dalam Pemberantasan Korupsi Di Indonesia.” Jurnal Pendidikan Agama Islam 15, no. 2 (2017): 127–40.

Rusmiati, Mei Nur, and Dinie Anggraeni Dewi. “Urgensi Nilai Pancasila Pada Generasi Millenial.” JURNAL EDUKASI NONFORMAL 2, no. 1 (March 4, 2021): 188–97. https://ummaspul.e-journal.id/JENFOL/article/view/1913.

Sacipto, Rian, and Ciptono. “Pembentukan Karakter Anti Korupsi Berlandaskan Ideologi Pancasila.” Jurnal Pancasila 3, no. 1    (2022):    39–50.

https://jurnal.ugm.ac.id/pancasila/article/view/70075.

Saifuddin, Bandaharo. “DAMPAK DAN UPAYA PEMBERANTASAN TINDAK PIDANA KORUPSI DI INDONESIA.” Warta Dharmawangsa 0, no. 52 (2017).

https://doi.org/10.46576/WDW.V0I52.259.

Setiadi, Wicipto. “Korupsi Di Indonesia Penyebab, Hambatan, Solusi Dan Regulasi.” Jurnal Legislasi Indonesia 15, no. 3 (November 21,  2018):  249–62.

https://doi.org/10.54629/JLI.V15I3.234.

SPKN, Badan Pengawasan Keuangan Dan Pembangunan Tim Pengkajian. Upaya Pencegahan Dan Penanggulangan Korupsi Pada Pengelolaan APBN/APBD. Jakarta: Badan Pengawasan Keuangan Dan Pembangunan (BPKP), 2002.

Xaverius Wartoyo, Franciscus, Yuni Priskila Ginting, Pencegahan Tindak Pidana, and Pencegahan Tindak Pidana Korupsi Melalui Perspektif Nilai Pancasila Franciscus Xaverius Wartoyo. “Pencegahan Tindak Pidana Korupsi Melalui Perspektif Nilai Pancasila.”  JURNAL BELO 7, no. 1 (November 11,  2021):  55–67.

https://doi.org/10.30598/BELOVOL7ISSUE1PAGE55-67.

Zuhdi Muhdlor, Ahmad, Hakim Pengadilan, Agama Yogyakarta, Jl Ipda Tut, and Harsono Yogyakarta. “PERKEMBANGAN METODOLOGI PENELITIAN HUKUM.” Jurnal Hukum Dan Peradilan 1, no. 2 (July 31, 2012): 189–206.

https://doi.org/10.25216/JHP.1.2.2012.189-206.

“10 Negara Yang Paling Mencemaskan Isu Korupsi, Indonesia Masuk Daftar.” Accessed January 1, 2023. https://databoks.katadata.co.id/datapublish/2022/10/18/10-

negara-yang-paling-mencemaskan-isu-korupsi-indonesia-masuk-daftar.

“3 Ruang Hakim Agung Di MA Digeledah KPK Terkait OTT!” Accessed January 1, 2023. https://news.detik.com/berita/d-6312553/3-ruang-hakim-agung-di-ma-digeledah-kpk-terkait-ott.

“Bupati Pemalang Dikabarkan Kena OTT, Ganjar : Ini Peringatan, Hentikan Kejahatan Korupsi - Pemerintah Provinsi Jawa Tengah.” Accessed January 1, 2023.

https://jatengprov.go.id/publik/bupati-pemalang-kena-ott-ganjar-ini-peringatan-hentikan-kejahatan-korupsi/.

“ICW: Kerugian Negara Akibat Korupsi Rp62,9 Triliun Pada 2021.” Accessed January 1, 2023. https://databoks.katadata.co.id/datapublish/2022/05/23/icw-kerugian-negara-akibat-korupsi-rp629-triliun-pada-2021.

Law and Regulation

Law no. 20 of 2001 concerning Amendments to Law no. 31 of 1999 concerning the Eradication of Corruption Crimes

11