About Shinta Nurfauzia

Co-Founder of Konsula. HLS'15. UI'10.

Making Anticorruption Education Work: The To Do List

In a previous post, I discussed how in Indonesia, entrenched cultural norms make corruption hard to eradicate, and I argued that because of this anticorruption reformers should promote educational curricula–at the elementary, junior high school, and high school levels–as a long-term mechanism to change the corruption culture. While my earlier post focused on Indonesia, many other countries–such as the Philippines, India, China, and others–are also beset by an entrenched culture of corruption. These countries, therefore, should also adopt anticorruption education initiatives to help change this culture.

But what goes into the design of effective anticorruption education programs? What factors must be considered? How can we ensure that anticorruption education is genuinely effective? While the issues are complex and many are country-specific, I want to highlight six important components of a successful anticorruption education program. Continue reading

Anti-Corruption Education versus Pro-Corruption Culture

For Indonesia, the eradication of systemic corruption is one of the country’s biggest challenges. A central part of Indonesia’s anticorruption strategy has been strengthening the country’s anticorruption institutions, most notably through the establishment of the Indonesian Corruption Commission (Komisi Pemberantasan Korupsi/, or  ”KPK”) in 2002. The KPK has been quite successful over the past decade, yet Indonesia is still perceived as corrupt. One reason for this may be Indonesia’s own pro-corruption culture. Public officials are not ashamed to ask for bribes, and the public and investors are not reluctant to pay them. Indeed, some Indonesian public servants do not even recognize their corrupt acts as illegal or wrongful. For example, when Indonesia’s Minister of Religion Suryadharma Ali was named as a suspect for embezzling money from the Hajj fund, he testified before the KPK that he did not know that his action was corrupt. The same line of argument was advanced by Jero Wacik, another minister named as a suspect in a corruption case by the KPK. These claims may seem absurd, but a person who lived in Indonesia can easily say that a lot of Indonesian people may indeed not know that certain wrongful behavior is (illegal) corruption. For example, giving petty cash to a public official as “gratitude” for expediting the issuance of a national identification card would not be considered as corrupt behavior by many Indonesians.

That a culture of corruption is embedded in Indonesia is not surprising. After all, it was only recently, under the reign of President Susilo Bambang Yudhoyono, that the government began to take significant steps to eradicate corruption. If Indonesia’s pro-corruption culture is part of the problem, as it seems to be, more steps have to be taken beyond “mere” legal reform, institutional reform, and more aggressive law enforcement. Indonesia needs to establish a new strategy and approach in eradicating the endemic corruption, one that takes culture into consideration and implements anticorruption education programs to change this culture. What kind of anticorruption education might effectively change Indonesia’s pro-corruption culture in the long run? Here are three proposals the Indonesian government might consider: Continue reading

Gecko v. Crocodile, Round Three: Indonesia’s Ongoing Fight between the Police and the KPK

In recent years, Indonesia has made substantial progress in fighting corruption. Many observers, both inside and outside the country, attribute much of this success to Indonesia’s anticorruption commission, the KPK. Since its establishment in 2002, the KPK has imprisoned hundreds of tainted businessmen, politicians, and government officials. Thus, it is not surprising that the KPK has made many enemies who are continually trying to weaken, and even dissolve, the KPK as an institution. Some of the fiercest resistance to the KPK has come from the Indonesian National Police Force. Unfortunately, for six years now there has been a simmering conflict between the police and the KPK, which has occasionally erupted into dramatic confrontations. Although the KPK has generally prevailed in these conflicts, the most recent confrontation may be the most challenging yet. The history of this conflict suggests some possible lessons for how to manage the tensions that an aggressive anticorruption agency can sometimes produce. Continue reading

Rescission of Contracts and Revocation of Licenses As Means to Combat Corruption

Article 34 of the UN Convention Against Corruption (UNCAC) generally requires that each State Party “take measures … to address the consequences of corruption.” In recognition of the fact that government contracts and licensing processes have been among the areas most prone to corruption and bribery–and of the fact that the threat of criminal punishment may not be a sufficient or even viable deterrent to such corruption–UNCAC Article 34 further declares that “States Parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action.” Although that second sentence of Article 34 is not mandatory, State Parties–particularly demand-side countries with an unfortunate reputation for corruption in government contracting (such as Kenya, Guinea, Indonesia and Philippines) should adopt that principle into their national laws.

Law providing for the nullification of contracts or concessions procured through corruption would be a strong deterrent to bribe-paying by firms. Although such bribery is already illegal, in some cases criminal punishments are simply insufficient to deter corrupt practices conducted in demand-side countries. Often the threat of sanctions is low, and even though some companies have been hit with substantial sanctions, this loss has been mitigated by the profits acquired by the operation of the tainted contract or license. And a company might think twice before acceding to a bribe demand from a lower-level public official (or even a high-level official) if the company knows that, by paying the bribe, they may be putting the whole contract in jeopardy if the government later decides it wants to reneg on the deal. Moreover, if a demand-side country were to adopt a law that allows for nullification of any government contract or concession procured through corruption, it would send strong signals to that international community that this country will no longer tolerate these corrupt practices. Continue reading

Should Anticorruption Agencies Be Able to Veto Cabinet Appointments?: The Case of the Indonesian KPK

Independent anticorruption agencies (ACAs) have become a vital component for many countries in combating corruption. Generally, these ACAs function like independent police or prosecutors, taking on one or both of those roles in settings where the ordinary law enforcement apparatus cannot be relied on to investigate, arrest, and prosecute corrupt officials. In addition to these prosecutorial responsibilities, ACAs sometimes oversee asset disclosures, and may also perform a public education function. But for the most part, ACAs do not play a direct role in selecting or vetting senior political officials. Should they?

This question is not merely hypothetical: Indonesia recently elected as its new president Joko Widodo, a reform-minded candidate who promised “zero-tolerance towards corruption” during his campaign (see a previous post discussing his election here). Last month, President-Elect Widodo took the unprecedented step of submitting his list of proposed nominees for cabinet positions to Indonesia’s powerful Corruption Eradication Commission (Komisi Pemberantasan Korupsi or “KPK”) for evaluation–and approval–before the list of nominees was finally made public. The KPK rejected eight of his submissions, with the result that President Widodo delayed the announcement of his cabinet compositions until he replaced these eight candidates with other nominees approved by KPK. Four days later, Widodo announced his cabinet composition, which presumably did not include the eight individuals to whom the KPK objected.

While the decision to give the KPK a de facto veto over cabinet appointments is in some ways an encouraging development–one that many Indonesians might appreciate as brave, progressive move, which enlarges the power of the popular KPK–it is troubling in certain respects, and should prompt more careful scrutiny and regulation. Continue reading