DECONSTRUCTION OF LAW PRODUCTS

Vice Chairman of the Anti-Graft Commission (KPK) Busyro Muqoddas disclosed and interesting discourse at a recent discussion held in Jakarta. He deemed it necessary to deconstruct law products in order to prevent corruption from expanding in Indonesia. According ti Him, the deconstruction could start by revising totally political party law. Any of the law product deconstruction is transparency in the receipt of donations to political parties. Principally, donor and amount of every donation to political party must be clear.

It’s not the first appeal of KPK’s official to point at criticism at political parties accused of having the largest share in the rampant corruption in Indonesia. Ideas recommending the improvement of political parties, mainly in the case of funding source, have been voiced frequently by many parties so that the ideas came from not only KPK. Actually, the public also share pf the same perspective. It has been a public secret that political paties play important role, even very important role, in the rampant corruption in Indonesia in the current reformation era.

The question is: why is political reformation followed by so massive and extensive corruption practice? Does the deconstruction suggested by Busyro constitute a reality of the rampant corruption? The deconstruction of law products contains an idea removing law products deemed contravening reformation and anti-corruption spirits, and later replacing them by the better ones. Specifically, the idea directed to amputate arm of political parties in a bid to prevent the parties from developing corruption virus has been disclosed since the beginning of the reformation era by parties, starting from academicians, observers, anti-corruption activists even the public at large.

The discourse related to the importance of law product deconstruction re-affirms strong spotlight to the construction of textual law deemed increasingly inadequate in preventing and combating corruption. Moreover, the belief is stronger that only good law could overcome corruption. Surely, it’s understandable if the discourse comes from law enforcers, such as KPK. However, it’s important to add that the rampant corruption in Indonesia is attributable to not only the weakness of the law. Actually, the rampant corruption in the reformation era results from various factors, such as the absence of political ethics, degradation of morality and integrity, weaker nationalism spirit and others.

Undeniably, political reformation not accompanied by legal reformation has caused law to lag behind the corruption reality. Political reformation placing politics as commander has enabled political institutions to find an extremely free space whereilaw is powerless to anticipate weaknesses attributable to the reformation. The birth of political parties without having clear funding source is not anticipated by stipulating a clause related the obligation to disclose funding issue becomes a factor triggering political parties needs funds in a very considerable amount. Consequently, institutions having abundant budget become a target and AMT of political parties.

It’s not easy to demand the parliament to amend law restricting the freedom of political parties to receive donation if political parties have not hand permanent funding sources. Nonetheless, it’s necessary to continue voicing the discourse of law product deconstruction, including clause ruling death penalty against corrupters. However, the most important issue now is the reconstruction of curative effect of law imposing maximal punishment on anybody committing corruption crime.

Jakarta, March 8, 2013

Business News - March 13,2013