Corruption Motives of Agus Sjafiin Pane

8/14/2019 Corruption Motives of Agus Sjafiin Pane

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Corruption Motivesof

Agus Sjafiin Panemicro and semi-macro approach

Ellen Maharani

12 - 09460004964


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Introduction

Crime has been committed by different motives, so has corruption as one of white-

collar crime. Criminals might claim several reasons to justify their motives, but some others

choose to confess. By the classification of motives we say that a murderer kill someone

might stand for several reasons such as defending, doing revenge or being commanded by

other. Pick-pockets, shop-lifters, thieves, robbers, and corruptors, even if they all commit

the same crime called stealing in general, they come from different social-level. Corruptors,

for example, they come from upper level of social status but they still steal the money of the

state. Like quote said, life is always enough to fulfill humans need but not their greed. This

paper would analyze the motives that trigger corruptors especially Agus Sjafiin Pane to

commit punitive measure of corruption through micro and semi-macro approach.

Case in a nutshell

Agus Sjafiin Pane (later, we will call Sjafiin), a functionary of green-line document-

examiner in Kantor Pelayanan Utama of Directorate General of Customs and Excise, was

presumed routinely receiving bribes. The Bribery had been given for simplifying the

procedures of analyzing-point processing and issuing approval letters of import-commodity

releasing (Surat Persetujuan Pengeluaran Barang). This crime was detected while Internal

Compliance Team of Directorate General of Customs and Excise together with the Team

from Commission Eradication Corruption were suddenly inspecting the office of Kantor

Pelayanan Utama on May 30th

2008. From the inspection, they found some money about

the amount of Rp 87,5 millions, USD 1.000, AUD 50, and SGD 23. The money was presumed

from some of importirs weekly or monthly bribery. By the presumption, Sjafiin was

prosecuted for three years six months of prison and 250 millions of fine for breaking the

Article 12th section (b) Corruption Act (UU No. 31 Tahun 1999 which had been amended by

UU No. 20 Tahun 2001 about Pemberantasan Tipikor).

An analysisWe would examine and analyze factors that trigger punitive measure of corruption

through micro and semi-macro approach. Micro approach would examine the case of Sjafiin


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based on Vroomand Maslowtheories. Semi-macro would examine the case of Sjafiin

based on Klitgaardand Torrestheories. At the end, we hoped that this analysis would

give additional information and contribution to society in order to know first and later

minimize the punitive measure of corruption to optimize the eradication and the

enforcement of the Law.

Based on the equation formulated by Victor Vroom,performance is the function

of ability multiply with inner motivation. Motivation itself is consist of expectation and

valance. By the theory, if we want to increase someones positive performance, we have to

assure the positive substances ofabilityand motivation (also expectation and valance). If we

analyze Sjafiin, we might conclude that he has positive ability. Positive ability with high-

intelectuality standardly characterized for almost all functionaries of the green-line

document-examiner in Kantor Pelayanan Utama of Directorate General of Customs and

Excise. To be accepted as functionary even just ordinary employee in Kantor Pelayanan

Utama of Directorate General of Customs and Excise, everyone had to pass the assessment

tests. The chosen people there are usually them who are profesional and have high-integrity

character, so is Sjafiin. Based on Vroom, if someone want something (expectation) and

there is a way to get them, he or she will try (motivation) to get (performance) them

respectively. Sjafiin expected to fulfill his family needs, bring happines to them and also

expect to be rich. This expectation was somehow still in a positive valance. But then the

valance might be turned into negative which made Sjafiin permitted all ways even white-

collar crime like corruption to achieve his expectation. When one substance turned into

negative, the performance as the result ofabilitymultiply with the motivation, would also

turn into negative. Once people had been found in committing crime white-collar such as

corruption, all formerly performance seemed to be nothing for society and everything

became negative.

The negative valance might caused by the temptation of money and high-class life-

style. Abraham Harold Maslow identified five levels of needs in the pyramid

hierarchy which could be mentioned asphysical needs, security needs, social needs (the first

three is called the basic needs), self-esteem needs and self-actualization needs. If we looked

up at the case of Sjafiin, he received bribery ranged from hundred thousands untill hundred


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millions rupiah. He accepted all rupiahs without any higher bargaining upon. Moreover, in

such kind of situations he often called importir to give him some money in order to simplify

the now and the later standard of import-commodity realesing procedures. By then, we

might conclude that Sjafiin was still trying to accomodate the basic needs of him, his wife

and his familiy. Once Sjafiin become bribe-receiver in the state of fulfilling the basic needs,

he would be addicted to continue and later he would become a badly compulser. This bad

habit continued even Sjafiin had already been accepted in Kantor Pelayanan Utama Tanjung

Priok that already adopted new system of Customs and Excises excellent service. He poorly

could not reform his self to the new system of his office. He was still committing bad habit

of receiving the bribery for simplifying green-line procedures in the document-examination

phase. The old mind-set was still on him.

After analyzing in micro approach term, the first semi-macro approach that would be

discussed is about Klitgaardtheory. Robert Klitgaard, the professor of International

Development and Security di RAND Graduate School, Santa Monica in California stated that

corruption might happen as the combination ofmonopoly of powerand discretion by official

laid down without proper accountability. Sjafiin, as functionary in Kantor Pelayanan Utama

Tanjung Priok, had enough monopoly power to issue approval letter to release import-

commodity without additional examination. He had discretion to determine classification of

importir, as green-line or red-line. By then, he want some more money to increase the

intensity of simplifying the service or even enabling to release the commodity without

additional examination. This practice was pretended to be common or usual for Sjafiin. To

minimize this badly negative practice of bribery, the needs of accountability increasingly

demanded. This accountabilityof issuing the approval letter, classifying importir in such line

and making decisions for additional examination should be doubled-increased to equalize

the monopoly of power and discretion by official. The Internal Compliance Team of

Directorate General of Customs and Excise are on charge of control this practice. The team

had already do their best and had to increase and maintain this best performance all and all

in the name of bureaucracy reformation.

Ramirez Torresclaimed that corruption is still thriving caused by the mind-set

of thought. The thought that state reward of corruption is bigger than thepenalty if caught

even if it is multiply with the probability of being caught. Reward of corruption acquired by


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Sjafiin was somehow weekly or monthly routine for years. Sjafiin thought that this bad habit

was usual or common-sense in Directorate General of Customs and Excise because almost

everyone accept and legalize it. By then, Sjafiin assumed that theprobability of being caught

drew toward zero or almost impossible. It was so, because bribery in custom is somehow

like other common practice and everyone thinks that it wont be classified as punitive

measure. Penalty if caught multiply with the number zero of probability of being caught

assumption made reward of corruption in the eyes of Sjafiin became so valuable. Every

hush-money attained, could exceed the nominal of his fifteen millions salary per receiving.

This fact seemed so okay for him whose basic need had not yet fulfilled. Sjafiin forgot that

this zero number of probability of being caughtwas rubbed down by the Corruption

Eradication Commission actions and enforcements day by day. Poorly unfortunately, Sjafiin

got caught and sentenced for four years prison and 250 millions of fine. His formerly

assumption went wrong. He made a try again and again by receiving again and again bribery

in order to fulfill his family basic needs and now he fell down and sentenced.

Before reformation system of bureaucracy took place, bribery was so common habit

to simplify procedures especially in Directorate General of Customs and Excise as one of

composition of high-cost economy harbour. The people there thought that it was common

practice, nothing was wrong indeed. Based on Torrez, corruptors would like to continue

this practice until they change their mind that the probability to be caughtmultiply with the

penalty of being caughtseems to be higher than the reward of corruption itself.

Conclusion and ClosingTo minimize the punitive measure of corruption, we could classify by the four

classification of theories namely Vroom, Maslow,Klitgaardand Torres. Based on

Vroom, we might start to campaignpositive value towards achieving goals through printed

or electronic media by the statement of motivation or by model figure. Klitgaardhad

warned society with his equation that shown the existence of monopoly of powermixed by

official discretion without proper accountability would lead someone into committing

corruption. He warned us all to increase and double the accountabilityof the state in any

level of bureaucracy, turn down the monopoly of powerby controlling system and minimize


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the official discretion through separation of functions. The process of this idealism have to

be guarded by people that already pass the fulfillment of basic needs based on Maslow

(put aside greedy people). The last, we can work together with Corruption Eradication

Commission to achieve the goal of eradicated-corruption of the state. Like the warning of

Torres, we, the poeple of society, may increase the probability to be caught and the

institution of Corruption Eradication Commission may optimize the penalty of being caught.

This will take a process, hard and long process but not impossible if we want to change

ourself.

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http://antikorupsi.org/indo

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http://www.kpk.go.id/modules/news/article.php?storyid=3244

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Kinerja Institusi. Accessed from

http://www.beacukai.go.id/news/readNews.php?ID=1431

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