TEMPO.CO, Jakarta - The large number of regional heads who have found themselves involved in corruption cases shows the dark side of democracy. They raised funds from bribes as capital for their re-election campaigns. Laws should contain provisions to prevent these dirty practices, rather than encouraging them.
The latest example is the detention by the Corruption Eradication Commission (KPK) of Asrun, who is standing for the governorship of Southeast Sulawesi. He is alleged to have taken Rp2.8 billion in bribes from an infrastructure project contractor. Asrun, who was mayor of Kendari for two terms, went into a frenzy of illegal fund-raising. He is alleged to have asked his son Adriatma Dwi Putra who is now mayor of Kendarito ask for payments from companies who had won tenders for regional government projects.
The Asrun scandal adds to the long list of regional head candidates detained by the KPK. Four regional heads had already been detained for similar alleged offenses. Further arrests on a large scale are possible, given that the KPK has indicated that around 90 percent of regional head candidates are potential corruption suspects.
High political costs are one factor behind corruption in the regions. The 'dowries' demanded by political parties from candidates for regional head positions are becoming ever larger. Then there is the significant spending on the election campaign. These rising political costs become even higher if candidates resort to dirty tricks such as bribing voters.
The government, together with the House of Representatives, should produce a law to prevent these practices that damage democracy. Law No. 10/2016 on the Election of Regional Heads still has loopholes allowing for dishonesty with political funds. The limits on personal donations can still be circumvented by dividing contributions between multiple accounts.
Many regional candidates, especially incumbents, take advantage of these loopholes by raising funds to contest regional elections. The KPK has also noted donation requests from project contractors related to the granting of permits, another practice that has the stench of corruption about it. Yet another tactic, as reported by the Center for the Reporting and Analysis of Financial Transactions (PPATK), is requesting donations from local government-owned companies. The PPATK discovered this method of making donations by dividing funds through a number of private bank accounts.
The government's commitment to fight corruption is increasingly being called into question by the appearance of a strange agreement involving law enforcers. The Home Affairs Ministry, the Attorney General's Office and the National Police signed a joint agreement on the handling of corruption complaints. One item in the agreement makes it possible for corruption cases involving officials not to be prosecuted if the corruption funds have been repaid. This policy clearly contradicts the principle contained in the Corruption Eradication Law: that the return of embezzled funds does not erase the criminal act.
The implementation of democracy will bring many disadvantages if the people running the country ignore the law and compromise with corruption. For example, regional head candidates who have been arrested for taking bribes should automatically be barred from running for re-election. The assumption that voters are capable of electing clean leaders is invalid because votes can be bought in this country.
Without serious efforts to prevent corruption in the regions, the KPK will continue to be busy arresting regional heads.
Read the full article in this week's edition of Tempo English Magazine