THE PERNICIOUS CONSEQUENCES OF POLITICAL CORRUPTION IN INDONESIA

Political corruption is an ethical and juridical deviation committed by people with positions of political power. Political corruption has a more structured system than general corruption cases, because political corruption is committed to satisfy the interests of political parties. Political corruption cases are commonplace in a country where political corruption is rampant. This is a normative legal research, using a case approach, conceptual approach, and statutory approach, as well as qualitative analysis. Based on this analysis, it is conclusive that political corruption is an action carried out by political elites or state government officials that has an impact on the country's political and economic situation. People and or parties who have political positions usually commit these acts. Political corruption can be in the form of abuse of authority, granting influence, lobbying, self-enrichment, votebuying, and election fraud. In terms of effectiveness of the law, the pervasive political corruption in Indonesia is attributed to ineffective law enforcement related to political corruption. In fact, some former corruption convicts may become a corruption recidivist simply because the law enforcement of political corruption fails to have any deterrent effect due to the disharmony between laws and regulations related to political corruption. The rampant political corruption practices result in violations against the principles of good governance.

Normatively, the Law on corruption eradication has never formally stated the formulation of the term political corruption. However, in the development of law enforcement, this type of political corruption is clearly seen in a number of corruption case decisions as an incriminating matter from a conviction. This will be a problem considering that normative instruments are apparently not enough to eradicate corruption.
Political corruption is defined as the use of political position to improve personal wellbeing. Public office that should provide public welfare is used to merely increase personal coffers through receiving bribes or other indirect forms of remuneration. 5  The author was encouraged to examine the consequences of political corruption in Indonesia because political corruption has a more structured system than general corruption, because political corruption is committed to satisfy the interests of political parties. The crime of political corruption is controlled and protected by party elites who control all aspects of the state.
Corruption is a universal problem faced by all countries and a complex problem that is hard to eradicate. This is because corruption is not only related to economic problems, but also related to political problems, power, and law enforcement. The fact is that corruption will never disappear in a country with rampant political corruption.
In Indonesia, the problem of corruption has tainted all aspects of Indonesians' lives.
Moreover, corruption in Indonesia occurs systematically and extensively so that it not only harms the country's finances, but also violates the social and economic rights of the community at large, thus, it is necessary to eradicate corruption through extraordinary means. Given the above problem, the researcher formulated the research problem related to the legal consequences of political corruption in Indonesia. This research journal is written to identify and analyze the legal consequences of political corruption in Indonesia.
This study addressed the research problems using normative legal research, namely legal research carried out by examining literature or secondary data. 8 The object of normative legal research focuses on the principles of law, legal systematics, the extent of legal synchronization, the history of law, and comparative law. 9 The study was conducted using a case study, conceptual, and statutory approaches 10 by studying documents. The collected data were analyzed using qualitative analysis.

Conceptual Framework of Political Corruption
In the new era of globalization, corruption has become a serious crime that affects multilateral international relations. The impact is even worse when the corruption involves political elites than the general corruption cases committed by those who do not hold any political power. Political corruption committed by high officials in a country is commonplace in various countries worldwide. Political corruption has a pernicious impact on state governance and violates the basic rights of the people of the country. However, the development of law enforcement of political corruption in Indonesia, based on a number of court decisions, has raised the term political corruption as an aggravating circumstance in the formulation of a criminal offenses, which has been regulated in the Law on the Eradication of Corruption.
Another opinion states that political corruption is an act of corruption by an entity, which happens to be a political party. This is based on the term "other relations" used in Corruption. 11 In defining criminal acts of corruption by entities, or "enterprise" corruption, it is undeniable that political parties are entities that are not business oriented, but are more politically oriented, because political parties are a form of enterprises among many people in an institution. The phrase "other relations" in Article 20 paragraph 2 indicates that there is a relationship between people who commits corruption with a political party, that is, his position within the institution. In this case, it is clear that the alleged perpetrator should be investigated based on the utilization of the corruption assets, whether solely for personal gain of for the interests of his political party, or both. 12 The following are various laws and regulations related to corruption eradication: Corruption offenses that are not drawn absolutely from the Criminal Code are offenses taken from the Criminal Code which, under certain conditions related to the examination of corruption, are adopted into corruption offenses, but in other circumstances remain offenses regulated by the Criminal Code. Unlike absolute withdrawal, the provisions of this offense in the Criminal Code still apply and can be used to charge a perpetrator whose actions meet the elements of the statute, but if the action is related with the examination of corruption offenses, the perpetrator will be charged with an offense as regulated under the corruption eradication law. Political corruption is distinguished by the fact that the perpetrator is a person or body that has political power and violates the law. The act invokes legal, political, economic, human rights and moral consequences. Perpetrators of such offenses intend to benefit themselves, other people, or bodies by abusing their authority, opportunities and facilities because of their position or political position. 14 Political corruption can take the form of abuse of authority, using influence, lobbying, vote buying, and fraud in elections. Thus, political corruption is essentially the vanishing ability to stay loyal, both to the people, the state, regulations or principles. Such actions commonly result from political temptations and challenges making the perpetrators ignore or betray the trust, the mandate or hope of the people, the state duties, and morality.
According to Heidenheimer, political corruption is corruption that occurs in societies with a nature of patron-client relationships. It is different from the common corruption occurring in societies with familial nature of community relations, which is only characterized by a small bribe or "food allowance." Political corruption has a broad impact in various fields of public service because it is committed by those with high levels of authority. 15 Political corruption is an action committed by political elites or government officials who have an impact on the political and economic environment of a country. Such acts are commonly committed by people and / or parties who hold political power, such as the president, the heads of government, the cabinet ministers, and members of parliament.
These government authorities can use political facilities they possess despite the fact that the misused facilities are entrusted to them by the people. 16 Political corruption not only adversely impacts politics, but also on the economy.
Theoretically, no one is immune from the repercussions of any violations against the law and the dangers of misuse of political power or economic power and political corruption that damages state institutions. A good economic system is closely related to good legal structure. Robert Dahl, an American political expert, stated: "The best economic order would help generate a distribution of political resources favorable to the goals of voting equality, effective participation, enlightened understanding, and final control of the political agenda by all adults subject to the laws". 17 A functioning economic order will help produce a distribution of political resources,

Enforcing Laws to Combat Political Corruption
The impact of political corruption is extraordinarily pernicious in Indonesia, especially when the political elites use their offices or influence attached to their positions.
Political corruption occurs through various avenues, not only in the many political parties, but also in many individual leaders of political institutions. The government in the reform era has promised to consider corruption as a serious problem, but in fact, until now, it has been hard to eradicate.
It is possible to observe the development of prosecution related to political corruption in Indonesia from several cases of corruption. Political corruption can be in the form of abuse of authority, granting influence, illegal lobbying, enrichment, vote buying, and fraud in elections.
One example of political corruption is illustrated in Decision No. 1195 K / Pid.Sus / 2014 Corruption Case in the name of the defendant Lutfi Hasan Ishaaq. In that case, the court found that Defendant Luthfi Hasan Ishaaq was proven legally and convincingly guilty of committing the crime of "Corruption and Money Laundering." As a result, the Defendant was sentence to imprisonment for 18 (eighteen) years fined of Rp1, 000,000,000.00 (one billion rupiah) provided that if the fine is not paid, it is replaced with imprisonment for 6 (six) months The Defendant's right to be elected to a public office was also revoked.

The Legal Consequences of Political Corruption in Indonesia
Corruption is a commonplace problem in Indonesia and should be addressed as a serious problem because it has penetrated all walks of life in a systematic way. History revels that corruption has existed a long time ago, both before and after independence. It was rampant during the old order era, rampant in the new order era, and persists in the reform era. 18 The currently pervasive corruption has increasingly devastated the nation, since it is a type of social disease, which inevitably will drive the country to the brink of bankruptcy.
The massively practiced corruption in all lines of government agencies and even in law enforcement agencies has turned into a corrupt system that make people deem the phenomenon as something normal. This shared belief, in consequence, will make the 18 Rudi Pardede, Proses Pengembalian Kerugian Negara Akibat Korupsi (Genta, 2016) 1.
perpetrators no longer be ashamed in committing corruption. Even worse, they may take pride in the assets of corruption. 19 Jhon S.T. Quah, a corruption eradication expert, identified three patterns of corruption eradication initiatives in Asian countries. The first pattern is that the state has an applicable corruption eradication law but does not have an independent corruption eradication body. In the second pattern, the state has a corruption eradication law with many corruption eradications bodies. In the third pattern, the state has a corruption eradication law with an independent corruption eradication body. He argues that the third pattern is the most effective model of corruption eradication because an independent body that solely focuses on eradicating corruption will not be deflected by other priorities. 20 However, adopting the third pattern alone cannot guarantee the success in eradicating corruption. As seen from various cases in Hong Kong and Singapore, political support is very important in supporting corruption eradication bodies with adequate resources, competent staff, and extensive authority to investigate and reveal corruption cases. 21 Corruption eradication policies must also be supported by the principles of good governance and the principles of sustainable development. This can be done through the following steps or conditions: 22 1. A regular inspection on the executive, legislative, and judicial powers; 2. A clear line of accountability between political leaders, the bureaucracy and the people; 3. An open political system involving active civil society; 4. An impartial legal system, criminal justice and public order that upholds fundamental political and civil rights, protects personal security and provides consistent, transparent rules for transactions needed in modern economic and social development; 5. Professional, competent, capable and honest public servants that work within an accountable and governing framework with rules and in principles of merit and prioritizing the public interest; 6. Capacity to carry out fiscal plans, expenditures, economic management, financial accountability systems and evaluation of public sector activities; 7. Attention not only to the institutions and processes of the central government but also to the attributes and capacities of sub-national and local government authorities and issues of political transfer and administrative decentralization; and 8. Every effective anti-corruption strategy must recognize the relationship between corruption, ethics, good governance and sustainable development.
Corruption eradication policies that are not supported by the principles of good governance and the principles of sustainable development will lead to the emergence of political corruption with various modes of corruption.
The parameters of the legal consequences of political corruption as one of the factors inhibiting the eradication of corruption in Indonesia, is apparent from the Corruption Perception Index and the National Law Enforcement Index of corruption.

Corruption Perception Index
Political corruption is a type of corruption, which contains elements of political

National Law Enforcement Index
The National Law Enforcement Index illustrates the effectiveness of the Law Enforcement on political corruption. Law enforcement measures are said to be effective when the number of political corruptions revealed from time to time decreases and even leads to zero cases. However, the facts say that the quantity of corruption increases from day to day. One of the following cases of political corruption is evidence that corruption law enforcement has not been effective, and thus has led to many cases of political corruptions with various modes.
A noteworthy case is the political corruption in the city of Malang, East Java, which suddenly became a national concern, because of the mass corruption involving 41 out of 45 members of DPRD of Malang City, who were named as corruption suspects by the KPK. These 41 local parliament members were allegedly receiving bribes from the Malang Mayor (non-active) Moch Anton, who was also a suspect. The bribes worth IDR 12.5 million to IDR 50 million for each member were intended to facilitate the approval of the 2015 Malang City Budget changes. The mass corruption committed by the representatives of the people of Malang is ironic and concerning. The DPRD members, who should monitor the executive work have collaborated with the executive to commit corruption. This event not only affected Malang City, but also led to people's distrust in almost all regional parliaments. Unfortunately, such mass corruption involving multiple DPRD members is not the first time to happen in history. In April 2018, the KPK named 38 North Sumatra DPRD members as corruption suspects. In addition to the Corruption Eradication Commission, the prosecutor's office has also assigned the status of corruption suspects to 44 members of the West Papua provincial DPRD for the 2009-2014 period. 24 There are at least five modes of corruption that commonly committed by DPRD members. First, accepting bribes to facilitate the accountability reports of regional heads or the approval of the Regional Budgets (APBD). Bribes in this way are often called "ketok palu" (money to influence decision making). In this way, to prevent rejection from the legislature, the regional head must issue bribes to the leaders as well as all members of the DPRD. Second, illegally increasing the income of members and leaders of the House through the DPRD budget process. Third, inserting a project or special allocation through the budget proposed by the government. Fourth, APBD fund users are not in accordance with the allocation and without supporting evidence. Fifth, bribery in the process of drafting and ratifying a regional regulation. 25 In addition, the high political costs in Indonesia is also potential to cause political corruption. An example of this was the corruption case in Malang. Out of 41 Malang DPRD members who were named as suspects, 20 people ran again in the 2019 election.
To fund their political campaigns, for example, each party must spend billions of rupiah.
This is the driving factor why government officials and DPR or DPRD members are corrupt. No wonder after winning the office, they will have to earn money to recoup the costs for their campaigns. The only way to do this is by trading their political power for profit, such as through the budgeting processes that involves the DPR or the government, or the appointment of governors and regents that always require money politics. These appointed executive officials, in turn, will seek money illegally 26 when elected to the board or active in the government. A repeated pattern of corruption arising from several cases now being handled by the KPK or other law enforcement agencies is by way of giving bribes or enrichment indirectly to the related party of the authority or gift intended to the closest circle of the authority. This close relationship with the authority is expected by the bribe giver to influence the authority to do or not do something in his authority that benefits the bribe giver in a quid pro quo. It is in this context that influence trading occurs. 27 In addition, the consequences of political corruption when viewed from the effectiveness of the law in eradicating corruption in Indonesia can be measured from the extent to which the rule of law regarding corruption is obeyed or disobeyed. According to Soerjono Soekanto, legal effectiveness is determined by the level of community compliance with the law, including law enforcers, so that it is possible to assume that, "a high level of compliance is an indicator of a functioning of a legal system. And the functioning of the law is a sign that the law has achieved the sociological goal of defending and protecting the community in the association of life." 28 Furthermore, according to Soerjono Soekanto, the effectiveness of the law is closely related to the efforts made so that the law truly lives in society, in the sense that it applies philosophically, juridically, and sociologically. Philosophically applicable means that the law is valid as desired or that aspired by the existence of the law. Applied legally means that it applies according to what has been formulated and applied sociologically means that the law is obeyed by the community members. 29 Referring to the effectiveness of the law according to Soerjono Soekanto, the facts indicate that the deterrent effect has not yet been achieved in the enforcement of political corruption law and there is a disharmony between laws and regulations related to political corruption. An example of this is discriminatory and unjust rules; non-explicit certifications (non-lex certa), or vague and ambiguous laws that lead to multiple interpretations; and contradictions and overlap with other regulations (both equal and superior  based on a court decision that has obtained permanent legal force due to a criminal offense threatened with imprisonment of 5 (five) years or more, unless openly and honestly telling the public that he was a former convict." This decision immediately triggered piercing criticism of the Supreme Court, which was considered to distance itself from progressive law, no longer upholding the principle of justice, and "approving" the return of corrupt officials to legislative bodies. However, despite this particular ruling, the Supreme Court remains consistent and persistent in eradicating corruption in Indonesia. The Supreme Court is of the opinion that it is only to straighten out for the sake of the law according to its content that a lower regulation must not conflict with a higher one. However, when viewed from the logic of the law, the substance of the law also contradicts the principles of justice, which currently strive to eliminate corruption that is increasingly pervasive. The example of disharmony between the laws and regulations above results in the legal ideals of the law enforcement goals of political corruption and the deterrent effect that has not been achieved because various interpretations arise between related regulations and even recidivists of political corruption.
As written in the ICW release by Tribunnews.com, it is illustrated that the deterrent effect of political corruption has not been achieved, citing recidivist political corruption officials, including: 31 Abdul Latif (Regent of Hulu Sungai Tengah) who, on January 4, 2017, was arrested in a KPK sting operation (OTT) over the bribery case of the The government must prioritize resolving corruption cases because the problem of corruption is always related to the basic economic and economic life of the nation. There must be a joint commitment in the spirit to eradicate corrupt behavior between the community and the government, both on national and international scope to overcome the problem. There should be a priority to pay attention to corruption handling because it may disrupt and inhibit the development of nations, hinder the achievement of national goals, undermine the optimal use of national resources, threaten the entire social system, damage the fostering of state apparatus and clean and authoritative government and damage the trustworthiness and authority of the nation environmental quality. 32 Corruption by politicians always hides behind the cover of official policy that inhibits the process of democratization. Political corruption is an abuse of public trust for private gain or related to the interests of perpetuating power. This is due to a sense of obligation to pay back to the party and its supporters who have served to position themselves in the power elite.

C. Conclusion
Based on the given description, it is concluded that political corruption is an action carried out by the political elite or government officials of the State that has an impact on the political and economic situation of the State. This act is usually carried out by people and or parties who have political positions or power. The political corruption pattern may take the form of abuse of authority, granting influence, lobbying, enrichment, vote buying, 32 Barda Nawawi Arief, Bunga Rampai Hukum Pidana (Alumni, 1992) 133. and election fraud. The legal consequences of political corruption in Indonesia can be seen from the achievement of legal effectiveness related to political corruption. In fact, there are former corruption convicts who repeat the political corruption crime since they do not receive any deterrent effect of law enforcement for political corruption. In addition, there remains a disharmony between the laws and regulations related to political corruption. The rampant political corruption practices result in violations of the principles of good governance.
It is necessary to reinforce the laws, and regulations related to political corruption because the existing legal instruments regarding corruption are not yet able to provide a deterrent effect for corruptors. Therefore, we need to consistently implement the principles of good governance.