KORELASI KORUPSI POLITIK DENGAN HUKUM DAN PEMERINTAHAN DI NEGARA MODERN (TELAAH TENTANG PRAKTEK KORUPSI POLITIK DAN PENANGGULANGANNYA)

Abstract

This dissertation is based on political corruption study and its correlation to the law and governance in modern countries. Academically, this scientific writing was aimed at identifying how political corruption correlates to socio-political, socio-economic, socio-cultural, socio-juridical and human right dimensions. To have social relevance to juridical analysis, this dissertation also analyzed the strategy/policy to overcome the political corruption phenomena. Literary analysis and interviews with several experts having relevant scientific competence were the main basis for the research to compose this dissertation. The correlation between variables of the data obtained from the analysis of the content and the norm was described. The phenomena of legally prohibited corruptions were also compared. The impacts of political corruption by those holding political position on political, social, economic, and cultural aspects in modern countries were analyzed. This dissertation focused on political corruption by the governmental heads. This dissertation used holojuridical law that contains values inseparable from the natural environment. The political corruption analyzes in several modem countries, it is clear that political corruption has more extensive impact than corruption by the people without political position. The entity of political corruption is closely related with the power. Political corruption always attempts to maintain and extend the power abuse and the need for socio-political order requires equivalent control role in the implementation of the power. The character of constitutional norms in regulating strategic rights and ownership system of the people seem to correlate with political corruption. Governments are mandated to regulate and distribute national property, which is potentially abused by the authorized power holder. In feodalistic community, there is less power control than in egalitarian community. Other factor correlating to political corruption is the consumptive culture among the people in a country, especially the culture held by the people in power or those in political position. Foedalistic legal system and law enforcement correlates to political corruption. Systemic political corruption is an extra-ordinary crime_ Political corruption has a correlation in ideological law and law enforcement system. This is apparent in consistent norms of kosmos, logos, teknologos, and social reality. Political corruption correlates to human rights violation by governmental heads because political corruption is closely related to the desire to maintain and extend power. The overcoming of political corruption requires specific legal norms (nomologos) and law application procedure (teknologos), because it relates to political crime and/or people having economic power. The political and economic position held by political corruptors has logical consequence that requires reverse proofing and strict penalty. Integrated law enforcement needs the preconditions of law enforcers ideology as the law enforcement software.