26 International Journal of Criminology and Sociology, 2020, 9, 26-36 Corruption Culture on Managing Natural Resources: The Case Political Crime “Papa asking Stock of PT. Freeport ”

Bambang Slamet Riyadi1,2,* and Muhammad Mustofa2

1Lecture of Law at Faculty of Law, Universitas Nasional, , Indonesia; Student of Doctoral Criminology, Departement of Criminology, Faculty of Social and Political Science, Universitas Indonesia, Campus Universitas Indonesia Depok, Depok City, , Indonesia; Student of Law Program Doctoral, Faculty of Law, Universtas Gadjah Mada, Indonesia 2Profesor of Criminolgy at Departement Criminology, Faculty of Social and Political Science, Universitas Indonesia, Campus Universitas Indonesia Depok, Depok City, West Java, Indonesia Abstract: This research is the result criminology study on corruption culture of abusing the office and power involved the political elite and state officials in case of 'papa asking the stock’ related to the extension of mining contract of PT. Freeport Indonesia. This research is based on the concept of corruption culture, criminological theories and views of some economic and political observers. The research findings revealed the existence of corruption culture on political crime agreement scenario in case of “Papa Asking The Stock” that are provoking the extension of concentrates export license, diversion of issues and political lobbying to suppress stock divestment and smelter development. The nature of social structures and socio-cultural situations, responses to social situations and relationships with the perpetrators affecting individuals and groups crime behavior. A previous social culture behavior encourages learning in behavior at the society afterwards. State creates the crime laws to protect and maintain its power. The perpetrators rationalize the criminal act on securing and save their interests. Rationalization of corruption culture on the case of ‘papa asking the stocks’ bring forth the law de-penalization mitigating and generating a verdict not guilty to the perpetrators. Corruption culture identical with crime organized state or state crimes against democracy Keywords: Corruption culture, white-collar crime, political crime, crime behavior, social structure.

1. INTRODUCTION treason act against the state or terrorism act to date becomes top agenda of the state. However, during this The research of corruption culture in Indonesia is a reform, although in the past it was also committed, very complex research involved psychological, social, corruption culture is more prominent its handling on the moral law and justice studies should be carefully criminal behavior of political elite or state official which distinguished. Political crime, in criminology, was in the circles of power, particularly related to the abuse explained to be a criminal act of offender that aimed to of office authority or its authority, using public change an existing social culture situation, change an resources for private purposes and power groups established political order as well as to state and interests religion in against the law. Szabo (2011:10) reveal that political crimes are those infractions committed for Corruption culture, the relationship between crime reasons over and above the self-interest of their and power, actually has been long and intimate. In perpetrator and which are an attempt to achieve particular, many people perceived ’s New changes of a political, social or religious order. How to Order regime to be a criminal regime because it’s do the crime is contrary with opinion of many society so institutionalized corruption, collusion, nepotism and the act committed is violation to the common law. political crimes. In reform era, the efforts to crack down Meanwhile, Borgatta and Montgomery said that many western classical sociologists and criminologists limit political crimes committed by political elite and state definition of political crimes only to crimes committed officials, particularly related to the crime acts of against the state like treason, sedition, sabotage, corruption, collusion and nepotism, Indonesian terrorism, espionage, subversion and conspiracy Government has established institutions of corruption (Solomon & Oryina, 2016). crime eradication, known as KPK (Corruption Eradication Commission) Corruption culture on management natural resources in Indonesia during this time refers to the Since its inception 20 years ago, the KPK with its surveillance function has been the greatest weapon

*Address correspondence to this author at the Legal Consultant & Audit against corruption and political crime in Indonesia. Forensic Indonesia; Jalan Margonda Raya Number 45, Pesona Khayangan Wiretapping and ‘hand capturing’ operations allows the Estate II. Blok DF/6, Rt.002 RW, 028, Kelurahan Mekarjaya, Kecamatan Sukmajaya, Depok City, Code Post: 16411, West Jawa, Indonesia; officer for rapid collection of evidence and led to arrests Tel: +62815-1004-8888; E-mail: [email protected]

E-ISSN: 1929-4409/20 © 2020 Lifescience Global Corruption Culture on Managing Natural Resources In Indonesia International Journal of Criminology and Sociology, 2020, Vol. 9 27 of hundreds of national and regional politicians, state 2.3. Research Purposes managers and officials, judges and businessmen exchanging cash for political favors. But at the top level For researchers, corruption culture on case is of political elite and state office the KPK’s penetration interesting to study because the solution was has been very limited. It has been unable to investigate impressed closed and not transparent. Many the biggest case involved a powerful figures like awkwardness were found in solving this case. The presidents, their spouses and children as well as cases that should be in the corruption of culture, realm, and handed over its investigation to police and political bosses (Mulholland, 2016) prosecutors, only submitted to the Council Honor Court The number of cases that cannot be resolved, (MKD) which considered the case only as a case of particularly the crimes handling involved public officials violation of the code of conduct based on consideration or political bosses for 2 years under President Jokowi- of the Court of Constitution (MK), then not presented JK administration since 2014-2016 shows clearly the the main witness of offenses to be confronted his performance of law enforcement that can be said still explanation until drama of the reported from his weak. It was alluded to Democratic Party Chairman, resignation as the Chairman of House of (SBY) the sixth ex Representative, which can freely even got the right of Indonesian president. SBY hopes the judicial process prosecution for vindication to MKD who sat as the for this government no longer enforced by intervention reported and regain his position as Chairman of House of power, since people saw there is the invisible hand of Representative. that makes the performance of law enforcement in Indonesia become obstructed and deteriorated (Top 3. DISCUSSION AND ANALYSIS News, 2016). 3.1. Corruption Culture on Political Crime Defined 2. RESEARCH METHODOLOGY Corruption culture is crime behavior and act is not This research method is qualitative. Creswell simply dominated by the criminals on street such as defines a qualitative method as a research method that theft, robbery, rape, murder, assault etc. but also have bases on a constructivism perspective, meaning penetrated in the parliament house government diverse meanings, meanings that are socially and bureaucracy and political domain. Sutherland historically constructed with a view to developing a (Ferguson 2010), the crime in the first category is often theory or pattern. The researcher collects open-ended related to “street crimes”, while the other as “white color data and develops, with the aim of developing the crime,” “political corruption” and “political crime”. This theme of the data that is passed. three last term are seldom related to penal law but a little They almost identical in case who was doing the 2.1. Research Analysis crime and under what interest the perpetrator was done the crime, the locus the crime was done, either in state This research aims to study corruption culture in or political domain. Before discussing about political Indonesia on case politic economy that many draw of crime in Indonesian parliament, especially in the case public attention, the case of ‘Papa Asking The Stock’ ‘Papa Asking The Stock of PT. Freeport Indonesia, this PT. Freeport Indonesia, the evil agreement cases article will first describe at a glance the term crime, involved many interests and high state officials. These white color crime, political corruption and the political cases involved Chairman of House of Representatives crime. Setya Novanto, Minister of Energy and Mineral Resources Said, Oil and Gas Entrepreneurs Standard definitions of corruption of cuture, in Rizal Chalid, President Director of PT Freeport society, identical with all behavior that breaks the Indonesia, Ma'roef Sjamsoeddin and profiteering behalf criminal law or including dimension such as ‘evil act’. of President Jokowi and Jusuf Kala and some other According to Reiner (Tierney, 2006:13) definition of state officials such as the Coordinating Minister for crime as: ‘an illegal act, omission or event, the Politics, Law and Security, Luhut Pandjaitan (Cerana consequence is that the perpetrator, if he is detected net, 2015) and follow-called the former Coordinating and decided to prosecute, is prosecuted by or in the Minister for Economy, Hatta Rajasa, Indonesia's fifth name of the State’. Reiner uses these statements as a president, Megawati Soekarnoputri, Gerindra Party means to explain that lawyers have for a long time Chairman, Prabowo, as well as Office Deputy of accepted that no human activity is criminal and Presidential staff Darmawan Prasodjo (Indiana, 2015). deviance is not a quality of the act the person commits, 28 International Journal of Criminology and Sociology, 2020, Vol. 9 Riyadi and Mustofa but rather a consequence of the application by others of illegal gain, or to commit an illegal act for personal or of rules and sanctions. organizational gain (Benson & Simpson, 2009)

Therefore, the deeds of perpetrator can be Corruption culture perspective white-collar crime is categorized as “crime” when it involves all the act that also synonymous with the full range of frauds may cause the harm, danger, damage, destruction or committed by business and government professionals. disadvantage of others people. The people feel These crimes are characterized by deceit, threatened to the consequence of doing this act. In concealment, or violation of trust and are not addition the deeds that has been recognized and dependent on application the threat of physical force or agreed by the society may cause harm and violence. The motivation behind these crimes is disadvantages and furthermore the society give financial --- to obtain or avoid losing money, property, response again the deeds by punished the perpetrator. or services or to secure a personal or business advantage (FBI, 2016) Furthermore, what about corruption of culture perspective white collar crime? Sutherland, a Some definitions above show that white collar crime sociologist and pioneer of white-collar crime, defining is a crime committed by respectable people with high this term as “a crime committed by respectability social status associated with the job or position held. person and has high social status in his occupation.” The perpetrators usually do not use threats or violence Sutherland used the term of white-collar crime to aimed at obtaining unauthorized personal benefits by differentiate the crimes committed by professionals and way of abusing the power, office, influence and trust those in the upper echelons of society (who typically given. White collar crime can occur either within a wore white shirts with their business suits) from company or country. common or “street crimes” such as robbery, murder, or assault. It was also to highlight that these newly The crime are built in the white collar crime term identified white-collar crimes did not involve violence or basically not far different with the term of political threats of violence but were often identifiable by their corruption. It can be described as the abuse of the basis on fraud, and craft (Ferguson, 2010) public roles or public official and resources for private benefit (Johnston, 2005) It means that all form of Sutherland expressed that corruption of culture transgression acts committed by a people in using perspective white-collar crime was not an isolated public resources based on his public official role for phenomenon, but a significant part of the landscape of personal interest can be categorized as political criminal behavior. White-collar crime has for the most corruption. part been treated as a deviant case, it is used primarily to provide a contrast to the common crimes and street This, what about political corruption? Political criminals. The white-collar criminals were often middle- corruption is the abuse of entrusted power by political aged men of respectability in high social status. They leaders for personal or private gain, with the goal of lived in affluent neighborhoods, and they were well increasing power or wealth. Political corruption should respected in the community. Sometimes he stressed not involve undertaking of money; it just take the that the crimes committed by individuals of high status, ‘trading in influence’ or granting favours that poison while at other times he stressed crimes carried out of politics and threaten democracy. Political corruption one’s occupation (Weisburd & Waring, 2004) involves a wide range of crimes and illegal acts committed by political leaders before, during and after According to Gois white-collar crime involves the leaving office. It is perpetrated by political leaders or abuse of power by persons who are situated in high elected officials who have been vested with public places where they have opportunity for such abuse. authority and who bear the responsibility of White-collar crime refers not to the social positions of representing the public interest. There is also a supply offenders but rather to the context in which white-collar side to political corruption– the bribes paid to politicians crimes are carried out or to the methods used in their – that must be addressed. Political corruption is an commission (Weisburd & Waring, 2004) Albert J. Reiss obstacle to transparency in public life. In established and Albert D. Biderman proposed that “white-collar democracies, the loss of faith in politics and lack of violations are those violations of law to which penalties trust in politicians and parties challenge democratic are attached that involve the use of a violator’s position values. In transition and developing states, political of significant power, influence, or trust in the legitimate corruption threatens democracy and makes vulnerable economic or political institutional order for the purpose the newer institutions of democracy (Hodess, 2004) Corruption Culture on Managing Natural Resources In Indonesia International Journal of Criminology and Sociology, 2020, Vol. 9 29

Then, what about the corruption of culture? Political corruption as well as other corruption crimes Corruption of corruption is the abuse of entrusted gradually undermine the democratic order built and power by political leaders for personal gain or private, depriving the people's welfare. with the aim of increasing wealth or power. Political corruption should not involve exploitation of money; Now, what the relationship of crime, white collar political corruption only do the 'trade' effect or relief is crime and corruption of culture on political with “political political poison and threaten democracy. Political crime”? Many sociologists and classical criminologists corruption covers a wide range of crimes and illegal especially those of the western societies most tend to acts committed by political leaders before, during and limit the corruption of culture on political crimes only to after the release positions. Political corruption do crimes committed against the state like treason, political leaders or elected officials who have been sedition, sabotage, terrorism, espionage, subversion given public authority and the responsibility to and conspiracy Basically, in-depth and critical analysis represent the public interest. Political corruption is an to the concept would make one agree that there is obstacle transparency in public life. In established more dimensions of political crimes such as other democracies, the loss of trust in politics and a lack of politically motivated crimes in search of power like in trust in politicians and parties are challenging the the case of crimes committed in search of wealth democratic values. In transition countries and (Solomon & Oryina, 2016). developing, political corruption threaten democracy and Louis Poral has postulated a broadened view of democratic institutions makes it vulnerable new corruption culture on political of economic crimes as a (Hodess 2004) criminal offenses which are committed in the course of Curruption culture on political crime involves political activities, such as theft from public funds, political decision makers. It takes place when the corrupting police officers, or misuse of power by officials and it can be categorized as the pseudo- politicians and public official, who are entitled to political criminal act (Schafer, 1971) The term enforce the laws in the name of the people, are corruption on culture on political crime is used also to themselves corrupt. Political corruption is when political signify illegal acts that are designed to undermine an decision-makers attempted to sustain their power, existing government and threaten its survival. Political status and wealth. Political corruption not only leads to crimes can include both violent and nonviolent acts and the misallocation of resources, but it also affects the range in seriousness from dissent, treason, and manner in which decisions are made. It manipulate espionage to terrorism and assassination (Ross, 2003). political institutions and procedural rules, affects the government institutions and political system, and Corruption culture on political of economic crime in frequently leads to institutional decay (Amundsen. this study does not talk about the crimes committed 1999). against the state like treason, sedition, sabotage, terrorism, espionage, subversion and conspiracy, but Furthermore, Amundsen said corruption culture on the offence act committed by state or public official to political crime, which usually supported by the ruling maintain their own power, official and wealth through government should be considered as one of the basic using an unauthorized public resources for their private modes of operation of authoritarian regimes. It is one of or group gain. The political crime in this research was the mechanisms through which the ruling government the crime act were committed by political elites, corpo- or authoritarian power-holders enrich themselves. rate and government official who involved in the case Therefore, political corruption for the authoritarian of ‘papa asking the stock; of PT Freeport Indonesia power is not a disease should be avoided, it is in fact a deliberate, wanted and applied practice; it is one of the 3.2. Corruption Culture on Politic of Economic rulers modes to enrich and control the economy. As Crime: The Case “Papa Asking The Stock” of PT. consequently, political corruption is a “normal” Freeport Indonesia condition in the corrupted ruling government. Corruption culture on politic crime the case “papa Corruption culture on political crime, therefore, to be asking the stock’ have been much discussed when a mean of public officials to perpetuate and maintain Minister of Energy and Mineral Resources, Sudirman their power, position and wealth illegally and damage Said reported the recording of conversations of the the state. Political corruption has also become a Chairman of House of Representatives, Setya vehicle to sustain the political parties that support it. Novanto, President Director of PT Freeport Ma'roef 30 International Journal of Criminology and Sociology, 2020, Vol. 9 Riyadi and Mustofa

Sjamsoeddin and Mining and Oil and Gas the only way is best to safeguard their interests is to Entrepreneurs Riza Chalid to MKD. What actually the free the Chairman of House of Representatives, Setya interests behind this meeting so that Chairman of the Novanto from the reported violations errors. Some House of Representatives, Setya Novanto dared to awkwardness were revealed among other things: profiteer name of President Jokowi and Vice President to discuss the renewal of the contract 1. All judges MKD (13 judges) who initially agreed period of PT. Freeport before expired in 2021 became to do an open hearing, changed approve a an interesting problem in this research. closed hearing to hear explanation from the Chairman of House of Representatives, Setya As it is known, the giant mining company from Novanto. United States, PT Freeport Indonesia (PTFI) during two years of Jokowi-JK administration has spawned some 2. As the reported the Chairman of House of important news, among them cases of “Papa Asking Representatives, Setya Novanto refuse to The Stock”, thye extension of export license for answer questions if associated with the concentrates, the debate of stock divestiture, to the recording. The reason is the tape was invalid breakdowns in thousands of PT.Freport Indonesian and should be considered non-existent, while he workers. The divestment became one requirements of recognized the existence of meeting. contract extension of PT. Freeport Indonesia would expire in 2021 in the agenda of this meeting. This case 3. Riza Chalid not meet the call and went abroad. actually has given the advantage to PT Freeport Surprisingly, as a the key witness there is no Indonesia, because the results of meeting the PT blocking effort made to bring the witnesses or Freeport Indonesia can still exporting concentrate after presented forcibly. government extended the concentrate export license until January 11, 2017. While the concentrate export 4. pretend innocent in his license has run out August 8, 2016 and in fact only can department who was intervened by the be done simultaneously with the extension license Chairman of House of Representatives, Setya contract extension. In fact, PT. Freeport Indonesia has Novanto, whereas he has in fact been aware of not fulfilled its obligations perform downstream or the intervention 4 months before reporting to processing the mining products into value of mine by MKD. building a processing plant and refinery (smelter) in 5. Maroef Syamsuddin, as President Director of PT. accordance to Law No. 4. 2009 on Mineral and Coal Mining (Mining). Until this case sticking PT. Freeport Freeport Indonesia. He appeared with a Indonesia building of smelters have not materialized professional the logic of the foreign corporations (Jumadil End, 2016) who wish entrenched and continue straddling Indonesia's natural resources, still fighting for PT The majority faction in the Council Honor Court Freeport Indonesia can continue to operate at (MKD) assesses that the Chairman of House of least 20 years and mentioned a number of Representatives, Setya Novanto has committed an emergency situations that will face Indonesia if offense for holding meetings and conduct of agreement the contract is not renewed. with the Director of PT Freeport Indonesia, Ma'roef Sjamsoeddin together with Mining and Oil and Gas 6. The President Jokowi responded by showing his Entrepreneurs Riza Chalid related to the contract anger, because his name has been misused in extension PT. Freeport Indonesia and the divestment the agreement. However, surprisingly he was not of stock which in fact beyond their authority. It also has responding to the judicial process when MKD violated the prohibition for the Parliament members had decided innocent (Nasti, 2015) intercourse with partner for a specific purpose with aim to collusion, corruption and nepotism. Therefore, in 7. Jusuf Kalla (JK) as Vice President chose to be accordance to Article 39 of Law MD3 that in terms of Soedirman Said’s defenders and blame the MKD handling the cases of severe ethical violation and Chairman of House of Representatives, Setya impacted on the dismissal sanction, MKD formed ad Novanto and trying for Sudirman Said in this hoc panel (Cerana Net, 2015) case not displaced from the working cabinet.

The settlement of this case shows some 8. MKD grant the Chairman of House of awkwardness that illustrate many interests involved. So Representatives, Setya Novanto and said the Corruption Culture on Managing Natural Resources In Indonesia International Journal of Criminology and Sociology, 2020, Vol. 9 31

recordings evidence obtained is unauthorized committed, either from government or corporate despite the recording content is true and valid. parties. It was possible to cover the evil plans of because it is done not at the behest of law agreement that will be, in the process and has been enforcement, so that cannot be used as implemented. The case of ‘papa asking the stock’ also evidence in criminal case. Armed with the raised the possibility as a way of the issue diversion. decision of the Constitutional Court Number 20 / PUU-XIV / 2016 dated 7 September 2016, the Another possibility is to prepare divestment design Setya Novanto Council urged the Council Honor like the extension of previous contract that not be input Court to his vindication and honor. for government and society welfare but be a cone for group of peoples. As happened in the extension of 9. MKD grant the demands of the Chairman of previous contract. The stock divestment may also be House of Representatives, Setya Novanto used as a bargaining position that the construction of commit a review of the decision of MKD and smelter to be resolved immediately. According decided: 1. grant application for review the trial Chambliss (2001) for covering the purposes of a crime process under the complaints case of Sudirman variety of ways can be done by the law enforcement Said. 2. declare the trial court did not fulfill the and politicians such his statements. "Not only the law legal requirement to give Decision of Conduct for enforcement officers who can hide behind the smoke by the Constitutional Court Decision No. 20 / screen of street crime. The politicians also can deflect PUU-XIV / 2016 dated September 7, 2016 that other issues to avoid responsibility". The meaning is evidence of electronic records as evidence in the that plan to crime can be done with take shelter behind main trial process of MKD is invalid. 3. restore the crime he was created itself, as a way to divert the dignity of the Chairman of House of attention of society from more fundamental issues. Representatives, Setya Novanto and other parties involved in the trial process of MKD. This situation can be seen from the way the (Mustain, 2016). American large companies perform an imaging issues to cover a big case happened. For example, when Bill Corruption culture on political crime, at The Case Gates of Microsoft in the investigation of monopolistic “Papa Asking The Stock’ was recognized has been practices in 1997, its contributions to political parties detrimental to the state and society because the increased in 1998. A few days after a judge found presence of agreement has been granted an extension Microsoft liable for violations of antitrust, Gates being a license to export concentrates that should not be done guest at the White House, he was posing with prior the filing back of a contract extension in 2019. President Clinton and president of the World Bank. The This case has caused a very large losses of the state tobacco industry raised its contributions of political caused the damage of political crime is greater than the campaign when threatened with imposition of law that damage of street crime. Chambliss. (2001) exemplified would raise the taxes on cigarettes and forced to pay the report of The Joint Economic Committee of the U.S. billions of dollars as compensation for medical costs Congress estimating the damage due to street crime caused by smoking (Chambliss, 2001) every year for $ 4 billion. While the report of The Senate Judiciary Subcommittee on Antitrust and The corruption of culture on case of ‘Papa Asking Monopoly, estimates the cost of corporate crime (state) The Stock’ reported by Minister of Energy and Mineral more than $ 200 billion one year --- five times from the Resources (ESDM), Soedirman Said from the cost of street crime. The meaning is the state damage recording results of the meeting between the Chairman caused by political and corporate crime is four times of House of Representatives, Setya Novanto, President greater than the losses caused by the street crime Director of PT. Freport Indonesia Ma'roef Sjamsudin as well as the Mining and Oil and Gas Entrepreneurs Riza 3.3. Scenario 1. Corruption Culture on Politic Crime Chalid some time ago, according to some economic at The Case “Papa Asking The Stock” PT. Freeport and political analysts load several scenarios, including: Indonesia According to the economic observer, Ichsanuddin Theoretically, there are two possible scenarios Noorsy there are some scenarios in case of ‘Papa underlying corruption culture on case of “Papa Asking Asking the Stock’ PT Freeport Indonesia, among The Stock’. That what is happening and desirable in others, this case violated procedures that should be 32 International Journal of Criminology and Sociology, 2020, Vol. 9 Riyadi and Mustofa

3.4. Scenario 2: Corruption Culture on PT Freeport but fell into private hands. Third, Daeng assess there is Indonesia to Provoke the Extension of Concentrate tendency of mining companies to avoid the Mining Law Exports License that had Expired No. 4 of 2009 which requires building a smelter in the country. Since, there is no companies that build the The government in this case the Ministry of Mineral smelter (Daeng, 2015) and Energy Resources has missed published Memorandum of Understanding (MOU) dated July 24, 4. THE CASE OF “PAPA ASKING THE STOCK” PT. 2014, which contains about the renewal license on FREEPORT INDONESIA AS CORRUPTION CULTURE IN THE CRIMINOLOGY STUDY export 775,000 tonnes of copper concentrate for the next six months. The events of meeting President Perhaps it is not wrong to say that the number of Director of PT. Freeport Indonesia, Ma'roef cases of corruption culture among politicians and Sjamsoeddin, the Chairman of House of power holders of Indonesian administration at this time Representatives, Setya Novanto, and he Mining and to be an evidence of how big a social influence of bad Oil and Gas Entrepreneurs Riza Chalid actually shows culture inherited from the nation since the days of if PT. Freeport Indonesia requires to export empire, colonial, old order, new order and reform era. concentrate, the case of ‘papa asked the stock’ just as The bad culture is the corrupt behavior of public an angler not related to matter of the contract renewal, officials, which should actually provide protection and because the extension of contract included in other welfare to the people and not to put its own interest and negotiations (Metrotvnews, 2015) group.

3.5. Scenario 3: Corruption Culture on Diversion of The corrupt behavior condition of society inherited Public Issue Concentrations by this nation continues to imprint and became driving as well as inspiration of bad behavior for most society, According to PDIP Politicians, Effendi Simbolon the although numerous attempts of prosecution and scenario of ‘papa asking the stock’ is essentially eradication of political crimes or corruption has always constructed as diversion of public issue concentration. been program in each government period in power. The goal is how nobody touched the corporation of Mertons idea of ‘social structure and anomie’ in his Indonesia and PT Freeport Indonesia. According to book ‘Social Theory and Social Structure’, show a Effendi Simbolon, Rini Soemarno (Minister of BUMN) correlation with Durkheim's theory in criminology and Sudirman Said is spearheading of the McMoran tradition known as ‘strain theory’. Merton explains the interests (Own Stock of PT Freeport). Effendi said strain theory to answer the questions that common many officials and businessmen who have been part of reason possibility of giving the impression: whether conspiracy of the case ‘papa asking the stock’. In fact, ‘faulty’ social conditions. makes some people deviated. he was sure, oil entrepreneur at once the elder brother Merton committed at the sociological level analysis, of Minister of State Owned Enterprises (BUMN) Rini where the source of m deviation can be traced from the Soemarno, Ari Soemarno certainly be in behind of the nature of social structure. He reject individualization game played by Sudirman Said, who became the effort of deviation cause, he found that deviation were representative of PT Freeport (political Radar, 2015) born in the certain group, not because of men composed the biological tendencies but because they 3.6. Scenario 4: Corruption Culture on Politicals provide response in normal social situations where they Lobbying of PT Freeport to Suppress the Stock Divestment and Development the Smelter are within it. (Tierney, 2006) These facts illustrate that in strain theory the According to the Indonesian Political Economy behavior of society not born from individual behavior. Association Observer (AEPI), Salamuddin Daeng there The behavior of today's society is a response to or from are three points behind the case of ‘papa asking the social situations they have experienced before. The stock’. First, PT. Freeport Indonesia is seen have not deviant social conditions could be the driver of give contribution in terms of state revenue. Secondly, individuals or communities deviant behavior. Political there is an effort to divert the divestment from crimes and corruption committed by the society is government to a particular party. Under the provisions reflection of social behavior which are ever made public of work contract PT. Freeport Indonesia must divest the before. stock 51 percent to the government. There are scenarios of political elite to political engineering that The corrupt behavior exhibited by state and the divestment do not fallen into the government hands company official in the vcase of ‘papa asking the stock’, Corruption Culture on Managing Natural Resources In Indonesia International Journal of Criminology and Sociology, 2020, Vol. 9 33 cannot be separated from the social structure and The behavior crimes never escape from the motives culture had been inherited of this nation. Lafran Pane and objectives of the implementation of a crime. In the (2012) the establishment initiator of HMI say that the case of ‘papa asking the stock’, there are many corruption culture in Indonesia growing through 3 conflicts of interest, whether individuals, groups, phases of history, namely; the Empire period, the corporate, political parties and government interests. Dutch colonial period and modern times recently. In the Interests of the government have a relationship that empire periode, the corruption culture recorded how cannot be avoided with the individuals, groups and intrigue scramble oh power was done in Singosari political parties interests. Political crime involved the Kingdom, Demak Kingdom, Kingdom and so government officials would be a political crime if on. Kingdom period have contributed implanting government officials involved to play an important role embryos of opurtunisme of the nation. For example, the in organizing the laws to protect its interests. existence of “courtiers” that tends to be nice to draw the king's sympathy or sultan. This circle is considered The government political crimes related to his belief to be embryo of the opportunistic that has corrupt in political sovereignty. Public acceptance of a political character in our recent administration order. crime depends on the level of government policy which considers it as a legitimate policy. This mean that the In the Dutch colonial period the corruption practice crime accepted by the society when the ruling start come into the socio-political and culture system of government policies assumed it as a legitimate act. Indonesia nation. The corruption culture of colonialist Therefore, the political crimes committed by political was built during 350 years. They choose local leaders elite and the ruling government officials will always hide deliberately to made as the political clown used to behind the political sovereignty. Consequently some control their powers administrative area, such as people will judge right or justify the political crimes headman, tumenggung, and other officer which is the committed by the political elite or powerful government colonial Dutch people to maintain and supervise the officials although basically the policy is unlawful. certain territorial areas. They appointed and employed by the Dutch to harvest tribute or taxes of the people, Corruption culture committed by the Chairman of used by colonists to enrich themselves by sucking the House of Representatives, Setya Novanto, President right of Indonesian people. In explicit, the colonial Director of PT. Freeport Indonesia Ma'roef Sjamsudin culture practicing this hegemony and dominance and Riza Chalid essentially aimed at securing its educate Indonesian people not hesitate to oppressive interests by utilizing their position and power. their own nation through the corruption behavior and According Clinard & Quinney (1973) in addition to practices. Furthermore, in modern times the political crime the crimes act they did could also be development of corruption practice begins when the categorized as occupation crime. This means that the Indonesia nation free from colonial bondage. However, rules of employment or occupation is created in such a the corrupt culture was inherited since the days of way to protect their occupation. The perpetrators Kingdom and Colonial does not necessarily disappear. generally work the same offense together with The corruption, collusion and nepotism culture to be occupation activities. Before committing the crime, they more obvious in shape at the democratic era. This is rationalize beforehand carefully the plan of crime. reflected from the government officials behavior from Some of occupation , or a occupation group, tolerates the old order of , Soeharto's New Order until or even supports such crimes. This crime is generally the President of the current reforms era. done respectable people.

The depiction of Indonesian political crime history The happy ending case of ‘papa asking the stock’, above explaining how the cultural and social behavior in which the Chairman of House of Representatives, of society, in this case, the crime behavior became a Setya Novanto, is not innocent, vindicated his name, part of culture or social behavior can influence and reappointed as the Chairman of House of encourage similar behavior on the society afterwards. Representatives after his resignation, and no That mean a crime behavior existed currently cannot convictions of all those involved in this case, was a escape from the culture influence and social behavior case example of political crimes successfully of the previous society. The previous culture and implemented. The society considers this case has been behavior of society become learning for the culture and resolved and did not know many people have been society behavior afterwards. benefited. The settlement of this case can be regarded as a win-win solution. The political crime in this case of 34 International Journal of Criminology and Sociology, 2020, Vol. 9 Riyadi and Mustofa

‘papa asking the stock’ showing how the political crime drama. According to Chambliss this phenomenon criminals have to count maturely in their actions. In the is closely related to the form of ‘organized state crime' classic criminology Sandra Walkate (2002) says that that is the crimes committed by the state officials in the main characteristic of classical criminology is connection with the policy (Carrabine, et.al, 2009). essentially the assumption that the perpetrators are Meanwhile, according to Smith, (2006), political crime individually involved in the decision making process are in this case including the state crimes against taken into account rationally when going to commit a democracy (SCAD). That is a crime involved the use of crime. This means that one character of the perpetrator illegally state authority and resources by the public is doing rational calculation before committing a crime. officials to achieve a specific goal. The organized state crime and state crimes against democracy is the form One form of a rational calculation to corruption of organized political crime committed by the political culture on political crime in the cases “Papa Asking The elite and public officials to the state for obtaining Stock” is the government's actions taking de- personal gain or group to sustain the cost of penalization. It’s means made the case actually in the maintaining their position or power. criminal realm just put in another realm that is the civil realm or even simply categorized within the offence 5. CONCLUSION realm of code of conduct for board members as in the case of ‘papa asking the stock’ involved the Chairman The case of “Papa Asking The Stock” PT. Freeport of House of Representatives, Setya Novanto, Indonesia is a very complex case of corruption culture According to Simanjuntak (1981) in the de-penalization on political crimes with perfect design of political game process, criminal sanctions are removed at the criminal represented by the political elite, government and threatened behavior. The criminal qualification omitted, corporate. The perfection of political crime design but the nature of the fight or unlawful was retained. The involved the state officials such as the Chairman of settlement of the case was entrusted to the other House of Representatives, Setya Novanto, Minister of realm, such as the civil law realm, administrative law, Energy and Mineral Resources Soedirman Said, or otherwise. In this case, as is known the solution just President Director of PT. Freeport Indonesia Ma'roef decided as the violation case of the code of conduct. Sjamsoeddin, Mining and Oil and Gas Entrepreneur Riza Chalid, scalp the name of President Jokowi and In the settlement of legal cases, the law Vice President Jusuf Kalla as well as mentioned the enforcement officials and prosecutors want to give involvement of other important state officials and punishment. They want the guilty man be punished political elite even though they are not enough evidence to convince the judge. The demands for punishment encourages This perfection of evil design culminated in happy law enforcer planting the evidence, to doctor the ending case. The vindication of the Chairman of House evidence, and lied in front of the court. (Chambliss. of Representatives, Setya Novanto, and restoration the 2001). In the effort to de-penalization the case of ‘papa abandoned positions temporarily during the trial. Based asking the stock’ which should come into the criminal on decision of Constitutional Court and the Council law was changed into the offense to the ordinary code Honor Court the Chairman of House of of conduct Representatives, Setya Novanto is stated not guilty, which means not violating the code of conduct for Based on the scenario corruption culture of political board members although obviously there is a violation. committed in the case of ‘papa asking the stock’, the Everyone involved in this case is implicitly decided decision of law enforcement to de-penalization the innocent including the key witnesses the Mining and Oil case, and the settlement of happy ending case can be and Gas Entrepreneurs Riza Chalid. President Director assumed if this crime drama of politics crime may have of PT. Freeport Indonesia Maroef Sjamsoeddin and been agreed by the perpetrators, so in the final result Sudirman Said as Minister of Energy and Mineral the society accepted that the complained parties, the Resources. Chairman of House of Representatives, Setya Novanto was innocence, that this case was not detrimental to The research findings revealed the existence of the state, and that the Chairman of House of corruption culture on political crime agreement scenario Representatives, Setya Novanto is entitled to reoccupy in case of ‘Papa Asking The Stock’ that are provoking his position as the Chairman of House of the extension of concentrates export license, diversion Representatives after resigning during play the political of issues and political lobbying to suppress stock Corruption Culture on Managing Natural Resources In Indonesia International Journal of Criminology and Sociology, 2020, Vol. 9 35 divestment and smelter development. 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Received on 08-02-2020 Accepted on 27-02-2020 Published on 11-03-2020

DOI: https://doi.org/10.6000/1929-4409.2020.09.04

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