The Role of Civil Society Organisations (Csos) in Combating Corruption During Democratic Transition in Indonesia
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School of Social Sciences and Asian Languages Department of Social Sciences Making a New Democracy Work: the Role of Civil Society Organisations (CSOs) in Combating Corruption during Democratic Transition in Indonesia Budi Setiyono This thesis is presented for the Degree of Doctor of Philosophy Curtin University of Technology July 2010 Declaration To the best of my knowledge and belief this thesis contains no material previously published by any other person except where due acknowledgment has been made. This thesis contains no material which has been accepted for the award of any other degree or diploma in any university. Budi Setiyono Date: ii Abstract Corruption has often stimulated the collapse of authoritarian regimes and was followed by democratisation in a number of developing countries. Many new democratic regimes, however, have also been failed to control corruption because during the transition to democracy, their institutional structure of governance has typically not functioned well. In Indonesia too, corruption has been a highly pertinent issue that has both stimulated and compromised the regime‘s transition to democracy. This has provided a platform for civil society organisations (CSOs) to take an active political role. Yet insufficient empirical examination exists on the role of CSOs in combating corruption during democratic transition and the implication for democratisation. This thesis documents and critically examines the contribution of CSOs (more specifically anti-corruption CSOs) in Indonesia, an examination essential to the study of democratisation and anti-corruption efforts. It investigates how and to what extent CSOs can fight corruption during democratic transition. Owing to the ineffectiveness and unwillingness of the state, civil associations have undertaken initiatives in fighting and underscoring corruption into the domain of public debate. They work at two levels of battle: strategic and practical. At the strategic level, CSOs have contributed to the creation of the legal and institutional frameworks necessary for eradicating corruption. Many of their advocacies have brought about the creation of anti-corruption regulations and supervisory bodies to combat corruption. At the practical level, CSOs have organised social monitoring to call state officials to account. It has been CSOs that have mobilised the public to take civic action against corruption. By successfully taking a number of government officials and politicians to court, CSOs have also enhanced the legal system against corruption. Given the significance of the contribution of CSOs, this thesis argues that they have a real nascent force to advance democratisation: not only because the anti-corruption movement that they initiated has been instrumental in shaping political transformation, but they have also opened channels between the state and civil society that work as a system of accountability, part of a long-term project of establishing a democratic principle rooted in grassroots participation. This thesis argues, however, that despite their important role, the activities of CSOs have not been perfect and, accordingly, should not be interpreted as a panacea for all problems of corruption and democratisation. Therefore, it should be a concern for all the stakeholders involved – including the government, donor agencies, and the general public – to enhance the capacity of CSOs. iii Acknowledgements All holiness belongs to God who provides two paths - just and unjust - so that people can choose which one they wish to travel during their life. I am grateful to Him who allows me to undertake my PhD study in Perth, Australia. I wish to express my gratitude to many people and institutions which have helped me to complete my study and this dissertation. First of all, I would like to thank my initial supervisor, Prof. Colin Brown, who has given me the confidence to swim the ocean. I also want to express my great gratitude to Dr. Ian Chalmers, my supervisor, and Dr. Miyume Tanji, my co-supervisor who tirelessly assisted me in finding the diamond of knowledge. They have been gurus and good friends who vigorously guided me in this research and provided much intellectual equipment and insights for the research. I also would like to thank to Dr. Philip Moore, Assoc. Prof. Tim Dolin, Dr. John Fielder and Tim McCabe who also meticulously provided much assistance, advice, and support in various aspects of my study. They convinced me that I was not alone in the research struggle and in the multicultural Australian environment. I also acknowledge the valuable support from the Partnership of Governance Reform in Indonesia. A bulk of thanks goes to Pak Mohamad Sobary, Pak Piet Supriyadi, Pak Marcellius, Pak Budi Santoso, Mas Sandhi, and all Partnership staff members who have kindly provided much of assistance for this study. This research also has indebtedness to Prof. Amien Rais, the former chair of Muhammadiyah, KH. Masdar Mas‘udi, the Director of P3M and Deputy Chair of NU, KH. Muhammad Adnan, the Chair of NU Central Java Board, Joko Susanto and Syaiful Bahri Anshori, the Program Managers of Anti-corruption movement programs of Muhammadiyah and NU respectively, Tommy Legowo of Formappi, Teten Masduki, Ridaya and Luky Djani of Indonesian Corruption Watch (ICW), Adib Achmadi of MTI, Denny Indrayana and Hasrul Hariri of PuKAT UGM, Saldi Isra of FPSB, Akhiruddin and Askhalani of GeRAK Aceh, Sarah Lery Mboeik and Paul Sinaeloe of PIAR, Djoko Prihatmoko, Abhan Misbah and Eko Haryanto of KP2KKN, Mardiono and other two anonymous activists of ASA, and Iskandar and Diryo Saputro of PATTIRO, Ervin Kaffah of SOMASI, Nanang Suharto of KPMM, all of whom meritoriously provided information, insights and their valuable time to me and my research assistants for iv undertaking interviews and also provided many imperative materials for the research. Help also came from many corruption activists under the networking of Watch Terminal and GeRAK, as well as 64 anonymous interviewees and FGD participants. For their help, I am sincerely grateful. Many thanks also to Indonesian community and students in Perth, especially Pak and Ibu Dede Suyatna, Baso Zulhijaya, Pratomo Budi Santoso, Tajuddin, Agus Eko Nugroho, Widodo, Gugup, and many other friends who have been very kind in maintaining solidarity and friendship during my study. My gratitude is also extended to the Australian Government and Curtin University, which have provided me an Endeavour International Postgraduate Research Scholarship (EIPRS) for my study. Thanks also go to the Directorate General of Higher Education at the Department of National Education Indonesia, the Asia Research Foundation (ARF) and Asia Moslem Action Network (AMAN), which provided additional funding assistance in some parts of my research. My appreciation also goes to Pak Subijakto Tjakrawerdaja of Darmais Foundation and Pak Warsito of the Faculty of Social and Political Sciences at Diponegoro University who provided support for obtaining additional financial aid. I also thank and acknowledge the help from Leigh Steedman and Janice Baker who kindly assisted me in editing this dissertation. Finally, I could not have done this task without considerable support from my father Endarto who sadly passed away when I was finalising this report, my mother Muhriyah, my wife Afiatus Salamah Setiyono, my beloved son Addiya Izza Ahya Setiyono, and my beloved daughter Adelina Najwa Assyifa Setiyono. They are all my strongest supporters. To them, this research is dedicated. v Table of contents Abstract .......................................................................................................................................... iii Acknowledgements ........................................................................................................................ iv Table of contents ............................................................................................................................ vi List of Tables ................................................................................................................................... x List of Figures ................................................................................................................................. x List of Boxes ................................................................................................................................... x Abbreviations ................................................................................................................................. xi Introduction ..................................................................................................................................... 1 Defining civil society .................................................................................................................. 4 Civil society in Indonesia ............................................................................................................ 9 The argument ............................................................................................................................. 12 Aims and objectives of the study .............................................................................................. 13 Research methods ...................................................................................................................... 15 Questionnaire ........................................................................................................................