Social Aid of Covid-19 Corruption: Strategy and Mitigation Policy of Muhammadiyah East Java
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Satria Unggul Wicaksana Prakasa, et.al 27 LJIH 29 (1) March-2021, 27-45 LEGALITY: JURNAL ILMIAH HUKUM Journal homepage: http://www.ejournal.umm.ac.id/ index.php/legality Social Aid of Covid-19 Corruption: Strategy and Mitigation Policy of Muhammadiyah East Java Satria Unggul Wicaksana Prakasa1*, Achmad Hariri2, Ida Nuriyah3, Asis4, Idrus Salam,5 1,2,3,4,5 Faculty of Law, University of Muhammadiyah Surabaya, Surabaya, East Java, 60123, Indonesia. * Corresponding author email address: [email protected] Article Abstract Keywords: This research underlines several problems related to the potential for Anti-corruption; Social corruption in social assistance (Bansos) provided by the Government Assistance; Covid-19; through the allocation of the State Budget (APBN) and/or Regional Participatory Action Budget (APBD) to mitigate the economic impact and welfare of the Research. community amid the Covid-19 pandemic. This research was intended to understand the role of Muhammadiyah as a civil society entity for the pattern of guarding the distribution of social assistance throughout Article History East Java Province. The research approach used Participatory Action Received: January 7, 2021; Research (PAR) and used socio-legal approach, which is an approach Reviewed: January 11, 2021; to control corruption based on community solidarity. The data Accepted: January 28, collection was interviewed, FGD, and dissemination conducted 2021; online. Conclusions for this research are: (1). Corruption of the Published: February 2, 2021 Covid-19 Social Assistance Agency is a serious threat and is detrimental to the Indonesian people who were severely affected by the pandemic, even though the Corruption Act has provided a serious DOI: threat to perpetrators of corruption committed during a disaster, with https://doi.org/10.222 a maximum penalty of death; (2). The KPK-RI as the lead sector for 19/ljih.v29i1.15127 corruption eradication in Indonesia can collaborate with various community groups on the agenda of eradicating corruption in Indonesia, especially the corruption of Covid-19 social Aid, through access to community-based reporting, and; (3). Participatory Action Research carried out by Muhammadiyah East Java residents is an effective step and a good example of how social entities are able to mitigate the potential for social assistance corruption of Covid-19 which is carried out both with a structural to cultural approach. ©2021; This is an Open Acces Research distributed under the term of the Creative Commons Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original works is properly cited. ISSN (Print) 0854-6509 - ISSN (Online) 2549-4600 Satria Unggul Wicaksana Prakasa, et.al 28 LJIH 29 (1) March-2021, 27-45 INTRODUCTION Nowadays, corruption in Indonesia involves the government and the legislature (especially the DPR-RI) as political elites who directly or indirectly commit acts of corruption. They do both in the aspects of procurement of goods and services, bribery, gratuities. Including in the bureaucratic and licensing sectors, the business climate in Indonesia is closely related to the practice of bribery and extortion. This is exacerbated by corruption in the judicial sector which causes the institution difficult to produce a fair and impartial court (Transparency International, 2018). At least, there are several risk areas to corruption practices. Those have a high risk of corrupt practices where the Indonesian people interact directly and have the potential to guard against these corruption practices. Those sectors are: corruption in the procurement of goods and services, bribery and gratification, bribery in the licensing sector, bribery in the aspect of General Elections, corruption in the judicial sector, to corruption in village funds. Therefore, in this legal research, it tries to find a pattern of movement of appropriate social control such as whether in efforts to prevent and eradicate corruption in Indonesia. So that the aspirations of the state in realizing public welfare and fulfilling people's needs can be completely fulfilled (Prakasa, 2020b). The Corruption Perception Index (CPI) of Indonesia in 2019 released by Transparency International said Indonesia's score at 40 points, and Indonesia was ranked 85 out of 180 countries worldwide (Haris & Al-Fatih, 2020). Indonesia's GPA scores are the same as other developing countries such as Burkina Faso, Guyana, Lesotho, and Trinidad & Tobago. Meanwhile in ASEAN, Indonesia's GPA is in 4th place and lower than Singapore (4th place, score 85), Brunei Darussalam (35th, 60th), and Malaysia (51st, 53) (Transparency International, 2019). The score was based on corrupt practices which are still attached to both government power, law enforcement, and the permissiveness of the Indonesian people to corrupt practices. ICW's study regarding the trend of corruption prosecution in 2018 reminded the public that corruption in the procurement of goods and services was the highest with 214 cases of corruption and state losses of Rp. 937 billion. The Corruption Case for Social Assistance Covid-19 became one of the cases that caught the attention of the public at the end of 2020. The one who committed corruption was the Indonesian Minister of Social Affairs, Julari P. Batubara in procuring social assistance for handling covid-19 in the form of basic food packages at the Indonesian Ministry of Social Affairs 2020. The procurement was worth around IDR5.9 trillion, with a total of 272 contracts and is carried out in two periods. Juliari appointed Matheus Joko Santoso and Adi Wahyono as Commitment Making Officers (PPK) in the implementation of the project by direct appointment of partners. From this effort, it is suspected that it was agreed that there was a fee for each work package that the partners had to deposit to the Ministry of Social Affairs through Matheus. The ISSN (Print) 0854-6509 - ISSN (Online) 2549-4600 Satria Unggul Wicaksana Prakasa, et.al 29 LJIH 29 (1) March-2021, 27-45 fee for each social assistance package was agreed upon by Matheus and Adi of IDR 10,000 per food package, of a value of IDR 300 thousand per-Bansos package (Indonesia, 2020). The Commission of Eradication Corruption of Republic of Indonesia (Komisi Pemberantasan Korupsi Republik Indonesia-KPK-RI) stated that there were four risk areas for the occurrence of corrupt practices during the Covid-19 pandemic, namely: (1). Corruption in the procurement of goods and services, one of which is related to personal protective equipment (PPE), drugs, vaccines, etc .; (2). Refocusing and reallocation of the Covid-19 budget in the APBN and APBD which provide impunity for the government not to be prosecuted legally and without accountability, based on Law Number 2 of 2020; (3). Managing philanthropy or third party donations which are categorized as non-gratuities; (4). Organizing social assistance that is not right on target and manipulative (Prasetyo, 2020). Furthermore, the Indonesian Ombudsman study deals with 5 (five) potential maladministration and potential corruption during the Covid-19 pandemic, namely: (1) Social Assistance, (2) Health, (3) Transportation, (4) Security, (5) Finance. Reports related to suspected maladministration have been reported to the RI Ombudsman and most of these reports have been resolved. In the top 5 (five) classifications, the highest reports submitted by the public include; (1) distribution of aid that is not evenly distributed in terms of time and people in the target area, (2) people who are in a more emergency condition are hungry, are not registered and vice versa, (3) are registered but do not receive assistance, (4) the means of complaints are less socialized to providers assistance, (5) unable to receive assistance at the place of residence, because of the immigrant Identity Card (KTP) (Ombudsman RI, 2020). The Covid-19 social assistance corruption case was a very surprising phenomenon and strengthens the allegations that have so far been built. How it affect the misery of society during difficult times due to the Covid-19 pandemic, Article 2 paragraph (2) of Law Number 31 of 1999. It explains which carried out by state officials as well as individuals and corporations who under certain circumstances in Covid-19 pandemic case committing corruption can be sentenced to death as the maximum criminal sanction, corrupt political relations, low political morale, and non- accountability become disastrous in the case corruption in Indonesia (Haliim, 2020). Anti-corruption awareness must be an integral part of efforts to eradicate Covid- 19. The involvement of KPK as the leading sector in eradicating corruption as well as civil society entities that have a concern in the anti-corruption sector is very important in guarding the enforcement of the Covid-19 Pandemic so that no individuals and cartels engage in corrupt practices amid the sorrow experienced by the Indonesian people (Prakasa, 2020a). One of the largest civil society entities in Indonesia is Muhammadiyah. Through the Muhammadiyah Central Leadership, he declared that the outbreak was an ISSN (Print) 0854-6509 - ISSN (Online) 2549-4600 Satria Unggul Wicaksana Prakasa, et.al 30 LJIH 29 (1) March-2021, 27-45 extraordinary event that must be immediately taken to prevent and take serious, massive and well-coordinated action. Muhammadiyah encouraged the government to involve all parties to work together and synergize, accompanied