I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome EthicalPolicy Dilemmas & Governance in the Public Review Sector Volume 2, Issue 1, January 2018 (1-13) ISSN 2580-3395 (Print), 2580-4820 (Online) doi: 10.30589/pgr.v2i1.73

Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector

I Made Krisnajaya•1

Abstract Discussions on public sector essentially cover three main issues. First, how to establish a theoretical argument capable of providing answers to queries about what is considered an ethical and unethical conducts in public sector management. Second, how to develop ethical instruments and standards capable of helping resolve ethical dilemmas that commonly occur in the public sector. Third, how to institutionalize ethical principles and instruments developed in public institutions. Both theoretical studies and empirical experiences indicate that the essence of the various forms of a dilemma in the public sector is the conflict between personal virtue and public virtue. These ethical dilemmas may be subdued by institutionalizing ethical principles in public institutions, and it basically involves two substantial activities, namely integration, and revitalization of ethical principles in public institutions. These ethical principles should be integrated within a system of conducts covering standard values and norms that serve as a reference in conducting oneself and in minimizing unethical conducts and in preventing maladministration in public sector management. Legal instruments remain necessary in order to ensure the effectiveness of ethical principles as a code of conduct for personnel to carry out their tasks and functions. Of no less importance is the effort to improve leadership that highly reveres ethical principles in the public bureaucracy.

Keywords: ; ethical dilemmas; ethical principles; institutionalization.

Introduction management. Third, how to institutionalize The issue of public sector ethics is a ethical principles and instruments developed subject of discussion that has been summarized in public institutions. in a global dialog (Gilman & Lewis, 1996, p. The escalating attention on the importance 517). Discussions pertaining to the problems of public sector ethics development has been of public sector ethics in Indonesia essentially prompted by at least three factors. Firstly, the cover three main issues. First, how to establish a global movement of public sector reform, which theoretical argument capable of the sufficiently has begun since the 1980s and has resulted in providing answer to questions about what is the rise of various ethical problems aside regarded as ‘ethical’ and ‘unethical’ conducts from success stories in a number of countries. in public sector management. Second, how to This new management approach dubbed as develop ethical instruments and standards New Public Management, at a certain level is capable of helping resolve ethical dilemmas affected by economic rationalism and public that commonly occur in public sector choice theories that idealize more efficient and

• Department of Public Policy and Management, Faculty of Social and Political Sciences, Universitas Gadjah Mada Email: [email protected]

1 Policy & Governance Review, Volume 2, Issue 1, January 2018 result-oriented government management. Such the article critically discusses the ambivalence emphasis on efficiency and result orientation of ethics implementation and definition has, however, caused ethical problems to that are dominated by three perspectives arise since in practice those principles were namely consequentialism, deontology, and often incompatible, or had even experienced virtue ethics. The second part discusses trade-offs, with other prevailing values such forms of ethical dilemmas that commonly as accountability (James, 2003, p. 100). occur in practices of public bureaucracy Secondly, the government experiences management. At the beginning of this section, deficiencies in numerous fields due to corrupt several distinguishing features between public practices and inefficiencies in public services and private sector management bearing provision. A government run by inefficient implications on the difference of ethical and incompetent human resources is extremely consideration between the two are briefly susceptible to various forms of scandals discussed. The final part of this article critically including aberration and misuse of authority. discusses the institutionalization of ethical , collusion, and nepotism (korupsi, principles to overcome ethical dilemma in the kolusi, nepotisme – KKN) are primary forms public sector. of such aberration and misuse of authority. Bearing in mind that these scandals may lessen Methods government credibility and lead to the low level This study uses literature study in of trust society has toward the government, discussing the issues described in this article. the institutionalization of ethics in the public The literature studies undertaken include the sector is, thus, an imperative. In other words, analysis of literary sources (books, scientific the institutionalization of public ethics should journal articles, labor articles, internet resources, become an integral part of “major areas of and legal documents) making it possible to administrative reform” (Caiden, 1991, p. 101). present reviews, summaries and analyzes Thirdly, government personnel, particularly relating to significant aspects of the topics government officials, are frequently faced with covered. ethical dilemmas while carrying out their tasks Based on the analysis and consideration and functions. Such ethical dilemmas have even of these literary sources, the author identifies become an inevitability. The political activities the problematization that focuses on the occurring in the organizational processes such as dynamics of thought thinking about public resource allocation, decision making, and conflict sector ethics and the implications of dynamic management often involve unethical conducts discourse on the interpretation and handling that boil down to solely fulfilling narrow group of ethical issues in public sector management. or personal interests. Deceit, manipulation, and The primary sources of data used in this stage other forms of fraud are conducted for the sake of problematization are books and articles of accomplishing group or personal goals by of scientific journals that are thematically sacrificing public interests. Such misconducts researched by considering the relevance and are deemed unethical as one of the policy importance of discourse. In the next step, determinants in the public sector is its consistency the authors make problematization through with public interests. descriptive studies to identify the forms and This article aims at critically discussing features of ethical dilemmas familiar to the the institutionalization of ethical principles public sector. In the discussion and analysis to overcome issues of ethical dilemmas in the phase, the authors develop a framework that Indonesian public sector. The initial part of generates solutions to overcome the ethical

2 I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector difficulties in the public sector, which are the the dimension of time and space. Hence focus of discussion in this article. ethics may be differently defined in differing societies. This perspective had even led to what Results and Discussion is known as ethical relativism which claims Ambivalence in Ethics Definition and that “there are no universally valid moral Implementation principles; the validity of all moral principles is relative to the culture or individual choice” As a scientific discipline, ethics is one of the (Shomali, 2001, p. 33). Ethics is relative when branches of axiology that essentially discusses consideration of what is deemed to be right or the predicates of ‘right’ and ‘wrong.’ Ethics wrong is based on individual preferences or aims to understand and provide explanations refers to traditional values rooted in society. on matters involving moral considerations. Ethics involves recognition of conducts that Therefore, ethics discusses the definition of are publicly accepted as wrong or right within morality and consideration of right conducts. a particular society. Hence, norms, traditions, Ethics basically involves “the effort to guide and customs that have been established in one’s conduct by reason—that is to do what there society will significantly determine the ethical are the best reasons for doing—while giving equal standards employed in assessing the right and weight to the best interests of each individual who wrong of conduct within the context of the said will be effected by one’s conduct” (Grace & Cohen, society. 1995, p. 14). This means that ethics is not only Nevertheless, ethics also comprises integrated into informal and formal rules aimed of universally accepted general principles. at regulating or limiting the conduct of man, If certain ethics applies to one case, then it but it also involves reasoning or rationality that should also apply to the same case happening underlies and guides one’s conducts in her/his at different places (Thompson, 1987, p. 105). capacity as both an individual and social being. Ethics becomes a general concept when it is Epistemologically speaking, ethics can seen as an expression or rationalization of be divided into two kinds that normative moral principles that must be impartially ethics and . applied in any given conditions anywhere. It talks about “... what should be done and what is this very claim that serves as the essential should happen, and that allows individuals conception of ethical absolutism. Within the to determine what is contradictory to what frame of universality, ethics is the ideal form should happen” (Kattsoff, 2004, p. 344). of moral argumentation, and it involves moral Whereas applied ethics discusses efforts in philosophy that does not reduce ethical choices deciding what is right and what is wrong in to based merely on individual preferences actual situations. Applied ethics should not (Stewart, 1991, p. 357). be mixed up with the . As properly stated Ambivalence in such ethical definition in the advisory quote of Baggini (2003), “We has serious implications in the long history of may decide that something is right while it is the contention of thoughts regarding ethics in currently illegal or that something is wrong both its theoretical and practical dimensions. It while it is currently legal”(p. 96). is, thus, of no surprise that ethics is regarded The word ethics has its origin from as one of the major issues confronted by the Greek ethikos and ethos, which initially pioneers of political thoughts since the time referred to “the prevalent sentiment of a people of ancient Greece up to the modern era or community” (Ping, 1996, p. 18). Based on (Schmandt, 2002, p. 7). At a discursive level, this definition, ethics relatively applies within

3 Policy & Governance Review, Volume 2, Issue 1, January 2018 there are various standpoints on ethics in the context of public sector ethics, for instance, which among others are ethical formalism, refers to “absolute or strict adherence to rules, ethical rationalism, ethical relativism, and protocol, and organizational procedures” that is ethical absolutism. The rise of numerous ethical in accordance with the features of Weberian problems throughout all aspects of human life bureaucracy (Alkadry, Blessett & Patterson, is thus a logical consequence of the ambivalence 2015, p. 1194). In contrast to consequentialism, in the definition of ethics in itself. An interesting such normative deontological approach is note is that while the contention of thoughts not always compatible when applied in the regarding ethics still continues, ethics has political domain. Political activities employ manifested into a central issue in nearly all the logic of consequences more than the logic fields of knowledge that have been known of appropriateness, wherein accomplishing the throughout man’s history. ends becomes the main priority despite having Theories on ethics may primarily be to use illegal or unethical means. divided into two categories, namely based on The third perspective is virtue ethics whether the theory considers the means or which is of the view that moral capacity the ends as the priority (Russell, 2007, p. 241). guides individuals to act according to ethical Based on this distinction, there are at least three principles. An individual act ethically because prominent perspectives. The firstperspective is she is encouraged by her personal character. consequentialism which considers a conduct’s Ethics is not merely about what someone right or wrong based on the consequences should do in his or her personal capacity, but generated by the said conduct. Moral assessment also about how someone should act in one’s is based on the logic of consequences, that is relation with others (Putnam as cited in Stewart, the right or wrong of conduct is evaluated 1991, p. 357). Good conduct is, thus, one that based on the extent it generates the desired is carried out by a wise person. The idea of consequences. , one of the developing a code of ethics for government variants of consequentialism, claims that personnel, for example, is compatible to the conducts that are considered as valid are perspective of virtue ethics because the ethical those that generate consequences capable of standards contained in the code of ethics are optimizing the welfare of the society as a whole. representations from expectations of personal However, such perspective does not provide a characters that should be inherent within the sufficient argumentation on what consequences personality of government personnel. are regarded as right and what is regarded as Discussions on ethics, thus, involve wrong (Preston, 2001, p. 168). cognitive competence that may contradict one Secondly, the deontology perspective— another when referring to the appropriate frequently referred to as ethical formalism or definition either at the normative level or Kantian ethics—which argues that conduct its manifestations in daily life. To a certain may be considered right or wrong depending degree, ethical consideration is determined by on the nature of the conduct, not on the individual preferences; everyone is capable generated consequences. Morality basically of using his or her personal preference in relates to one’s conduct that is not result assessing an action’s right and wrong. As a oriented but is influenced by references to result, every action may be justified from the rationality and consistency. A person commits perspective of consequentialism, deontology, to action because it is considered to be right virtue ethics, or perhaps other perspectives. prior to know the consequences of the acts The problem of ethics subsequently appears committed. The perspective of deontology in when individual moral assessment turns out

4 I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector to contradict general values prevalent in the Meanwhile, public sector management involves society. The inconsistency between personal the use of public resources and requires public virtue and public virtue has, thus, become the trust in order to achieve institutionalization essence of ethical problems in the public sector of public accountability. Therefore, the main (Thompson, 1992, p. 254). function of government personnel is to serve societal interests based principles of public Ethical Dilemmas in the Public Sector: accountability and responsibility. Thirdly, a Features and Manifestations striking feature of public sector management Public sector ethics basically involves the is the politicization of the bureaucracy and application of basic ethical principles on the political activities susceptible to violating ethical conducts of government bureaucratic personnel principles. in carrying out their main tasks and functions These characteristic differences have as a public servant. Discussions on government an implication on the difference of ethical functions in public sector management become considerations within the public and private vital as public sector ethics originates from the sector management, as presented in Table 1. definition of those governmental functions. A Such characteristic differences subsequently better understanding of public sector ethics have serious implication on the forms of ethical can be obtained comparing features of public dilemmas that commonly occur in the public sector management with that of private sector sector. management. The dilemma may be defined as a“ valid The characteristic difference between public argument which concludes with a choice between and private sector management includes at least two equal alternatives” (Harding, 1985, p. 45). three things (Allison as cited in Shafritz & Hyde, A person is said to be in a dilemmatic position 1997, p. 383-400). Firstly, decisions or policies when confronted with a situation compelling in the private sector are commonly aimed at them to choose one of the two available options maximizing profit, whereas public sector policies while concurrently unable to choose both. prioritize public services and fulfillment of public The story of the prisoner’s dilemma is an interests. Hence, effectiveness and efficiency illustration that properly describes the essence are sacred principles in private management of a dilemma with its nature of the zero-sum while public sector management involves game. The solution to a dilemma involves two considerations of values other than effectiveness main issues: how to determine the validity of an and efficiency more, such as principles of justice, argument and how to assess which argument equity, and accountability. Secondly, the main is more valid than the other. task of an employee in the private sector is The ethical dilemma may happen when to serve the company’s interest and to have a “… there is a perceived conflict between two or more limited response to the company’s stakeholders. ethical principles, such as respect of confidentiality

Table 1. Ethical Climate Level of Reference Ethical Criteria Person Company Society Egoism Self-interest Company interest Efficiency Benevolence Friendship Team interest Social responsibility Principle Personal morality Rules and operating procedures and professional codes Source: Fritzsche (2006, p. 94)

5 Policy & Governance Review, Volume 2, Issue 1, January 2018 versus responsibility to the public good” (Leone, “The ethical conflicts that officials Stame & Stagle, 2016, p. 152). Public sector confront arise from two general characteristics of public office: management is inseparable from such problem it’s representational and its of an ethical dilemma. The decision-making organizational nature. Officials act process in public sector management involves for us, and they act with others. The numerous ethical considerations in order for the first characteristic generates conflicts decision made to be considered ‘right,’ and this between principles of action; the second, conflicts between principles is not unlike the choice of argument regarded of responsibility”(p. 4). to be ‘valid’ requiring ethical principles as the major consideration. Ethical principles Ethical dilemma occurs at the very least in are even regarded as the highest tier of moral three given situations. First, a situation in which development that can be used in the decision- friction between one’s interest as an individual making process. and as a government employee exists. Egoism is Ethical dilemma in the public sector has observed as the main cause of conflict because at least five characteristics (Hodge, Anthony & humans tend to show egoistic rather than Gales 1996, p. 67) that are (1) actions taken have altruistic values. Most people are inclined to be extended consequences; (2) decision maker is more interested in their own well-being rather always confronted with choices and must carry than attending to others’ well-being, and this out a selection process to produce the best- causes what is known as the conflict of inter- considered decision; (3) outcome produced human desires. Practices of corruption aimed from an action is complex in nature; (4) at enriching oneself is a primary example of consequences of actions are often immeasurable the ethical dilemma that is rooted in this inter- and difficult to predict; and (5) decisions made human conflict of desires. As presented in daily have personal implications and impact on mass media coverages, a number of corruption others or the society. The central issue in the techniques commonly employed to enrich five characteristics of ethical dilemma above oneself, among others are (1) carrying out is the exercise of moral judgment in making fictitious projects; (2) having official business the best-considered decision through the best- trips that are actually unnecessary but merely considered means. for the sake of obtaining travel allowance; (3) Generally, the ethical dilemmas faced by purposely creating convoluted bureaucratic government employees are brought about by procedures and expecting to gain money existing conflict of values and conflict of roles. through bribery; (4) using regional or state Conflict of values includes the clash between government facilities for personal purposes; individual values and public values (Meriade, (5) manipulating financial statements. 2016, p. 2). Whereas conflict of roles leads to a The activities of organizational politics conflict of interests as a logical consequence of also contribute to this inter-human conflict expectations to the performed roles. These roles of desires. Vigoda (2001) asserts that “... include (1) government employees as a person organizational politics is considered a natural or individual; (2) government employees as a means by which an employee can gain advantages patron to their family and primordial group; and achieve personal interests in the workplace”(p. and (3) government employees as government 1551). Activities of organizational politics lead personnel. to dilemmas because politics involves the Thompson (1987) accurately summarized exercise of power that is often contradictory the essence of ethical dilemma in the public to principles of ethics (Krisnajaya, 2006, p. sector as follows:

6 I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector

56). Occurring political activities involve in providing the winning tender for regional means-ends logic wherein the ends justify the government projects. means of achieving said ends—a perspective Third, ethical dilemmas also arise when entirely supported by “politics of dirty hands” conflicts rooted in the roles and functions activists (Shugarman, 2000, p. 1). Egoistic as government employees occur. “Ethical actions taken are usually manipulation, dilemmas in management are pervasive; both in discrimination, alienation, scapegoating, and appearance and reality they are part of being a character assassination. public servant” (Bowman & Williams, 1997, Second, government employees p. 522). It is this very issue occurring in the particularly political and structural officials do Indonesian context wherein the State Civil not only assume the role as a superior to their Apparatus (Aparatur Sipil Negara – ASN) subordinates but also as a patron in their family holds two roles as a servant of the state and circle—nuclear or extended family—and in their a servant of the people. The central issue is to primordial community. In this context, a person whom is the state apparatus responsible and engages in corruption, collusion, and nepotism accountable? Are they responsible to their (KKN) not merely to fulfill household needs superiors or to the public? On the one hand, but also to help boost the well-being of their the state apparatus’ responsibility to their extended family and primordial community. superiors requires them to obey the decisions This issue becomes more complex when made by the state. On the other hand, public members of the extended family and primordial accountability requires them to prioritize community have excessive expectations on the public service rather than being a slave to the patron; the prevailing general assumption is government’s transient interests. Government that government officials wield substantial personnel is trapped in a dilemma when they financial resources and have the authority to are forced to choose between maintaining access those financial resources to fulfill their loyalty to their superiors and prioritizing the expectations. The phenomenon of “titipan” principle of public accountability. Such ethical (an individual entrusted to the patron) in the dilemma becomes progressively rampant recruitment process for civil servant applicants within a societal structure that bears a strong (CPNS) is one of the government officials’ “patron-client” culture. means of assuming their role as “patron” Ethical dilemmas also commonly occur while concurrently maintaining the patronage in the public policy-making process. Decisions network that they benefit from. categorized as being unethical are often The phenomenon of quid pro quo politics necessary, and in some cases, they are in following the general election of the regional fact common place whereby these unethical head is another form of such ethical dilemma. decisions become ‘legal.’ This, according to The contribution of the campaign team that Frederickson (1997), is one of the main issues is basically backed up by members of the in “policy ethics”(p. 175). As an example: the extended family and primordial community is state has the obligation of providing protection by no means free of charge. The elected regional and safety to its people. However, there head has the “moral obligation” to repay the are situations that force government elites services provided by the supporters. The means to sacrifice the lives of some for the sake of pursued in repaying their services may vary, national defense and security. ranging from nepotism in the recruitment of The various forms of ethical dilemma CPNS, favoritism in occupational promotion above would eventually lead to decisions or in the regional bureaucracy, up to collusion actions categorized as ethical and unethical.

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The decision-making process or the final argumentation—or just to be exact—that assessment regarding the decision made underlies that decision-making process. The will be much determined by the ethical subsequent question would then be: should perspective employed, whether it is deontology, moral assessment or ethical consideration be consequentialism, or virtue ethics. Every handed back to the personal domain or should action or decision made may seemingly it be integrated into a system of conduct that be justifiable by using one of those ethical is institutionally agreed on and collectively perspectives. Government personnel who obeyed? engage in corrupt practices, for example, may argue that corruption was carried out due to Institutionalization of Ethical Principles in the state’s incapability in providing welfare to the Public Sector its apparatus. Corruption would seem to be Efforts of finding a way to overcome ethical a logical consequence brought about by the dilemmas in the public sector basically depend errors of the state. An even more horrendous on how ethical dilemma is defined. The essence state is when the mentality proliferating among of the various forms of ethical dilemma lies in government personnel is “if we don’t do it the conflict between personal virtue and public (corruption), then we won’t get our share (of virtue. Thus, the ethical dilemma in the public prosperity).” Such mentality is not unexpected sector may be subdued—or moderated to be when corruption in the bureaucracy has become precise—by formulating a series of common pathological, wherein corruption is conducted values that are socially legitimate, which means systemically in massive numbers. that they should be aligned with the normative The dilemmatic condition confronted structure of the prevailing social-political system. by regional heads who were elected through The principles generated through this consensus the regional head election (pilkada) is no less are expected to be able to resolve the issue of complicated. In addition to the demand of ambivalence pertaining to assessing what is assuming their role as a patron to the family and considered as right conduct. These principles primordial group, the elected regional heads would subsequently be made into a mutual are “forced” to conduct reference or manual of conducts. One of the forms due to the shortcomings inherent within the of this manual of conducts is a code of ethics or prevailing pilkada system. It is no secret that what Nietzsche referred to as the“language of good the regional head candidates participating and evil” (Fukuyama, 1996, p. 35). in the pilkada process in Indonesia require a Once discourse on ethics and its relevant substantial amount of fund and in some cases, issues have permeated to the dialogical domain it had even exceeded normal standards. It on a global scale, the efforts of resolving ethical is said that political corruption happens as dilemma issues through the formulation and a logical consequence of the pilkada system’s implementation of ethical principles would own imperfection. Unethical actions conducted also be manifested into a global movement. post pilkada are, thus, not an option but a given The implementation of such ethical principles inevitability. Within such context, the use of includes, among others, in-service ethical deontological and virtue ethics considerations training, whistle-blowing, ethics legislation, would surely loose their charm. and code of ethics (Luk, 2012, p. 363). Based on the above elaboration, the Principles relating to work ethics for decision made by an individual in addressing government employees and officials in the the ethical dilemma one is confronted with United States of America, for instance, contain shall never be separated from the clash of fourteen themes that are stipulated in Executive

8 I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector

Order 12674 and some of its stipulations are As seen in Figure 1, the ALIR model strengthened by the 1992 Appropriations Act. integrates principles of Accountability, Legality, Two basic issues that are regulated concern the Integrity, and Responsibility in response to performance of government employees’ duties ethical dilemmas occurring in the context and use of government facilities. This Executive of democratization and implementation of Order regulates the employees not to use public good governance in the public sector. This office for private gain, not to hold financial model definitely needs to be further developed interests that are in conflict with their duties particularly regarding its operational and authorities, not to use information directly opportunities. A code of ethics ideally includes related to their position for private interest, and reference principles that are both disciplinary and not to utilize their position for accepting gifts aspirational being classified from the lowest to the (Rose-Ackerman, 2010, p. 106). highest standard (Sampford as cited in Preston, In 1998, OECD launched a 1994, p. 15). Each basic principle should be further Recommendation on Improving Ethical elaborated into more specific ethical principles. Conduct in the Public Sector for developing For instance, the principle of professional government ethics with basic principles that, integrity may be elaborated into trustworthiness, among others, are: (1) code of ethics should reliability, and openness (Greenberg & Baron, be clear; (2) code of ethics should be placed 2000, p. 448). Wilding humorously said that “two within a legal framework; (3) there should be spoonsful each of honesty, tenacity and obedience; an accountability mechanism in government and one spoonful of humility are the ingredients that institutions; (4) the decision making process make an ethical administration” (deVries, 2002, p. should be transparent and accountable: (5) 309). The entirety of these ethical principles is government employees should act ethically; then integrated into government institutions in (6) public officials should present ethical the form of formal rules as law and regulation behavior; and (7) there should be an adequate or informal directives as convention, norms, and sanction mechanism to address violations or code of ethics. manipulations (deVries, 2002, p. 317). The government of Indonesia regulates Makrydemetres offers an ALIR model the development of esprit de corps and code as basic principles that should be adopted of ethics for Civil Servants (Pegawai Negeri to overcome ethical dilemma issues in the Sipil – PNS) by using Government Regulation public sector. This model is meant as: “the of the Republic of Indonesia No. 42 the year advanced set of fundamental principles or criteria 2004. The PNS code of ethics is defined as “a that integrate and rearrange the process of dealing guideline of attitude, behavior, and conduct with ethical dilemmas in ” for PNS in carrying out their duties and daily (Makrydemetres, 2002, p. 255). life interactions.” This code of ethics consists Figure 1. of ethics in statesmanship, social ethics, ALIR model of imperatives: A, democratic organizational ethics, personal ethics, and ethics Accountability; L, principle of Legality and in mutual interaction with fellow PNS. Some of the rule of law; I, professional Integrity and the ethical values covered in the code of ethics, autonomy; and R, Responsiveness to civil society among others, are: (1) to be responsive, open, honest, accurate, and punctual in conducting A every state policy and program; (2) to be L obedient and compliant to standard operating I R and working procedures; (3) to provide quick, Source: Makrydemetres (2002) accurate, open, and fair non-discriminatory

9 Policy & Governance Review, Volume 2, Issue 1, January 2018 services; (4) to be honest and open while not serving as a reference for everyone’s conduct. providing invalid information; and (5) to avoid As Scott (2001) mentioned “a system of action conflicts of personal or group interests. was said to be institutionalized to the extent Concerning the feasibility of implementing that actors in an ongoing relation oriented their a code of ethics to overcome ethical issues, it actions to a common set of normative standards is interesting to compare the perspective of and value patterns”(p. 15). Even so, we need modernity and postmodernity. Bauman, one to keep in mind that code of ethics is a flexible of the postmodern thinkers, considers a code and revisable instrument: “code of ethics does of ethics as a modern product that should be not replace ethical reasoning, but it is always rejected as it is choke full of contradictions and accompanied by ethical reflection instead” ambivalence (Ritzer, 2004, p. 278-282). According (Bertens, 2011, p. 299). to Bauman, there is actually no good or evil Institutionalization of public sector individual; there are only individuals who are ethics basically involves the integration morally ambivalent. Hence, Bauman is of the and revitalization of ethical principles in opinion that code of ethics would not help public institutions. Institutionalization of much in improving morality, which is basically ethical principles may be carried out by contradictory and ambivalent. Such claim is using two approaches, namely the internal subsequently known as privatized morality and the external approach. The preference which bears implication on the need for an ethical of using these approaches are by no means system rising from within the human self-based mutually exclusive, but it is more a choice of on principle “available for others before being priority. Ideally, both approaches are employed able to be with others” (Ritzer, 2004, p. 280). The simultaneously as both mutually complement implication of Bauman’s critique is that ethical each other rather than being a substitute for the issues are handed back to the personal domain, other. Makrydemetres (2002) emphasizes the so that code of ethics becomes unnecessary. importance of internal approach rather than Regardless of Bauman’s criticism, a utilizing coercive approaches that are enforced number of study results show that code of through legal instruments: ethics remains effective as a means to cultivate ethical behavior and commitment in state “Ethics is about choice, the choice of the good, which is then habituated in institutions (Bowman & Williams, 1997, p. actual conduct. A further implication 521; Kumasey, Bawole & Hossain, 2017, p. of that is ethics cannot be conceived 72). However, making a code of ethics alone of as a matter of punishment and is not enough as a compilation of these ethical rewards, but rather as a matter of principles—as claimed by proponents of ethics voluntary choice of the good, which is then consistently exhibited in virtue—would only be effective for people one’s conduct”(p. 253). of wisdom with ethical character, but it that would not be the case with people who have yet The main strategy of internal approach retained a quality ethical personality. Hence, is habituation or familiarization: “as Aristotle the code of ethics should be institutionalized points out in the Ethics, moral virtue, unlike to be more effective. intellectual virtue, is learned through habit and Institutionalizing ethical principles repetition, such that initially unpleasant activities means putting ethics as theélan vital within the eventually become either pleasant or, at any rate, social institution as a whole. The code of ethics, less unpleasant” (Fukuyama, 1999, p. 220). This for instance, should be integrated into a system approach may be prompted by exploring and of action that covers standard values and norms cultivating noble values of national heritage as

10 I Made Krisnajaya, Institutionalization of Ethical Principles to Overcome Ethical Dilemmas in the Public Sector a basis for developing ethical principles. Porter carry out and implement noble values of (1990) has shown that the glory of a nation is government culture in their work environment; determined by the people’s superior work ethic, (2) provide description pertaining to indicators and superior work ethics is rooted in ethical of government cultural values into daily principles that have steadily been inherited attitude and behavior (code of conducts) when over time. The Samurai tradition in Japan and conducting one’s duty or when living their Confucianism in China are a code of conducts daily life; and (3) accelerate change of mindset, sources that have led the two nations to their attitude, and behavior of State Civil Apparatus current glory. in the Yogyakarta Special Region so that The National Character Development they are aligned with the values of SATRIYA Policy implemented in the era of Susilo government culture. The most valuable lesson Bambang Yudhoyono’s presidency, and learned from Yogyakarta’s experience is the true the Mental Revolution Policy in the era of importance of habituation process and model Jokowi’s presidency emphasize Indonesian leadership to successfully institutionalize government’s preference for the use of the ethical principles in public bureaucracy. internal approach. The rationale underlying these policies is that ethics should be Conclusion institutionalized with a cultural approach. Ethical dilemmas in the public sector are The strategy of national character development essentially caused by two main factors, namely, and mental revolution should be more focused (1) the ambivalence of ethical implementation on dissemination efforts, habituation, and and definition in the public sector; and (2) culturization of ethical values with human the conflict between personal virtue and personalities as the unit of analysis. The aspired public virtue. To resolve ethical dilemmas characteristics, among others, are honest, polite, reconciliation is required both at the theoretical tolerant, humble, sympathetic, sportsmanlike, and implemental levels. Institutionalization discipline, persistent, and responsible. These of ethical principles in the public sector is are the characteristics expected to be inherent one of the means that can be carried out to within the self of every Indonesian citizen, accommodate such reconciliatory efforts. particularly state civil apparatus and political It is necessary to underline the argument officials of the state. that the institutionalization of ethical principles The institutionalization of government in the public sector should be coupled with law cultural values dubbed SATRIYA in the enforcement. Legal instruments in the form Yogyakarta Special Region Administration of administrative law remain necessary to serves as an actual model of institutionalizing ensure effectiveness and coerciveness of ethical ethical principles by using internal approach principles as a code of conducts for government and involving a series of activities that includes employees in carrying out their duties and dissemination, training, and habituation functions. A series of regulation that covers (Sulistiyani et al., 2017). Institutionalization of sanction mechanism needs to be enforced to the SATRIYA government culture—regulated minimize potential unethical conducts and through the Yogyakarta Special Region maladministration in public management. Gubernatorial Regulation No. 53 Year 2014 No less important is the effort of improving on the Guideline for the Implementation effective and exemplary leadership. A leader of Government Culture—is meant to: (1) should be a role model, that is a figure that is provide a guideline for Regional Work Unit capable of controlling one’s attitude and actions, (Satuan Kerja Perangkat Daerah – SKPD) to particularly in maintaining the consistency

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