INSERTING A HUMAN RIGHTS APPROACH INTO PENAL SYSTEM AND CORRUPTION JUDICIAL DECISION IN INDONESIA

Abstract

INTRODUCTION:In the last decade, it has become almost universally accepted that the development is based on and framed by core human rights, as international norms that protect all people from severe political, legal, and social abuses. Corruption is a central issue of human rights and vice versa. Corruption, even in its most minimal understanding as the waste of public recources, is both a primer source and facilitator of obstacles to development, which constitutes a human right in itself. Corruption is also a cause and facilitator of specific human rights abuses, undermining such core rights as equality before the law and nondiscrimination. Although this fact is not operationalized, it is recognized by Transparency International, as is expressed in the Seoul findings: 'we condemn corruption as immoral, unjust and repugnant to the ideals of humanity enshrined in the Unversal Declaration of Human Righss and we confirm our conviction that all human beings have a basic human right to live in a corruption-free society (Lucy Koechlin, 2007).Considering that corruption relates closely to human rights violation, the preamble of United Nation Convention Against Corruption (UNCAC), 2003 starts by referring to the concern about the 'seriousness of the problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law'. Conceptually, democracy is not identhical to human rights, but this principle has long had a close association with the ideas of human rights (Matthew Lister, 2012). Respecting and protecting human rights is one of the core elements in suppressing and eradicating corruption. The idea of substainable development shifts from an idea of sustainability as primarily ecological, to a framework that also emphasizes the economic and social context of development. The preamble then couples sustainable development with the rule of law. Therefore, it can be argued that the convention begins by recognizing the economic and social rights as well as the civil and political rights of people that the human rights based approaches seek to promote and protect (United Nations Development Programme, 2004).Under Indonesian context, The Indonesian (Anti Corruption Law number 20 of 2001) perceives corruption not only related to state financial loss, but also as a violation of economic and social rights, as stated clearly in the consideration that 'the widespread cases have not only inflicted losses on the state but also violated the social and economic rights of the general public so that corruption needs to be categorized as a crime that must be eradicated in an extraordinary way'. In this sense, a human rights based approach in eradication corruption is one of the extraordinary ways. This approach is taken into account in suppressing corruption in Indonesia because traditional ways appears unsuccesfull to minimize the rate of corruption cases committed by state officials. In some corruption cases showing to public, there is also a fact that corruption has a close connection to human rights violation.In the case of former general secretary of ministry of sport, Wafid Muharram, it is proved that the accused received bribery of 3,2 billion IDR from marketing manajer of Duta Graha Indah Ltd, Mohammad El Idris and manajing director of Anak Negeri Ltd, Mindo Rosalina Manulang. This money was given as a reward for directing Duta Graha Indah as a winner of public procurement of Asean Games athlete building in Palembang. By this bribery the apportunity of parties to obtain the same right for public service does not appear. It is also proved that former governor of Banten, Ratu Atut Chosiyah was legally quilty of corruption in the procurement of medical equipment of Banten province. In this case there is a close connection between corrupt practice of the accused and violation of the right of healthy. …