Democracy and Anti-Corruption Strategy: The Role of Civil Society in Preventing and Combating Corruption in Indonesia*

ABSTRACT Corruption is an impediment to development and also amounts to a violation of human rights.1 The fight against corruption is a requirement in the good governance program.2 Civil society as the biggest stakeholder in a Statehas the prominent role in the fight against corruption.3 Indonesia placed at 107th rank in the Corruption Perception Index (CPI) and is one among states which are severely impeded by corruption.4 Corruption in Indonesia is rampant and pervasive, several cases such as Cicak versus Buaya case and the appointment of Budi Gunawan have attracted public attention massively.5 Indonesian civil society gunawan has actively engaged in the processes of these cases and their voice did make change, for example in the case of Cicak versus Buaya, the voice of civil society has led to the deponeering decision of Bibit and Chandera’s prosecution.6 This article aims to explain the legal framework on the participation of civil society with regard to corruption prevention and to conceptualize the role of the civil society in combating corruption by taking the evidence of emerging civil society and its relation to anti-corruption in Indonesia. This article also aims to explain the relationship between civil society, democracy and good governance as a strategic anti-corruption measures.

has the prominent role in the fight against corruption. 3Indonesia placed at 107 th rank in the Corruption Perception Index (CPI) and is one among states which are severely impeded by corruption. 4Corruption in Indonesia is rampant and pervasive, several cases such as Cicak versus Buaya case and the appointment of Budi Gunawan have attracted public attention massively. 5Indonesian civil society has actively engaged in the processes of these cases and their voice did make change, for example in the case of Cicak versus Buaya, the voice of civil society has led to the deponeering decision of Bibit and Chandera's prosecution. 6 This article aims to explain the legal framework on the participation of civil society with regard to corruption prevention and to conceptualize the role of the civil society in combating corruption by taking the evidence of emerging civil society and its relation to anti-corruption in Indonesia.This article also aims to explain the relationship between civil society, democracy and good governance as a strategic anti-corruption measures.

I. Legal Framework on the Participation of Civil Society in Anti-Corruption Strategy
The definition of civil society is diverse from source to source, the World Bank defined the civil society as the arena where people gather together to discuss for something that they have in common. 7  Butt, Corruption and Law in  Indonesia, Routledge: Oxon, 2012, p. 90-113.Page 165-176   the idea that civil society is a public sphere. 8vil society is an arena outside the state where citizens can advance their interests. 9The idea that is propositioned by Habermas can be taken further to say that any civic action, inter alia, mass social movements and popular demonstrations are forms of civil society's manifestation. 10Sanders et al, classified the compositional characteristics of civil society into five compositions, those five compositions are the structure of organization in the civil society's organization, the private nature of the organization, the non-profit orientation of the organization, the self-governing nature of the organization and the non-voluntary membership. 11However, defining civil society in a single definitive concept is difficult. 12e participation of civil society is regulated on international and national level.The legal continuum on civil society aims to promote, encourage and strengthen the participation of civil society in governance, especially with regard to anti-corruption.On international  Journal, 2006, Vol. 19, No. 3, p. 319-348.level, the main legal instrument on the fight against corruption is the United Nations Convention against Corruption (UNCAC) 13 .14 The legal continuum on the fight against corruption is then supplemented by several regional legal instruments concerning anti- program.Democracy based its foundation on the civil society and good governance. 30In the case of corruption, civil society is united by the common need to fight corruption.
A strong civil society will carry on the role as the supervisor of the government.Montesquie, in his theory of trias politica emphasized that democracy must be based on the notion of separation of power. 31In the separation of power only, the check and balance control between the government and the governed is being conducted.Corrupt practices happened when there is a lackness of transparency and accountability.The lack of transparency and accountability can be countered by the existence of civil society in anti-corruption strategy. 32Civil society plays an important role as an external control over the Government.
When the internal control has been eroded by corruption as it can be seen through many cases of corruption involving public officials, 33 an impartial external control is needed.The case of Gayus Tambunan is an example that stronger internal control in par with external control is needed to combat corruption. 34The deliberative nature of civil society inherently stands with the realization of good governance.The law favors the participation of civil society in preventing corruption due to the nature of civil society.Civil society is also important to ensure the acceptance and legitimacy of policy and laws. 35In order to maintain an institution morally intact with its constitution, an external impartial control is needed.Power should never go unchecked, a principal has to control its agents in order to ensure that the constitution is correctly implemented.Civil society also offers variety of perspectives which are important to form an effective and strategic policy for government. 36erefore, to prevent and combat corruption, ipso facto, civil society has to be strengthened.
Democracy at its core bestows itself in the participatory nature of every person in a society. 37Contemporary democracy in  The Governmental Regulation highlights and emphasizes the rights and obligations of society to be actively involved in preventing and combating corruption, art.1-4.Retrospectively, the Law number 31 of 1999 is based on the Law number 28 of 1999 concerning National Governance that is Clean and Free from Corruption, Collution and Nepotism.The Law number 31 of 1999 specifically derived from the Law number 28 of 1999 with enforceable articles.The role of society in anti-corruption has been consistently affirmed in the Law number 28 of 1999, the Law number 31 of 1999 until the Governmental Regulation number 71 of 2000.
of the government's education program. 39e citizen has to understand their rights and obligations, especially with regard to preventing corruption.However, further dissemination through various means, inter alia, the media is vital to ensure that the citizen understand their rights and obligations.
The proposed effective means to prevent corruption is by raising people's awareness that corruption is evil, impediment of economic growth and development and morally corrosive.However, despite its pivotal role to prevent and combat corruption, the dissemination of people's rights and obligations to participate in anti-corruption agenda is not quite popular yet.
The obligation to disseminate is an underrated, many opinions too overly has been focused on deterrence by punishment.This way of thinking is not wrong, albeit, the underrated means to deter corruption has to be highlighted and prioritized too.In conclusion, a strong civil society will be a strategic and effective element to prevent and combat corruption in Indonesia. 41

Natasha
Hamilton-Hart, "Anti-Corruption Strategies in Indonesia", Bulletin of Indonesian Economic Studies, Vol.37, No.1, 2001, p. 65 Volume 1, No.2 nd Edition (july-December 2016) Ratna Juwita, LL.M., : Democracy and Anti-Corruption Strategy:..... Page 165-176 Indonesia nowadays, is far from the deliberative democracy, the rule by the elites is too overwhelming and the chain between people as the principal and government as the agent is weakened.Many reprehensible behaviors conducted by governmental institutions such as the clash between KPK and Police Institution in the case of Cicak versus Buaya.Indonesia has established the legal basis concerning the participation of civil society in anti-corruption program, inter alia, the Law number 31 of 1999 concerning Corruption Eradication, it has been regulated that society has to be included in the anti-corruption agenda and enforcement. 38On the normative realm, the foundation of recognition and encouragement for a stronger civil society has been placed.Subsequent action that has to be taken by the Government is the education to people concerning their rights and obligation to participate in the governance.Civic education has to be accommodated and became the focus 38 The Law number 31 of 1999 concerning Corruption Eradication, art.8-9, further regulations were established in order to support the realization of art.8-9 for example, the Governmental Regulation number 71 of 2000 concerning the Guidelines on the Participation of Society and Awarding for Eradication and Corruption Prevention.
The concrete exemplification of the importance of civil society to prevent and combat corruption is the active reporting attitude of civil society when it finds suspicious behavior of public officials with regard to the corruption allegation.Discerning upon the nature of corruption itself that is hidden and secretive, it is difficult to allege corruptors unless there is sufficient evidence.Civil society can contribute in monitoring suspicious behavior from the public officials such as unusual wealth possessed by the public employee.Their reports to the respective organs with a mandate to prevent and combat corruption can help to counter the secretive nature of corruption. 40The dissemination of information concerning the rights and obligations of civil society to participate in preventing and combating corruption is compulsory for successful anticorruption strategy.Every person has to realize and understood this concept thus education and dissemination on this matter is an important 39 Michael Johnston, Syndromes of Corruption, Wealth, Power and Democracy, Cambridge: Cambridge University Press, 2005, p. 187. 40Supra note 5, p. 47. matter.For example, civil society guides the formulation of anti-corruption laws and policies.Civil society also shall oversee the cases of corruption and they should have the awareness that their voice does matter.It has been prevalent that enforcement is important to deter corruptors and civil society is the vital organ to control and oversee the enforcement.
There are three main organs that have the mandate to prevent and combat corruption, those are the police institutions, judicial institutions and KPK.Civil society can contribute so much to help these three organs to prevent and combat corruption.Due to that reason, the police institutions, judicial institutions and KPK have to hand in hand working on the dissemination of the rights and obligations of a citizen with regard to corruption prevention.The narrative of the successful dissemination is a strong civil society that has the ability to monitor carefully the governance.A strong civil society has the orientation to guide the governance, they will demand integrity, accountability and professionalism in the governing process.They will actively participate because of the understanding that their voices do matter for Volume 1, No.2 nd Edition (july-December 2016) Ratna Juwita, LL.M., : Democracy and Anti-Corruption Strategy:..... Page 165-176 preventing and combating corruption.The cause of corruption is the lackness of integrity, accountability and professionalism of the public employee.When civil society as the principal cannot control and monitor the public employee as the agents, corruption will likely happen, therefore a strong civil society is the promising solution in combating and also subsequently preventing corruption in Indonesia. 41III.Conclusion Civil society plays a pivotal role in preventing and combating corruption.In Indonesia, the rise of awareness concerning anti-corruption that has been displayed by the civil society as exemplified in the case of Cicak versus Buaya and the cancellation of Budi Gunawan's appointment as the Head of Police Institution, should be regarded as a good phenomenon and a juncture in the fight against corruption.Civil society contribution in social pressure towards the Government can help in reducing the chance of corruption by supervising closely the behavior of the public employees.A good governance as a requirement for ideal democracy can only be achieved if civil society is actively participating in the governance.Professionalism, accountability, integrity and transparency as key principles in good governance thus can be strengthened and eventually minimizing the chance for the public employees to conduct corruption.

Participation of Civil Society as An Anti- Corruption Measures: the Rise of Civil Society Awareness with Regard to Anti- Corruption in Indonesia.
ADB-OECD Anti CorruptionInitiatives for Asia Pacific, Combating Corruption in the New Millenium, 2000; the third pillar of the Anti Corruption Initiatives is the support from the government for the active participation of civil society in anti corruption.The initiatives regulates that encouragement on public discussion with regard to the issue of corruption is needed in order to gain awareness and support from civil society.
the Law number 31 of 1999 on the fight against corruption and the Law number 20 of 2001 on the change within the Law number 31 of 1999 on the fight against corruption. 20.After 1998, the reformation era, Indonesia third plenary session, 29 March 1996. 18One of the purposes to combat corruption based on the African Union Convention against Corruption is to remove impediment on the realization of socio economic rights that has been stated in art.4, African Union Convention against Corruption placed the role of the civil society and media in par in article 12 of the Convention.African Union, African Union Convention on Preventing and Combating Corruption, UNTS No. 5008, Maputo, 11 July 2003. 19ADB-OECD, It is also important to establish an anti-corruption culture through education.Paragraph 1-3. 20The Law number 31 of 1999 and the Law number 20 of 2001, also see the Law number 28 of 1999.28 Ibid. 29Alan Whaites, Let's Get Civil Society Straight: NGOs, the State and Political Theory, in Jenny Pearce and Deborah Eade, Development, NGOs and Civil Society, Oxfam GB: Oxford, 2004, p. 124-141. -82.