MINIMIZING CORRUPTION BY OPTIMIZING THE PRIVILEGE OF ACEH ( Constitutional Perspective )

DOI: 10.21532/apfj.001.17.02.02.06 ABSTRACT Eradication of corruption is one way to accelerate national development aimed at realizing justice, prosperity, and order for the Indonesian people as a whole based on Pancasila and 1945 Constitution of the Republic of Indonesia. Aceh has been positioned as a special regional government unit, which is a crystallization of the values contained in the local wisdom of the Acehnese people, such as upholding the principle of divinity in all social activities, including in the scope of local government that always adhere to romantic customs.

The Essence of the foundation for preventing corruption, especially in Aceh, has been attempted by establishing organic regulations, such as Qanun (from Acehnese language means legislation).Substantially, however, the organic regulations are sometimes not directly addressed to the term of corruption.Therefore, it is necessary to formulate regulation as an effort to accommodate the eradication of criminal acts of corruption.On the same occasion, the synergy of customary institutions as the lowest level of local government unit becomes a necessity, especially Imeum Mukim (from Acehnese language means head of customary government).Imeum Mukim can serve as a locomotive to prevent corruption by strengthening his integrity and competence.
The research method used is normative legal research.The type of data used is secondary data, consisting of primary legal material (various forms of legislation), secondary legal materials (data collection of scientific work of scholars and the results of the research relating to the privilege of Aceh Province), and tertiary legal materials (materials providing information on primary legal materials and

A. Introduction
The constitutional journey of the Republic of Indonesia has experienced ups and downs of leadership, one of which when the turmoil of reform took place demanding for the realization of new state leaders who are free from various alleged corrupt practices.Eventually, the massive voice of the people could undermine the dominance of power wall that was considered to have deviated from the basic principles of government, or commonly known as the principle of good and clean government.
Corruption in Indonesia occurs systematically and extensively.It not only harms the state's finances but also violates the social and economic rights of society at large.The eradication of corruption needs to be done in an extraordinary way.Post-reformation, as an effort to prevent and eradicate corruption in Indonesia, the government enacted Law No. 30 Year 2002 on the Corruption Eradication Commission (better known in Indonesia as KPK) which subsequently became the spearhead of anti-corruption until today.
National development is aimed at realizing justice, prosperity, and order for the Indonesian people as a whole based on Pancasila and the 1945 Constitution.However, corruption has been detrimental to the state's finance, economy and national development.Therefore, the eradication of corruption is an urgent agenda that must be conducted and improved professionally, intensively, and sustainably.
On the same occasion, Indonesia, through laws and regulations, acknowledges and respects the privilege and specificity of regional government units.This is expressly stated in Article 18B of the 1945 Constitution of the Republic of Indonesia.1 Aceh has been positioned as a special regional government unit due to the typical character of the history of the struggle of the Acehnese people who have high resilience and fighting power.
One of the privileges and specificities embedded in Aceh Province is the result of a living and growing abstraction value in Acehnese society.The crystallization of the values contained in the local wisdom of the people of Aceh includes upholding the principle of divinity in all social activities, without exception in the scope of the implementation of local government.In addition to the divine principle, the people of Aceh also cling to the romantic customs, in which today it is described through the structure of customary institutions that are accommodated in Law no.11 Year 2006 on the Government of Aceh.
Based on the local wisdom of the Acehnese people, it can be observed that corruption is not a cult act.Even when reflecting on the divinity principles, corruption is a disgraceful act.If the existence of customary institutions can be maximized, it will be possible to realize the government, particularly in Aceh, which is free from alleged corruption practices.Therefore, the local wisdom of the Acehnese people can be made as a paradigm for the implementation of national governance, especially by strengthening the divine principle and optimizing the role of customary institutions as the front guard of society in preventing corruption.

B. Research Method
The research method used is normative legal research.The type of data used is secondary data, consisting of primary legal material (various forms of legislation), secondary legal materials (data collection of scientific work of scholars and research results relating to the privilege of Aceh Province), and tertiary legal materials (materials providing information on primary legal materials and secondary legal materials, such as dictionaries and encyclopedias).Once the data are collected and considered to be complete enough, the next step is to manage and analyze the data.Data analysis is conducted using qualitative data analysis technique.The birth of "Missi Hardi" was an aspiration that has been stated by the people of Aceh, especially related to the religious field, as presented by Tgk M. Daud Beureueh to Soekarno (as President of the Republic of Indonesia), during his visit to Aceh.After the birth of "Missi Hardi", the Government of the Republic of Indonesia, in fact, did not immediately revise the law and regulation on Aceh.In addition, the Government also did not enact a new law accommodating the "Missi Hardi", thus resulting in latent vertical conflict in Aceh.
b. Law no.44 Year 1999 on the Implementation of Special Region of Aceh Province In the context of governance in Aceh, on October 4, 1999 was born Law no.44 of 1999 on the Implementation of Special Region of Aceh Province.The birth of this law was basically to accommodate the things that had been approved on "Missi Hardi" in the fields of religion, custom, and education.During this period the Government of the Republic of Indonesia began to realize to immediately stop the ongoing vertical conflict in Aceh, that is, by accommodating the aspirations developed widely in the people of Aceh.Therefore, the law was expected to be accepted by all layers of the Acehnese people.includes 4 : first, the implementation of religious life; second, the implementation of customary life; third, the implementation of education, and fourth, the role of Islamic religious leaders in determining regional policy.
It should be noted that the special authority of Aceh, in principle, has been agreed upon by the Government of the Republic of Indonesia through "Missi Hardi", but it could only be realized about 40 years later through Law no.44 Year 1999 on the Implementation of Special Region of Aceh Province.This could actually determine the development of politics of law in Aceh, and would have different results if it had been be realized early.On the other hand, the metamorphosis of legislation on the implementation of local government in Aceh was inseparable from the development of local government in the national context, which was the output of the political turmoil in the birth of the reform demands that took place in the 1998.

c. Law No. 11 Year 2006 on Aceh Government
Various efforts have been made by the Government of the Republic of Indonesia to minimize continuous vertical conflicts, such as through military approach, legal approach, regulatory approach, and negotiations between the parties related in the reform era.Finally, on August 15, 2005, both parties agreed with the birth of a Memorandum of Understanding (MoU) of Helsinki between the Government of the Republic of Indonesia and the Free Aceh Movement (better Article 3 (2) of Law no.44 Year 1999 on the Implementation of Special Region of Aceh Province known in Indoensa as GAM).The signing of the Helsinki MoU, in its development, has become a new flash of the history of Aceh Province's journey as well as the people's lives towards a peaceful, just, prosperous, prosperous and dignified state.In this case, the parties were determined to create better conditions so that the government of Aceh could be realized through a democratic and fair process within the framework of the Unitary State of the Republic of Indonesia (NKRI).
Under the Helsinki MoU, the Government of the Republic of Indonesia and the Free Aceh Movement (GAM) agreed on matters, such as "The new Law on the Implementation of Aceh government will be enacted and shall come into force as soon as possible and not later than March 31, 2006".. 5   The mandate of the Helsinki MoU to bring about a new law on Aceh was responded by the Government of the Republic of Indonesia with the birth of Law no.11 Year 2006.The dynamic aspirations of the Acehnese people not only in customary, cultural, social and political life adopting the privileges of Aceh, but also in providing assurance of legal certainty in all matters because the religious basic life of the Acehnese people has shaped good attitudes, high morale, and strong Islamic culture. 6aw no.11 Year 2006 on the Aceh Government, in principle, regulates the special authority of the Government of Aceh.The regional authority in implementing special autonomy is to hold the authority that is still under the authority of the Government of the Republic of Indonesia. 7Law no.11 Year 2006 on Aceh Government has become the essence in organizing the new Aceh Government.As stated by Ahmad Farhan Hamid8 that Law no.11 Year 2006 on Aceh Government is a golden bridge to new Aceh, which is not only peaceful, but also just and prosperous.The next is the sincerity and commitment of the parties to implement it.

Optimizing Local Wisdom as the Privilege of Aceh
Maintaining local wisdom is in line with the adage "think globally, act locally", meaning that all actions, especially in the implementation of government should be based on local wisdom that has lived and developed in the community.Without exception, the initiation to maintain local wisdom should also be implemented by one of the autonomous regions mandated by 7 Husni Jalil in M. Solly Lubis, Paradigma Kebijakan Hukum Pasca Reformasi , (Jakarta: PT Sofmedia, 2010), p. 120.
The special authority, in Law No. 11 Year 2006 on Aceh Government, in accordance with Article 7, states that: (1) The Government of Aceh and the Government of Regency / City are authorized to regulate and administer the government affairs in all public sectors except the government affairs that are under the authority of the Government.(2) The government authorities as referred to in paragraph (1) shall cover the national affairs, foreign policy, defense, security, justice, monetary and national fiscal, and certain religious affairs.(3) In implementing the authority of the Government under its own authority as referred to in paragraph (2), the Government may: First, Implement itself.Second, Submit some of the Government's authority to the Government of Aceh and the Government of Regency / City.Third, Delegate some of them to the Governor as the Government representative and / or the Government agencies.Fourth, assign some of the affairs to the Government of Aceh and Government of regency / City and gampong based on the task of assistance.
the privilege, that is, Aceh Province.This is at least reflected through the hadih maja of Aceh (a past adage) in Aceh language "Adat bak Poteumeurhom, Hukum bak Syiah Kuala, Qanun bak Putroe Phang, Reusam bak Laksamana".Based on the phrases, it should be understood that the reflection of the legitimacy of local wisdom, including the customs as well as Islamic Shari'a essentially has become part of the life of the people of Aceh.Based on the mandate of several articles, there are currently organic regulations that are competent to describe the implementation of Islamic Shari'ah in Aceh, that is,: first, the Aceh Qanun on Jinayat in the case of large thefts.However, for petty small theft of the perpetrators for the first time will be whipped, while for the repeated small theft is considered a great theft, and the death penalty has never been imposed on the thief ... " In the context of analogy of corruption as one element of theft, then in Islamic law is known two types of theft; first, small theft (alsariqah al-sughra); second, the big theft (al-sariqah al-kubra) just like a robbery in the street.For this theft, the hadd punishment is given, based on the fundamental reason that a thief has violated God's right.And then the hand-cut penalty is imposed, while the violation of the right of the victim is done by replacing it 12 .
As for the penalty of exile (as told by Dampier with exile to Weh Island), it should be understood as ta'zir and permissible in Islamic law.It is addressed to acute perpetrators who can no longer be healed through a hadd-like penalty.Therefore, this punishment clearly shows a way to prevent the perpetrator from repeating his actions and also a lesson for others not to commit a crime 13 .

b. Optimizing Customary Institution
One of the efforts to minimize the corruption in Aceh is usually derived from legislation, that is, the establishment of "Aceh Qanun on the Development of Indigenous Life and Customs". 14In essence, Qanun is defined as the rules of deeds and 12 Amirul Hadi, Op. Cit.,hal. 182. 13 Ibid., hal.186.
Law no.44 Year 1999, on the Implementation of Special Region of Aceh Province, emphasizes more about the privilege of Aceh 3 The privilege of Aceh, based on this law, 3 Privilege is the recognition of the Indonesian nation given to a region because of the struggle and the intrinsic values of the community kept up from generation to generation as a spiritual, moral, and humanitarian base.Article 3 (1) of Law no.44 Year 1999 on the Implementation of Special Region of Aceh Province.Volume 2, No.2 nd Edition (July-December 2017) Cakra Arbas : Minimizing corruption by optimizing the privilege of aceh..... Page 185-192

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Point 1.1.1MoU between the Government of the Republic of Indonesia and the Free Aceh Movement (GAM).The mandate should have been realized not later than March 31, 2006, but the mandate can only be realized on August 1, 2006, with the issuance of Law no.11 Year 2006 on Aceh Government.

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Qanun No. 9 Year 2008 on the Development of Indigenous Life and Customs.
The Decree of the Prime Minister of the Republic of Indonesia No. 1 / Missi / 1959 on the Determination of the First Level Region of Aceh as the Special Region of Aceh, at Point "a".See also in Hardi, Api Nasionalisme Cuplikan Pengalaman, (Jakarta: Gunung Agung, 1983), p. 137-139.See also in the Ministry ofEducation and Culture, Sejarah Daerah Provinsi Daerah Istimewa Aceh, (Jakarta: Depdikbud, 1977), p. 189.See also in M. Nur El Ibrahimy, Tgk M. Daud Beure'euh, Peranannya Dalam Pergolakan di Aceh , (Jakarta: Gunung Agung, 1986), p. 175. 2 Today the organization of community life in Aceh has accommodated the past adage of various results of the abstraction of the value of the Acehnese community, which is further realized through Qanun, whether it is the Aceh Qanun on the development of indigenous life and customs, and Qanun Aceh on Islamic Shari'a, and Qanun Aceh on Jinayat (from Aceh language means the study of Islamic jurisprudence on criminality)