"After listening to the whisperers, consultants and survey owners, Petruk, fueled by his newfound determination, leaned in. 'Gareng,' he declared, 'you underestimate the power of my elites. They’re not mere wizards; they’re sorcerers with PowerPoint presentations. Democracy? It’s their favourite buzzword, like ‘free Wi-Fi’ at a coffee shop. And the national debt? They’ve turned it into a subscription service—‘Sign up now for our premium debt package! Unlimited borrowing!' Brilliant marketing, really.'Gareng chuckled. 'True,' he said, 'but let’s not overlook their signature move—the ‘Spin Cycle.’ They take scandals, toss them in the political washing machine, and voilà! Clean, fresh narratives. ‘Ransomware scandal? Oh, that’s just a misunderstood software update to delete certain data.The grand finale is the election results. The curtain falls, the lights dim, and the winner emerges. In the labyrinthine halls of governance, where shadows whisper secrets and echoes of power reverberate, your elites grapple with the enigma of General Elections Luber-Jurdil. This cryptic acronym—Langsung, Umum, Bebas, Rahasia, Jujur, dan Adil (Direct, Universal, Free, Secret, Honest, and Fair)—holds the keys to the kingdom, yet its true melody eludes them—your elites grapple with the enigma of interpreting free and fair as adjectives and passive voices, not as verbs and active voices.According to the sages—the modern-day oracles—these concepts are more than mere dictionary definitions. They are cosmic forces that shape the destiny of nations. First, ‘free’ unfurls its wings—a phoenix rising from the ashes of conformity. It’s not just about saying what you want; it’s about being free to be yourself in all your imperfect glory. Imagine a world where every soul dances to its rhythm, unshackled by fear or societal norms. That’s true freedom.Next, ‘fair’ steps onto the stage, implying that all parties deem the conduct and results acceptable, a tightrope walker balancing justice and compassion. It’s not merely about ticking boxes; it’s about safeguarding conscience. Picture a courtroom where Lady Justice adjusts her blindfold, ensuring that even unpopular views find a seat at the table. Fairness whispers, ‘Your thoughts matter, even if they don’t trend on social media.’And as for ‘periodic implementation,’ it’s the metronome of stability, to ensure that power does not 'tend to corrupt'. Like clockwork, it ensures that power doesn’t morph into a wrecking ball. Imagine governance as a symphony—each note played at the right time, every crescendo building toward progress. It’s the heartbeat of a nation, pulsing with checks and balances.'For a moment, Petruk stood transfixed—not by mere luck, but by the weight of a promise made. He envisioned the pledge he had given to his wife, Dewi Prantawati, daughter of Prabu Sri Batara Kresna, the reigning monarch of the Dwarawati Kingdom, and their son, Bambang Lengkungkusuma. The boy had pleaded, his voice a persistent melody, urging Petruk to ascend him to the noble rank of Adipati.And so, this satire continues. Tune in next time for more absurd metaphors!"“In the grand symphony of governance, robust institutions are the sturdy pillars that hold aloft the majestic edifice of a state or nation. Like ancient oaks rooted deep in the soil, they channel the winds of change, ensuring that the harmonious notes of law resonate consistently across the land. These institutions, akin to skilled conductors, orchestrate the movements of economic prosperity, social cohesion, and national security. Their unwavering commitment to stability and well-being transforms society into a melodious composition, where every citizen finds their place in the chorus of progress,” Seruni continued."From an Economic Development perspective, the roles of robust institutions in a strong nation include predictable and stable institutions that attract domestic and foreign investment by providing a secure environment for business operations. Strong regulatory institutions ensure that markets operate efficiently, fostering economic growth. For Social Stability, robust institutions provide mechanisms for resolving conflicts peacefully, reducing the likelihood of social unrest. Effective institutions ensure the provision of essential services such as healthcare, education, and social security, enhancing social stability.To Political Stability, institutions that support democratic processes ensure political stability through fair elections, the rule of law, and the protection of civil liberties. Robust institutions prevent the concentration of power and authoritarian tendencies by ensuring checks and balances.Robust institutions also have their roles in National Security. Strong institutions are crucial for national defence and maintaining internal law and order. Institutions with robust crisis management capabilities can effectively respond to emergencies and disasters. Institutions play a role in Cultural Cohesion, preserving and promoting cultural heritage, fostering a sense of national identity and cohesion. Education systems and other cultural institutions help integrate diverse populations and promote social harmony.Robust institutions are fundamental to the strength and stability of a state or nation. They ensure the consistent application of laws, effective governance, economic development, social stability, and national security, making them indispensable for the overall well-being and prosperity of a society. For example, independent and impartial courts that uphold the rule of law and protect citizens' rights. Effective parliaments or congresses that represent the population and create balanced legislation; Bodies that oversee industries, ensuring fair practices and protecting public interests; Efficient institutions that provide essential services such as healthcare, education, and infrastructure; and stable and transparent financial systems that support economic growth and development.Tom Bingham refers the rule of law as the idea that all people and institutions, including the government, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. The rule of law ensures that no one is above the law and that laws apply equally to all citizens. Bingham lays out the key principles of the rule of law, such as clarity, stability, and fairness, which are essential for understanding the importance of independent and impartial courts.He highlights the critical roles of various institutions, including courts, legislatures, and executive bodies, in upholding the rule of law. Courts play a crucial role in interpreting the Constitution and laws. They ensure equal enforcement by hearing grievances and resolving disputes. When rights are infringed, courts hold both majority and minority opinions accountable.Legislatures (suc as the UK Parliement or DPR in Indonesia) create laws. A legislature is an officially elected assembly responsible for making laws. It operates at various levels, including national, state, or local government. Legislators (members of the legislature) engage in tasks such as creating new laws, evaluating existing ones, and staying connected with constituents. Legislatures create laws by proposing, debating, and passing legislation. The rule of law constrains their powers; they must act lawfully and can be held accountable by the courts. It ensures that no one is above the law, including legislators. Legislators must act lawfully, adhering to constitutional principles and respecting individual rights. If legislators violate the law or act unlawfully, they can be held accountable by the courts.The executive formulates and implements policies. They execute and enforce laws, ensuring consistency with legal principles. In the context of the executive branch, which includes the President, Vice President, the Cabinet, executive departments, independent agencies, and various boards and commissions. The executive branch plays a key role in shaping policies. This involves developing plans, strategies, and guidelines to address various issues. Policies can cover areas like national security, economic development, healthcare, education, and environmental protection. The President, along with advisors and experts, formulates these policies based on their vision, priorities, and legal considerations.Once policies are formulated, the executive branch puts them into action. This involves executing the plans and ensuring their practical implementation. Agencies and departments within the executive branch carry out specific tasks related to policy implementation. For example, if a policy aims to improve healthcare access, relevant agencies work on implementing programs, regulations, and funding mechanisms.The executive branch is responsible for enforcing laws passed by Congress (the legislative branch). This includes ensuring compliance with federal statutes, regulations, and executive orders. Agencies investigate violations, impose penalties, and take corrective actions when necessary. While implementing policies and enforcing laws, the executive branch must adhere to legal principles. These principles include constitutional rights, due process, equal protection, and other fundamental legal norms. Ensuring consistency with legal requirements is essential to maintain a just and accountable system. The executive branch actively shapes policies, puts them into practice, and ensures that laws are faithfully executed while upholding legal standards.In the case of Indonesia, various sources of survey data show that The Dewan Perwakilan Rakyat (DPR), also known as the House of Representatives, has faced several weaknesses and challenges. The DPR has been perceived as corrupt by the Indonesian public. The DPR has long struggled with corruption allegations. Public perception often associates it with bribery, misuse of funds, and unethical practices. Efforts to improve transparency and accountability are ongoing, but the perception lingers.The DPR’s decision-making process can be opaque and authoritarian. Key decisions are often made by small groups within parliamentary commissions, bypassing the plenary session. This lack of transparency can lead to suspicions of favouritism and backroom deals. The DPR, as the lower house, wields significant power. However, this power dynamic creates an imbalance with the Regional Representative Council (DPD), which serves as the upper house. The DPD has limited legislative authority, leading to tensions between the two chambers.The Diplomat mentions that Indonesia’s executive branch faces several challenges and weaknesses. They have sought compromises with corrupt politicians and intolerant leaders. Their administration has surrounded itself with those who may have little commitment to democratic principles. Deep polarization was viewed as a primary threat to Indonesia’s democratic consolidation. Money politics, self-branding, vote buying, and the persistent issue of corruption remain obstacles to achieving good governance.Nathan Junino Jahja, Nor Farizal Mohammed & Norziana Lokman tell us that corruption within Indonesia’s State-Owned Enterprises (SOEs) has been a significant concern. These enterprises, established as vehicles for economic growth and public service, unfortunately became fertile ground for corrupt practices to take root. The Corruption Eradication Commission (CEC) has been actively engaged in investigating corruption cases related to SOEs. Between 2005 and 2019, the CEC handled twenty-one corruption cases, implicating a total of thirty individuals. Notably, in 2020, the CEC dealt with six corruption cases specifically on SOEs. Misallocation of funds intended for investment and development is one avenue through which corruption manifests within Indonesian SOEs. Corruption undermines public trust in the government, and the rule of law, and discourages foreign investments. It also hampers economic growth and development in Indonesia.Despite legislative measures aimed at combating corruption, their application remains deficient and inefficacious, necessitating substantial reforms within the governance framework.Nardello & Co mentions that Indonesia’s state-owned enterprises (SOEs) have faced serious allegations of corruption and mismanagement. The Corruption Eradication Commission (KPK) is investigating allegations of fictitious procurement expenses paid by Telkom Group, a major telecommunications firm. Tens of millions of USD may have been siphoned from the company’s budget. The alleged corruption within Telkom Group has led to significant financial losses for the state. PT Taspen, a state-owned insurer specializing in civil service pensions, is under investigation for fictitious procurement of goods and services. The case highlights concerns about corruption within SOEs. State-owned pharmaceutical company PT Indofarma is investigating fraud at one of its subsidiaries. Nearly USD 30 million in proceeds was not properly reported. These investigations underscore the need for continued efforts to combat corruption and improve governance within Indonesian SOEs.Christopher May and Adam Winchester explore the multifaceted concept of the rule of law, its theoretical foundations, practical implications, and challenges in various contexts. They outline core principles such as legality, accountability, equality before the law, separation of powers, and protection of fundamental rights. They also highlights key milestones such as the Magna Carta, the development of constitutionalism, and the establishment of judicial review. They stress the importance of judicial independence as a cornerstone of the rule of law, allowing courts to function free from external pressures and biases.They suggest that corruption and weak institutions significantly undermine the effective implementation of the rule of law. Corruption erodes public confidence in the legal and judicial systems, leading to a perception that the institutions meant to uphold the rule of law are compromised. When citizens believe that the law is not applied fairly or that legal outcomes can be bought, their willingness to comply with the law diminishes.Corruption often results in the selective enforcement of laws, where those with power or money can escape legal consequences while the less privileged face harsher penalties. Vulnerable populations are disproportionately affected by corruption, exacerbating social inequalities and perpetuating cycles of poverty and injustice.Corruption can lead to the distortion of policy and legislative processes, as decisions are made based on personal gain rather than the public interest. Public resources are misallocated or siphoned off due to corrupt practices, reducing the effectiveness of government services and infrastructure projects.Weak institutions are more susceptible to political interference, undermining the independence and impartiality of the judiciary and other legal bodies. Political actors may manipulate legal processes for their benefit, undermining the rule of law and perpetuating authoritarian practices.Weak institutions often lack robust oversight mechanisms, making them more vulnerable to corrupt practices and reducing accountability. In the absence of strong institutions, a culture of impunity can develop where corrupt and illegal activities go unpunished.Corruption and weak institutions often create a vicious cycle, where corruption further weakens institutions, and weak institutions are less able to combat corruption. The combination of corruption and weak institutions hampers economic development, discourages investment, and stifles innovation and growth. These issues pose significant threats to democratic governance, as they undermine the rule of law, weaken checks and balances, and erode the legitimacy of democratic institutions.May and Winchester suggest that political interference in judicial processes and the erosion of judicial independence are prominent threats to the effective implementation of the rule of law. Political interference can lead to biased judicial decisions that favour the interests of those in power rather than delivering impartial justice. Politicians may exert influence over judges to achieve desired outcomes in legal cases, compromising the fairness and credibility of the judicial process. When the judiciary is perceived as being influenced by political actors, public confidence in the legal system diminishes. Judicial decisions influenced by politics are viewed as illegitimate, reducing respect for the rule of law and legal institutions.Political interference undermines the judiciary's role as a check on executive and legislative power, weakening the system of checks and balances essential to a functioning democracy. It leads to the centralization of power in the hands of the executive or ruling party, eroding democratic governance.The process of appointing judges can be manipulated to favour candidates who are loyal to the ruling party, compromising the independence of the judiciary. Judges may face threats to their tenure or be subjected to dismissal for decisions that are unfavourable to political leaders, undermining their ability to act independently. Control over judicial budgets by political actors can be used as a tool to influence judicial behbehaviouravior, with threats of budget cuts for non-compliance. Politicians may interfere in the administrative functioning of the judiciary, including case assignments and procedural rules, to exert control over judicial processes. Judges may face direct threats, intimidation, or harassment from political actors seeking to influence their decisions. Legal reforms may be introduced to curtail judicial independence as retaliation for unfavourable rulings, further undermining the judiciary's role.An independent judiciary is crucial for the protection of human rights. Political interference often leads to the erosion of these protections and an increase in rights violations. Politically motivated decisions can result in impunity for human rights abuses and corruption, further entrenching systemic issues.Political interference creates legal uncertainty, as decisions may be based on political expediency rather than legal principles. It paves the way for arbitrary rule, where laws are applied selectively based on political considerations. Investors are less likely to invest in countries where the judiciary is perceived as corrupt or politically influenced, negatively impacting economic development.A stable and predictable legal environment provides a framework within which businesses can operate confidently. Legal certainty reduces the risk of arbitrary actions and ensures that laws are applied consistently. Investors are more likely to commit resources to economies where the rule of law prevails, as they can rely on the enforcement of contracts and property rights.The rule of law ensures that property rights are protected, which is essential for economic development. Secure property rights encourage individuals and businesses to invest in and develop their assets. A strong legal system mitigates the risk of expropriation or arbitrary seizures of property, providing a secure environment for long-term investments.Effective legal institutions facilitate the enforcement of contracts, which is vital for business transactions and economic activities. Efficient dispute resolution mechanisms reduce transaction costs and legal uncertainties. A well-functioning judiciary resolves disputes in a timely manner, contributing to a more efficient business environment and reducing the costs associated with legal conflicts.The rule of law helps to prevent corruption by holding individuals and institutions accountable. Reducing corruption fosters a more level playing field for businesses and enhances economic growth. Legal frameworks that promote transparency and accountability reduce the opportunities for corrupt practices and enhance the credibility of economic policies.A stable legal environment attracts both domestic and foreign investment by providing a reliable basis for economic activities and protecting investors' interests. Protection of intellectual property rights and legal certainty encourage innovation and entrepreneurship, driving economic development and technological advancement. The erosion of judicial independence can lead to social unrest and instability, as citizens lose faith in the ability of the legal system to deliver justice.Clean legal institutions, such as independent courts, impartially interpret and apply laws, play a crucial role in upholding the rule of law and ensuring a just and accountable society. They resolve disputes fairly, ensuring equal treatment for all individuals regardless of their status or influence. These institutions provide clarity by consistently applying legal principles. Predictable outcomes foster confidence in the legal system.Clean legal institutions act as a check on other branches of government. They prevent abuse of power and hold authorities accountable. Legal institutions safeguard fundamental rights (e.g., freedom of speech, due process). They prevent arbitrary actions by public officials. Clean legal institutions maintain order, protect rights, and ensure a stable legal framework.Legal institutions play a critical role in combating corruption and promoting good governance. Anti-corruption regimes encompass legal frameworks designed to prevent, detect, and prosecute corruption. Legal institutions must have the capacity to investigate, prosecute, and adjudicate corruption cases. Audit institutions, an independent judiciary, and robust law enforcement work together to hold corrupt actors accountable. Transparency in financial transactions and public administration helps prevent corruption. Legal institutions need resources and expertise to combat corruption effectively.International legal frameworks play a crucial role in addressing cross-border corruption. Conventions like the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organized Crime (UNTOC) facilitate international cooperation. Regional agreements, such as the Arab Anti-Corruption Convention, Inter-American Convention against Corruption, and African Union Convention on Preventing and Combating Corruption, enhance collaboration among neighbouring countries. These conventions encourage joint efforts to combat corruption. Initiatives like the Global Operational Network of Anti-Corruption Law Enforcement Authorities (GlobE Network) connect anti-corruption practitioners worldwide. They facilitate communication, coordination, and the exchange of best practices.We have delved into Robust Institutions as one of the key elements in a strong nation. In our further discussion, we will explore Resilience and Adaptability as characteristics of a resilient nation. Biidhnillah."Later, Seruni recited a poem,In marble halls, where laws are spun,Legislators whisper, “Let’s have some fun!”Executives wink, their pockets swell,Corruption waltzes—a tango from hell.
Citations & References:
- Tom Bingham, The Rule of Law, 2011, Penguin UK
- Christopher May & Adam Winchester (Eds.), Handbook on the Rule of Law, 2018, Edward Elgar
- Nathan Junino Jahja, Nor Farizal Mohammed & Norziana Lokman, Corruption Cases in Relation to State-Owned Enterprise in Indonesia, 2023, European Proceedings
