MOTIVES OF CRIMINAL ACTS OF CORRUPTION IN INDONESIA (Study of Decision Number: 52/Pid.Sus-TPK/2016/PN.Tjk)

The data presented in this study are legal facts that come from informants who are directly involved in the investigation of corruption crime at Lampung Provincial Health Office, conducted by the High Prosecutor Attorney Lampung as well as the Prosecutor and the decision of the Panel of Judges who tried the case of corruption of Ambulance procurement project, Mobile Hospital support unit, 4 WD Ambulance sourced from APBD Lampung Province in 2013 worth of IDR.7.600.000.000.00 (seven billion six hundred million rupiah). In addition to this data, the same motive occurred to Defendant Mustofa (Regent of Central Non-Active Lampung who was on the KPT OTT on February 15, 2018) and on Monday, July 23, 2018 sentenced to 3 years in prison, for being proven to give bribes to the DPRD together with Taufik Rahman (Head of Bina Marga Lampung Tengah) with the intention to tidy up the loan to PT.SMI. The result of research is that corruption crime in Indonesia is done by more than one perpetrator, which is divided in two variables that support each other that is between leader and subordinate. This variable is consistent with the conclusion of Lambsdorff's research which states "there is a strong relationship between the head and subordinate in a corruption act called 'corrupt head' and 'corrupt subordinate'”. Lambsdorff’s research results are used as a knife analysis in exploring the factors that strongly influence the occurrence of corruption in Indonesia. When examined from the sociological aspect, about the criminal acts of corruption that occur in Indonesia, it turns out that the perpetrators of corruption in performing acts are not alone, but more than one person, divided into 2 (two) groups, namely the superior group as the holder of power/authority and subordinate group as the executor of the activity. In this study it is found that the factors that encourage perpetrators to commit criminal acts of corruption is the existence of sociological factors, among others; factor of proximity/trust between superiors and subordinates, feelings of indebtedness of subordinates, because they have been promoted to good positions

policy of highway development both on the sea and on land.The result, within 3 (three) years of Jokowi-JK lead the State, many infrastructure programs have been implemented by President of Republic of Indonesia, among others; constructing dams or reservoirs to support the agricultural program of a million hectares of rice fields, tax amnesty program to overcome the country's financial revenue deficit, law enforcement against fish thieves in the Indonesian sea by sinking the ships used to steal fish, build sea tolls that become one breakthrough of Jokowi-JK program to overcome the high price of nine basic materials and building materials in eastern Indonesia, among others, in Papua and West Papua and to build toll road infrastructure in Papua, Sumatra, Java and other areas considered to be prioritized for toll road construction.
President of the Republic of Indonesia JokoWidodo stated that Indonesia is once the largest maritime country in Southeast Asia, so with the spirit of fighting as Maritime Country, Jokowi-JK find a way to overcome the problem of the high price of nine basic commodities and the price of building materials in eastern Indonesia by way of building tolls at sea and toll on land. The development of toll roads in the sea and on landis not only implemented on the islands of Java, Sumatra, Bali, and Lombok, but also in Papua. Toll roads have been built as evidence of the implementation of the Cabinet's Work, Work, and Work policy.
With the connection between ports through sea tolls, with sea toll lanes to all areas in eastern Indonesia, connecting the island of Java and Sumatra, it has created smoothness in the distribution of goods to eastern Indonesia to the remote areas. Bupati of Biak Numfor Thomas Ondy stated; the region of Papua and West Papua is an archipelago area, so the strategic policy by building a sea toll that is done by the central government is a very appropriate program and beneficial to the people.
Through sea toll transport, Biak regency is now a center of goods and services distribution, which contributes to maintaining the stability of the price of nine basic materials and building materials. The statement of Numfor Thomas Ondy is in line with the statement of Widiarto as the Head of Industry and Trade Office of Biak Regency who stated that the entry of the Biak area as a sea toll lane has a positive impact on the stability of the price of nine basic commodities such as sugar, rice, cooking oil, and building materials such as cement and iron concrete as well as various other building materials. The existence of sea toll transportation to the port of Biak has contributed greatly in suppressing the high prices of basic food in the market. The price of wheat flour which was originally worth IDR.10.000/kg, decreased to IDR.7.600/kg. Rojolele Rice size 20 kg Yustisia Vol. 7 No. 2 May -August 2018 which originally worth IDR.269.000/zak down to IDR.238.000/zak. Oil originally headed for IDR.15.000/liter dropped to IDR 13.000/liter; the original sugar for IDR.15.000/kg fell to IDR.13.500/kg (Suara.com, 7/5/2017  Governors. The criminal acts of corruption committed by these government officials severely hinder the development process that has been programmed in Jokowi-JK government.

B. PROBLEM STATEMENT
The negative impacts of corruption on development are evident in the very low quality of development results, the impediments of development program planning due to are other factors that need to be investigated and analyzed as factors causing corruption that occur in Indonesia, namely sociological factors, among others; proximity factor, trust, and expectation to reach a better position. The facts described here is enough to be the cause of corruption in the project development and procurement of goods/services that have been programmed by the government in Lampung Province. To explore the factors that encourage government officials to commit the criminal act of corruption I conduct a study whose results will be written in a scientific journal entitled "Motives of Criminal Acts of Corruption in Indonesia".

C. RESEARCH METHODS
This research is designed to answer the problem proposed, "corruption crime motives" described in Part 1, then answered with critical literature that is largely derived from the results of researches conducted by researchers in their respective countries in Section 2. Furthermore, these issues are discussed and investigated by case studies of procurement of goods/services at the Lampung Provincial Health Office in Section 4. First, the literature review made it possible to formalize key constructs useful for the study. In essence, this literature review only highlights one major aspect of this research, which is "the motive behind corruption." This case study aims to explain in depth that the motive of corruption has more powerful effect on criminal law sanctions imposed on the corrupt. In fact, in the context of project performance designed by the government, corrupt behavior often comes to seek opportunities for corruption. To corroborate the discussion of the facts found in this study, researchers also considered the scientific work written by Hayat and The data presented in this study are data derived from empirical research which relies on the results of interviews on the findings of the factors that cause the occurrence of corruption in Indonesia, in health vehicle procurement project at the Provincial Health Office Lampung. The result of this interview is then used as an analysis material by using normative approach, i.e. the results of previous journal researches conducted by several researchers in other countries. Those findings will be used as a reference that the forms of corruption found by researchers in the world are many including in Indonesia.
Methods of data collection in this study use observation methods, interviews, and bibliography. Interviews are conducted with the informants in relation to the studied focus.
The results of research written in scientific journals with qualitative methods, whereas in the analysis used the legal system theory Laurance Meir Fridman is a legal culture system that states, the implementation of the law is determined by the growing legal culture in society. In addition to the theory of the legal culture system, researchers also use Immanuel Kant's 'theory of causality' which states 'every act that is being done is caused by certain reasons, although not rejecting, that the movements required by it correspond to natural causality' (Laurance Meir Fridman, 2001: 7-9).
Both theories mentioned above serve as an analysis knife to dissect the "Motive of Corruption in Indonesia". The reason for using this theory, because based on the observation of the perpetrators of corruption captured by the Corruption Eradication Commission (KPK), is mostly done by hand operation (OTT) is receiving or giving bribes to state officials, meaning the motive of this case is closely related to the problem legal culture that develops in the community, or there are certain social situations that encourage officials to commit corruption. The social relationship between officials and society will be an inseparable mutualistic-causality that creates a negative legal culture in society.

Motives Of Criminal Acts Of Corruption In Indonesia
To give an overview of the results of research that has been done, I will describe the process of investigation of corruption case of procurement of Medical Device at Lampung Based on the decree signed by the Head of Service as the Budget User Authority (KPA), NWA as the PPK conducts the procurement activities by stipulating and signing its own estimate price (HPS) on March 20, 2013 with a total value of IDR 7.277.500.000,00 (seven billion two hundred and seventy seven million five hundred thousand rupiah), with details of expenditure as follows: companies. Of the 27 companies that participated in the auction, 5 (five) of them passed in the auction process, namely:     Despite the relevance of corruption in the selection of planning and delivery projects, it appears that there is not much of the project management literature that takes into account the important phenomena associated with infrastructure planning in the context of corrupt project management featuring various types of corruption and project characteristics that tend to be corrupted. This is particularly relevant for large projects where it is not usually the public sector acting as an owner or even as a prime contractor.
Megaprojects are "unique and large projects" where public actors play a key role and are very likely to be affected by corruption, which worsens performance, cost, time, and benefits. The case study used is the Italian railway project that shows the impact of corruption on the context of mega projects.
Lambsdorff analyzes the relationship between corruption and productivity which The anti-corruption group should focus on renewal in the public sector if the renewal priority is given to increasing productivity. Law reform must be overcome if the state wants to attract foreign capital.

Research conducted by Habib and Zurawicki of University of Massachusetts,
Boston, which examines the impact of corruption on Foreign Direct Investment (FDI), proposed 2 (two) research problems; first, analyze the level of corruption in the host country; and second, examine the absolute difference in the level of corruption between the host and the country of origin. The conclusion of the problem description in the research study conducted based on data of the last three years is that corruption is a serious obstacle to investment. This conclusion is supported by research data obtained from international statistics on FDI, compiled by countries of origin and destination in Indonesia. Thus, this experience adds to our understanding of investor patterns and reactions to investment project corruption. Foreign investors will try to avoid corruption because they believe it violates morals. They will also try to avoid corruption because it will be difficult to manage the risk and the impact of expensive corruption (Habib and Zurawicki, 2002). The

concerns of foreign investors to invest their capital in Indonesia concluded by Habib and
Zurawickicannot be ignored as this will have an impact on investor confidence in Indonesia. The world views Indonesia as having enormous potential for investment development. For that reason, foreign investors will be very careful to invest in Indonesia.
Once investments invested in Indonesia, then cases of corruption are found in its implementation, the impacts of development in Indonesia will be very extraordinary. The development of investment in Indonesia will decline. It will also impact the country's financial reserves that will be reduced, and investment in major projects that have been set by the government of Indonesia will be hampered.
The conclusion of the two corruption models presented above is a corrupt agent and the other is a corrupt head. Major corruption among leaders perhaps is more relevant in a small country while its form may be more pressing on others. The next hypothesis is developed in connection with the impact of loss on welfare. Empirical analysis is very important that to show the way in doing corruption which negatively affects capital inflows due to the absence of law and order. A good appearance with respect for law and order assigned to countries with politically accepted influence, a strong system of judicial institutions and a regular succession in the provisions of power and corruption, can weaken the law and order tradition, e.g. the law is sold ahead of the decision court. This is mainly due to the failure of a country's integrity system resulting in the ineffectiveness of foreign investor's property rights. Lambsdorff finds other indicators of poor governance in the calculations of investors, which also show that corruption lowers capital productivity. The important reason is that why corruption adversely affects productivity is related to its low quality of bureaucracy, and to a lesser extent the level of government stability and civil liberties? Corruption is also implied in the appointment of civil servants on the basis of nepotism or bribery, regardless of the honesty and willingness to serve the community.
This type of corruption is highly relevant to a corrupt agent. The strategy of corruption eradication should be adjusted, depending on whether the state is concerned with increasing productivity or attracting foreign capital. If so, then legal reform should be dealt with in order to improve the law and order and the security of property rights if the state wants to attract foreign capital. Tying the hands of politicians to the rule of law is very important in attracting foreign capital and will be very helpful in increasing productivity (International Journal, Elsevier. 2016).
If the results of the study are linked to the corruption model in Indonesia, the health vehicle procurement project implemented by Lampung Provincial Health Office, Lambsdorff conclusion in the research as outlined in the above journal becomes true.
Corruption in Indonesia involves the perpetrators of more than one person, who are carried out jointly between superiors and subordinates as a trustee. In addition there are also sociological factors that encourage government officials to commit corruption in Indonesia, namely factors of closeness and hope to achieve a better position. Associated with the proximity and confidence of superiors with subordinates and/or other parties, in research conducted by Lambsdorff the term used is a corrupt agent and corrupt head. In both variables, there is in a bureaucratic bond between superiors and subordinates. For example, corruption cases that occurred at Lampung Provincial Health Office in the provision of health cars, law enforcers (prosecutor agencies) only conduct investigations against subordinates only (corrupt agents), but did not conduct an investigation of his superiors (corrupt head). In the process of law enforcement it is clearly visible that subordinates are sacrificed by superiors to account for the real corruption committed by superiors. From the aspect of law enforcement, the process of investigation of corruption cases that is done is selective logging, so law enforcement seems only through the legal process alone, but not accompanied by the motivation to crack down on corrupt bureaucrats, then in this case it difficult for the government to build trust to foreign investors, resulting from the low quality of law enforcement in Indonesia. This condition will adversely affect the results of infra-structure development and procurement of goods/services in Indonesia that the quality and lifetime of infrastructure become very low which can lead to development costs to become larger and the development trend to become very small.
In India corruption is declared as an archaic problem since this corrupt behavior has emerged since the 4th century BC. It is found in Kautilya's book entitled Arthasastra. The corrupt behavior is expressed in the literary sentence "it is impossible for him not to taste the honey that is on the tip of the tongue, meaning that it is impossible for a government employee not to eat, at least, a little bit of the king's income." This action is like a fish moving under water. It cannot be found whether the fish is drinking water or not.
Employees hired in government employment are temporarily unavailable, whether they take money for themselves or not (R.P. Kangle 1972, p. 91).Kautilya argues in general, to avoid corruption the government must pay attention to moral development policies although sometimes they are also tempted to commit acts of corruption. Moral is a value that is without fundamental change and the norm of honesty in people's lives, so the government must take such an act of ethical cleansing actively through moral reform campaigns because otherwise great hopes for corruption clearance cannot be achieved.
Corruption is so vast and entrenched, and for all practical purposes there is not much that can be done about it. Bardhan quotes Robert Klitgaard (1988)  to minimize corruption is that employee incentives can encourage even in general opportunists can let go of corrupt practices. Losing jobs and including wage premiums is the greatest potential for the temptation to corrupt. The other part of the package of policies that drastically reduced public spending resulted in lower real wages for public servants, which increased their motivation for corruption. We must also remember that when rich countries have defeated corruption in their history, it turns out that the average salary of an official is more many times than the income earned in most poor countries (Bardhan, 1997).
The impact of corruption on development undertaken in Indonesia, as well as a result of substantial public expenditure reductions, has resulted in budget tightening, which has resulted in the Indonesian government's difficulty in raising salaries, while basic needs (food and building materials) increased. On the other hand, with the declining state budget, the supply of people's needs is likely to be reduced. This is a potential that can trigger the rise in the price of goods in the market. When market prices rise, employee salaries will not be enough to meet employee needs for a month. This potential can lead employees to corruption in the jobs that they are responsible for, among others, the implementation of government programmed infrastructure projects into the biggest potential project for corruption.
Three American researchers in their research entitled "the impact of corruption on investment of predictive problems" conclude that in recent years, corruption has come to the forefront of the development debate. Empirical evidence suggests that corruption inhibits growth and investment begins to emerge. Academics and scientists are increasingly devoting more time to studying these issues. This union parallels the concerns of politicians and policymakers around the world about corruption that undermines economic performance and business improvement. Campos said that their research was motivated by the paradoxes that occurred in East Asia, which concluded that there was "a positive correlation between investment rates and high growth with relatively high levels of corruption". The experience that occurred in East Asia has posed a serious challenge for Campos to test this hypothesis. Therefore, the three of them try to uncover this paradox and argue that it is not just the level of corruption that encourages investment but also the nature of corruption (J.E. Campos, Donald Lien, and Sanjay Pradhan, 1999).  Commission (KPK) in Indonesia have no effect on the economic growth of Indonesia in general.

Mo's research in Hong
Related to the references described above, then the problem to be answered in this research is the sociological problem of corruption crime in Indonesia, which encourages government officials to corrupt. In this paper I will elaborate qualitatively on the factors that drive corrupt officials, associated with Campos's view of economic miracles which certainly will not be applied in general. This is a specific discovery in the study of corruption problems in the world. This is in line with Socrates's findings of the general truths of the fifth century (470-399 BC) and the relative truths that he claims to be impermanent truths, but relative truth exists. When it comes to the economic conditions in Based on these data, the trend of corruption in Indonesia is increasingly massive. In this scientific work, I will describe the motives of corruption, factors that encourage Governors, Mayors/Regents and Vice Regents to corrupt. I believe that this sociological motif has causality and a very strong impetus of corruption in Indonesia. In this case Immanuel Kant theory of causality will serve as a knife analysis to answer the problem studied in this scientific work.

E. CLOSING 1. Conclusion
Based on the results, the conclusion of the research can be described as follows: a. The criminal acts of corruption occurring in Indonesia, especially in goods/services procurement projects, have been started from the planning stage, by marking up the unit price into details of the entire price of goods/services, based on case data that has been caught, crime corruption mostly involves more than 1 person. b. The motivation to commit corruption in procurement projects ranging from corrupt heads backed by corrupt subordinates is consistent with the findings of Lambsdorff who analyzes the relationship between corruption and productivity, which then summarizes the findings that in corruption there are two structured mutually supportive variables called 'corrupt heads' and 'corrupt subordinates'. The result of his research was published in the International Journal Elsevier (2016). c. The result of the research found in Indonesia shows the fact that the determinant of corruption in Indonesia is a very close social relationship between the head with subordinate called "the confidant" and the indebtedness of the subordinate to the head, the good one. These social factors are what I value as "the motive of corruption" which gives a strong influence on corruption in Indonesia.

Suggestion
a. Referring to the research findings that corruption is committed by more than one person, then in the implementation of procurement project activities using state funds, it is advisable to the government to conduct strict supervision by folding investigators of corruption.
b. In the study also found that the perpetrator committed a criminal act of corruption, sanctioned by superiors responsible for procurement project activities undertaken, it is recommended to the government in the payment of the project to use e-bugetting. c. In this study found the existence of emotional connection to be the main factor that motivate corruption, it is suggested to the government in the implementation of the project auction to involve external supervisors from investigators Police, Attorney or KPK.