LAW ENFORCEMENT AGAINST ILLEGAL LEVIES IN LOCAL GOVERNMENT TO ERADICATE CORRUPTION

Transcription

1 LAW ENFORCEMENT AGAINST ILLEGAL LEVIES IN LOCAL GOVERNMENT TO ERADICATE CORRUPTION Oleh: Dewi Setyowati dan Nurul Hudi Faculty of Law, Hang Tuah University Abstract Basically, illegal levies are classified as part of Corruption Collusion and Nepotism (KKN) regulated in Law Number 31 Year 1999 Jo. Law No. 20 Year 2001 on the Eradication of Corruption. But in reality this case did not get the attention of the government since the first. So illegal levies have been rampant across cities and villages in the country. So do not be surprised if public services in this country increasingly dilapidated. The current illegal charges have undermined the morale of our officials and officials in the country. Those officials who abuse the authority of office for illegal levies have various reasons. Moral, economic, and cultural factors that form in an institution to impose illegal fees make these actions as commonplace. Weak control and supervisory systems from superiors also make illegal payments hard to stop. As a result, illegal levies have made development and the economy in the regions disturbed. The issues raised in this paper are the efforts undertaken in combating illegal levies in local governments. This legal research uses a normative and conceptual approach in discussing legal issues concerning the practice of illegal levies. The conclusion obtained is the need for an effort in the form of cooperation between the local government, the law enforcement agencies by coordinating in revealing the occurrence of illegal levies. The judge in giving criminal sanction to the perpetrator of illegal charges shall give severe criminal sanction, this is to cause deterrent effect to other perpetrators in order not to commit a similar criminal act. Keywords: illegal levies, law enforcement, corruption. I. INTRODUCTION The criminal act of corruption is a crime committed by every legal subject, either person or legal entity that is directly or indirectly related to the misuse of state finances. The consequences of corruption have wide impact, not only on state finances, but also in damaging the system of government, economy and development. Not many cases of corruption are processed by law and there are only a few cases of corruption that can be legally proven by law enforcement agencies. One form of corruption that often happens in everyday life is illegal levies. Illegal charges are prohibited in Law Number 31 Year 1999 Jo. Law No. 20 Year 2001 on the Eradication of Corruption. The acts referred to as illegal fees are actually a social phenomenon that has existed in Indonesia, since Indonesia is still in colonial times and even long before that. Recently levies (illegal levies) have suddenly become an issue of public discussion. Illegal charges are the act of imposing fees where it is not supposed to be done. Starting from Operation Capture Hand (OTT) of illegal levies in the Ministry of Transportation, now illegal levies became popular among the people. The case of illegal levies has reflected how dilapidated the performance of officials / local officials. The function of officials or officials in upholding honesty and transparency has been degraded. They have breached their basic duties and functions as they should. The efforts to eradicate illegal levies have been heavily discussed after President Jokowi gave instructions for illegal charges to be eradicated. If we look at the case of illegal levies has long been a culture of the rogue officials / officials in this country. However, only recently the case of 200

2 illegal levies became a byword among the community. Cases of illegal levies have existed since Indonesia was still in colonial times. The naming of illegal fees was introduced only since September 1977, when the Head of Orderly Operations and the Minister for the Regulation of the State Apparatus launched Operation Order (OPSTIB) which made illegal charges as the main target. If we look around us, the last few weeks have found a lot of cases of illegal levies in law enforcement environments. This is one example that illegal levies have made our apparatus lose its authority in upholding justice. They have lost their commitment to enforcing transparent and fair laws. Revenues of the territory that should belong to the state are taken in the hands of a few to enrich themselves. So that development that should be realized soon will be hampered by this illegal levy. Basically, illegal levies are part of Collusion and Nepotism Corruption (KKN). However, in reality this case has not received the attention of the government since the first. Until finally illegal levies have been rampant across cities and villages in the country. So do not be surprised if public services in this country increasingly dilapidated. The current illegal charges have undermined the morale of our officials and officials in the country. Those officials who abuse the authority of office by levying illegal fees have various reasons. The moral, economic, and cultural factors that are formed in an institution for illegal levies make illegal charges as common. Weak control and supervisory systems from superiors also make illegal payments hard to stop. As a result, illegal levies have made development and regional economies disturbed. The government s failure to tackle the illegal levies has caused the community to be skeptical and to allow local officials / officials to practice illegal fees. A strong commitment to enforce the law and bureaucratic reforms is key to eradicating illegal levies. Hands-on Operation (OTT) must be continued so that the culture of illegal levies that have been done little by little can be overcome. Improved systems, strict supervision, and firm action on the perpetrators of illegal levies should be done immediately to prevent the culture of illegal levies taking control of the country. The case of illegal levies has undermined the integrity of the nation that has led to the degradation of public services in various fields. Illegal charges have successfully mastered this nation by making justice in the public service helpless. The regional head should encourage the community to dare to report the case and ensure protection for the complainant including witnesses and victims to prevent further rampant illegal levies in the future. The community must be the pioneer of the illegal levies that surround them. The existence of illegal levies today is inseparable from past history, even illegal levies into an institutionalized culture, including the type of crime of serious criminality, due to the demands of the conditions and circumstances that were indeed supportive at the time. Tracing the notion of illegal fees, Soedjono states, that according to the terms in the Chinese language dictionary; Li means profit; Pung means offering. So the illegal levy is pronounced Pung Li, meaning it is offering profit (D. Soedjono, 1983). The process of giving and receiving and then reaching its established form, from a legal standpoint is called a levy. This has long been prevalent in Indonesian society. Through Presidential Instruction R.I. Number 9 of 1977 on Orderly Operations, during the New Order s reign, there was an orderly operation, aimed at tackling illegal levies, in an effort to bring about a state of coveted government that reflected the public service. Illegal charges as an act that deviates from the law get the sharp spotlight from various circles of society. Most of the people are very uneasy to see the endless growth of illegal levies. Illegal charges if viewed from a legal standpoint are acts that can be categorized as criminal act, the act of illegal levies is included in articles 418 and 419 of the Criminal Code. In article 418 it can be concluded that an officer holding a position is prohibited from receiving a gift or a promise from a person because of his position, Article 418 states: An official who receives a gift or a pledge when it is known or rightly to be expected, that it is given because of power or authority relating 201

3 to his position, or who, according to the mind of the person giving the gift or promises, has something to do with his position... etc.. Illegal charges arise from high levels of service uncertainty as a result of lengthy and exhausting service procedures causing more and more people to give up when faced with corrupt public services. This is one of the factors that cause people to be more tolerant to the practice of illegal levies in the provision of public services (BPKP, 2002). Public service sector managed by local government such as tax service, licensing, investment, making Identity Card (KTP), Driving License (SIM), Vehicle Registration Number (STNK), Building Permit (IMB), transportation, deed, certificate Land, electricity, water, telephones, etc. are vulnerable to illegal levies because they are directly related to the public interest. Heads of regions throughout Indonesia are committed to eradicate the practice of illegal levies by bureaucratic apparatus. The governors also agreed to form a task force eradication of illegal levies in their respective regions. Illegal charges have become a latent problem that has to be eliminated. The issues raised in this paper are the efforts undertaken in combating illegal levies in local governments. II. METHOD AND MATERIALS This writing uses normative juridical approach method, that is the theoretical approach through literature study based on the Presidential Decree of the Republic of Indonesia Number 87 Year 2016 About Clean Task Unit of Illegal Drawing. Sources of data used are secondary data obtained from literature materials. Other data obtained from interviews, unstructured means that all interviews are not based on a system or list set previously. The legal material consists of primary legal materials and secondary legal materials that are giving explanation about the primary legal materials. The procedure of collecting and processing data using a procedure of collecting and processing of secondary data. The data were obtained from the existing literature and the applicable Laws and Regulations in accordance with the issues discussed. The process of data processing is held classification and then combined with the data obtained and literature study associated with the opinions of scholars as well as with the provisions of applicable Legislation, then arranged systematically to get a picture of the reality that occurred then analyzed to be drawn conclusions. III.RESULTS AND DISCUSSION Based on the records of the United Nations Document on Corruption Eradication, illegal levies constitute unofficial levies, requests, receipts of all payments, gifts or other profits, directly or indirectly, by public officials or elected representatives of a country of private enterprise Or public includes transnational corporations or individuals from other countries linked with the intention to engage in or not perform any duties relating to an international commercial transaction. Actually, the term illegal levy is only a political term which is further popularized by the world of journalists. In the world of law (criminal), this term is not found. We have never heard of any criminal charges or illegal charges. Indeed, illegal levies are the designation of all unofficial charges, which have no legal basis, so the levies are called illegal fees. In its work, the perpetrators of illegal levies are always followed by acts of violence or threat of violence against parties who are in a weak position because of their interests ( The explanation of several Articles in the Criminal Code that can accommodate the actions of illegal levies are as follows: 202

4 A. ARTICLE 368 OF THE CRIMINAL CODE Anyone with the intent to benefit himself or others unlawfully, force others by force or threat of violence, to give something of goods, wholly or partly belongs to another person, or in order to provide debt or waive accounts, is threatened, because Extortion, with a maximum imprisonment of nine years. B. ARTICLE 423 OF THE CRIMINAL CODE A civil servant who, in the interests of himself or another person unlawfully, by abusing his power to force others to surrender, to make a payment, to withhold payment of a payment or to do a private work for himself, shall be punished with imprisonment forever six years. According to the provisions stipulated in Article 12 of Law Number 20 Year 2001 concerning the Eradication of Corruption, the crime stipulated in Article 423 of the Criminal Code is a criminal act of corruption, so that in accordance with the criminal provisions set forth in Article 12 letter e of Law Number 20 Year 2001 on Amendment to Law Number 31 Year 1999, the perpetrator shall be punished with life imprisonment or with imprisonment of minimum 4 years and maximum of twenty years and a fine of at least twenty million rupiah and a maximum of one billion rupiah. The criminal act as stipulated in Article 423 of the Criminal Code that is intended to benefit yourself or others unlawfully in the formulation of Article 423 of the Criminal Code is an oogmerk wisdom. So that the oogmerk or the intention does not need to have taken place when an offender has committed the forbidden acts in this article. From the formulation of criminal provisions set forth in Article 423 of the Criminal Code above, it can be seen that what is prohibited in this article is acts by abusing the power of forcing others: A. To surrender something; B. To make a payment; C. To accept deductions made against a payment; Acts of abusing power compel others to submit something, make a payment, accept deductions made on a payment and do a job for the person of the perpetrator is a material offense, until the new person can talk about the completion of the act If the consequences are unwanted by the law because the acts have arisen or have occurred. Since no qualification is granted by law on criminal offenses set forth in Article 423 of the Criminal Code, there arises difficulties in the practice of what term to give to the offense. Since the introduction of illegal fees by a state official, the criminal acts referred to in Article 423 of the Indonesian Criminal Code are referred to as illegal charges. The use of the illegal levy proved to have adverse consequences for law enforcement in the country, because people then have the impression that according to the law it seems there is a gradation about the actions of collecting money from the people that is prohibited by law, ie from the level Which seems not to be prosecuted under applicable criminal law to the extent that it appears to be prosecuted under applicable criminal law, whereas today the so-called illegal fees rarely make the perpetrators brought to justice for justice, Disciplinary or administrative measures against them, whereas we all know that the so-called illegal fees are actually criminal acts of corruption such as among others set forth in Article 12 letter e and f of Law Number 20 Year The custom does not propose civil servants who violate the restrictions provided for in Article 423 or Article 425 of the Criminal Code. Article 12 of Law Number 20 Year 2001 to the court for trial, and merely to impose administrative measures against them shall be stopped immediately, since the practice is in fact contrary to certain principles adopted by our Criminal Procedure Code Applicable, respectively, namely: The principle of legality, which requires that all perpetrators of any offense be without exception shall be prosecuted under applicable criminal law and brought to justice for trial; And the principle of verbod van eigen richting or the principle of vigilante prohibition, namely settling the legal consequences of a criminal act not through the judicial process. 203

5 The intention not to file a suspect to the court for trial, then the intention must be carried out in accordance with applicable laws and regulations. According to the prevailing laws and regulations of Indonesia, such matters can only be disregarded for the public interest, and not for the benefit of a suspect / corps or suspect organization. The act of disposing of the case can not be done by any person with any rank or rank, because according to the provisions set forth in Article 35 sub-paragraph c of Law Number 16 Year 2004 regarding the Attorney General of the Republic of Indonesia, LN Year 2004 Number 67, which is authorized to dispose of a case based on The general interest is only the Attorney General. Regarding the notion of money, the act of abusing power forcing people to surrender that thing daily can be seen in the form of levies on roads, at checkpoints, in government agencies, even more tragically is that levies As it is also done by educators both toward fellow educators and their children. However, not every levy as mentioned above is a violation of the prohibitions set forth in Article 423 of KUHP Jo. Article 12 of Law Number 20 Year 2001, because if the charges have been made because the civil servant collecting the charges has done something or done something in the performance of his duties which is contrary to his obligations, his conduct constitutes a violation of the prohibitions Which is stipulated in Article 419 number 2 of the Criminal Code Jo. Article 12 Sub-Article e of Law Number 20 Year The act prohibited in Article 423 of the Criminal Code is by abusing the power of forcing others to make a payment. In fact no one can be forced to make a payment unless coercion to make such payments is done under a law. C. ARTICLE 425 OF THE CRIMINAL CODE The crimes set forth in Article 425 of the Criminal Code are to accept or to withhold deductions on a payment as if it were a debt to himself or to another civil servant or to a public treasury and others, which is performed by a civil servant in the performance of his duties. Acts prohibited in this article: 1) a Civil Servant who in the performance of his / her job of requesting, accepting, or withholding a payment as if it is a debt to himself or to another public servant or to a public treasury, while he or she knows that such debt is not actually there; 2) a Civil Servant who, in the performance of his / her duties, solicits or accepts personal services or deliverables as if a person owes such services or surrender, knowing that such debt is not actually present; 3) Civil Servant who in carrying out his duties of office controlled the lands of the country on which there is a right to use the Indonesian nation to the detriment of the rightful person, as if that he did in accordance with applicable regulations, while he knew that by doing Such acts in fact he has acted in contravention of these rules. 4) Illegal charges under Act No.31 of 1999 Jo. Law Number 20 Year 2001 The explanation of several Articles in the Criminal Code that can accommodate the actions of illegal levies are as follows: A. Article 12 letter e A civil servant or an organizer of a state with the intention of profiting himself or others unlawfully or by abusing his power, forcing a person to give something, to pay, or to receive payment by piece, or to do something for himself. B. Article 12 letter f A civil servant or an organizer of a State who, at the time of carrying out his duties, solicits, receives, or withholds payments to public servants or other state administrators or to the public treasury, as if the civil servant or other state organizer or the treasury has a debt to him, When it is known that it is not a debt 204

6 In the formulation of corruption in Article 12 Sub-Article e of Law Number 20 Year 2001 comes from Article 423 of the Criminal Code referred to in Article 1 paragraph (1) Sub-Paragraph c of Law Number 3 Year 1971, and Article 12 of Law Number 31 Year 1999 as a criminal act of corruption, Reformulated in Law Number 20 Year 2001 (Understanding to eradicate), The definition of illegal levies is an act committed by a civil servant or an organizer with the intent to benefit himself or others unlawfully, or by abusing his power to force someone to give something, to pay, Or accept payment by piece, or to do something for himself. The authors conclude that illegal levies are a work done by a civil servant or a state apparatus who possesses and misuses a particular authority by wishing for a reward by violating the rule of law, resulting in moral and material consequences for others. TYPES AND VARIETY OF ILLEGAL LEVIES As for the Grouping of Illegal Levies: 1. Illegal charges of criminal acts, including: (1) Corruption of state money; (2) Avoidance of taxes and customs duties; (3) Extortion; (4) Bribery. 2. Criminal levies of criminal type that are difficult to prove, including: (1) The Commission in the provision of bank credit; (2) The project tender commission; (3) Remuneration, in the granting of licenses, promotion, use of SKO and so on; (4) Employee salary; (5) levies on travel money; (6) Charges by interceptors. Could such illegal levies be eradicated. Of course, requires the operation of illegal levies targeting to change the state and mental attitude, which is related to various factors, absolutely need understanding and community support. Various opinions have been raised about why corruption has occurred in such a long period of time, is it true that: Lack of salary or income of civil servants? Because of the cultural background or culture of Indonesia which is the source of the cause of widespread corruption? Poor management and less effective and efficient supervision? Causes of corruption due to modernization? THE ROLE OF CRIMINOLOGY IN COMBATING ILLEGAL LEVIES Criminology will only help to describe certain social phenomena, exploring the causes of the phenomenon, by trying to gather the factors associated with the phenomenon. Then the results of this criminological analysis can be utilized for the implementation of the policy of handling by the apparatus concerned, and in the approach and analyzing contributed various related science disciplines in criminology. As criminology is known the science of various sciences that study evil as a human social problem. Factors influencing the causes of illegal levies include: 1). Socio-cultural factors related to the history of the nation; 2). Factors related to socio-economic conditions such as problems of population growth, education problems, employment, low staff salaries and others; 3). Attitudes formed by socio-cultural historical factors such as excessive loyalty to family groups rather than loyalty to government, the passive attitude of society in demanding the rights of the authorities / 205

7 4). Theoretical constructions with different association theory from Sutherland reflect that after the incidence of illegal levies in society due to correlation between the mental attitudes of community members is linked to socio-economic factors, opportunity factors such as bureaucracy, administrative clutter and others. THE LEGAL BASIS OF ILLEGAL DRAWING The government of President Joko Widodo-Jusuf Kalla has set the nawacita as the priority agenda of development, in order to realize Indonesia that is sovereign, independent and personable. Beginning with the foundation construction and continued with the acceleration efforts in various fields, one of the reforms in the field of law covering 3 main pillars, namely: regulation arrangement, reforming law enforcement agencies and the creation of legal culture create a strong legal culture. Legal reform (phase I) is focused on five priority programs, namely: the eradication of illegal levies, smuggling eradication, acceleration of SIM services, vehicle registration, BPKB and SKCK, prison relocation and patent service, brand and design improvements. To increase the effectiveness of the eradication of illegal levies, the president has issued Presidential Regulation No. 87 of 2016 dated October 20, 2016 on the Clean Sweep Task Unit. Under the presidential regulation that the practice of illegal levies has damaged the joints of life in the community, nation and state so that the need for eradication efforts firmly, integrated, effective, efficient and able to create a deterrent effect and in efforts to eradicate illegal levies need to set up a task unit sweep illegal levies. President Joko Widodo warned all ministries / agencies to stop illegal levies and appointed the coordinating minister of political, legal and security (menkopolhukam) as the controller and responsible for the activities of the illegal levy task unit (saberpungli). The following is the legal basis for the eradication of illegal charges: Law No. 11 of 1980 on the crime of bribery with the punishment of Article 3 of the recipients of bribes of 3 years or a fine of up to Rp. 15 millions. Criminal Law Article 368 on extortion with a 9-Year sentence. Law Number 20 Year 2001 concerning the amendment to Law Number 31 Year 1999 concerning the Eradication of Corruption Article 5 Paragraph (1) Giver / Promise to State Employee or State Organizer with a maximum imprisonment of 1 Year, maximum of 5 Years and or Most Fines A little Rp. 50 million and at most Rp. 250 million. Law Number 20 Year 2001 concerning the amendment to Law Number 31 Year 1999 concerning the eradication of corruption crime Article 5 Paragraph (2) concerning public servant or state organizer receiving / appointment with a maximum imprisonment of 1 year, maximum 5 years and or fine At least Rp. 50 million and at most Rp. 250 million. Law Number 20 Year 2001 concerning the amendment to Law Number 31 Year 1999 concerning the eradication of corruption crime Article 11 of the civil servant or the state organizer shall receive a prize / pledge when it is known because of the power / authority with a maximum imprisonment of 1 year and maximum 5 years of the fine A little Rp. 50 Million at most Rp. 250 Million. Law Number 20 Year 2001 regarding the amendment to Law Number 31 Year 1999 Article 12b concerning civil servants or the organizer of the receiving country with a sentence of life imprisonment of 4 years and maximum of 20 Year fine of at least Rp. 200 Million at most Rp. 1 M. Law Number 20 Year 2001 regarding the amendment to Law Number 31 Year 1999 concerning the Eradication of Corruption Article 12 E concerning civil servants or state officials with the intention of benefiting themselves by imprisonment of a minimum of 4 years and a maximum of 20 years of fine At least Rp. 200 Million at most Rp. 1 M. Law Number 20 Year 2001 concerning the amendment to Law Number 31 Year 1999 concerning the eradication of corruption Article 13 concerning the giver / giver to the civil servant or the state official because of the authority / authority with a maximum imprisonment of 3 years. 150 Million. FACTORS CAUSING ILLEGAL LEVIES There are several supporting factors that cause this illegal levy to flourish, including: 1. Individual Doers Factor, the individual factor of the perpetrator here means that the local government employee no longer has a high integrity character of responsibility. This is also driven by hedonistic lifestyles. Although in fact for local government employees, the source of 206

8 income is quite large, because in addition to basic salary, there is also allowances, certification, and honorarium, but it is not sufficient. 2. Opportunity Factor, this opportunity factor is closely related to the community. When civil servants in local government ask for a number of payments or goods, the community always fulfill them without first criticizing the request. 3. Unclear Rule and Regulation Factors, in addition to individual and opportunity factors, the macro of illegal levies also stems from unclear rules on the mechanism of collection of financing. 4. Supervision Factors, supervision of the policies taken has not been carefully monitored so that illegal levies continue to grow. There is no disciplinary responsibility mechanism conducted by the relevant agencies to control financing management. Financing reporting is only written on paper without being criticized at all. 5. Factor Punishment, penalty illegal fees in the form of refunds, mutations or removal in its enforcement has not been effective and still fairly mild. Because the practice is still selective, and the deterrent effect is only temporary. After the perpetrator is subjected to a mutation to another institution, accustomed to illegal levies the perpetrator will commit or repeat his actions in the new agency. 6. Low Community Participation in Combating Practices Illegal charges, although included in corruption, there are still many people who do not know. So far, illegal levies have grown quite naturally due to the public s announcement. ERADICATION EFFORTS Establishment of Clean Sweep Duty Task Force As a first step in the package of policy of law reform, President Jokowi has instructed 3 (three) important things. First, structuring the regulation to produce quality legal regulation. This is not without cause, considering the constitution of our country has stated that Indonesia is a state of law. Rules should protect, facilitate, and provide justice for the people and not overlap with other regulations. Second, optimize the supervision and law enforcement. The supervision and enforcement of the law includes optimizing the eradication of illegal levies in various state institutions. Legal reform is needed to help improve Indonesia s competitiveness, one of which is the internal reform of law enforcement agencies. Third, the need for awareness and legal compliance among the people. Therefore, the legal aspects of the law should be a priority in legal reform. The background of the formation of the Clean Sweep Duty Task Force is not only intended to provide a deterrent effect and strict sanctions for the perpetrators of illegal levies as well as a concrete step because of the ineffectiveness of the functions and duties of internal oversight bodies in each government agency. The Clean Task Force of Illegal Drawing consists of law enforcement officers namely the Police, the Attorney General s Office, the Ministry of Home Affairs, the Ministry of Justice and Human Rights, the Financial Transaction Reports and Analysis Center, ORI, the State Intelligence Agency and the Military Police of the Indonesian National Army which have the authority to eradicate The practice of illegal levies effectively and efficiently by optimizing the utilization of personnel, work units, and infrastructure facilities at the ministry / agency level as well as local government level. It is undeniable that the formation of the Clean Sweep Duty Task Unit reap the pros and cons in the community. Those who agree strongly appreciate the formation of the Clean Sweep Task Force to optimize the eradication of illegal levies that have disturbed the community. But on the other hand, the formation of the Task Force on Illegal Payments Clean Sweep it as unnecessary because it would burden the state budget so that it would be better to strengthen internal oversight in each agency. Regardless of the pros and cons, although it is a good idea, the establishment of the Task Force on Illegal Payments Clean Sweep needs to be examined because Indonesia has had regulatory agencies such as the Ombudsman. Do not let the authority overlap. As is known, the Ombudsman is an institution which has the authority to oversee the implementation of public services as set out in Article 6 of Law No. 37 of 2008 on the Ombudsman of the Republic of Indonesia. Therefore, it is suggested to have integrated coordination so that there will be no overlapping of authority in supervising public service institution. In addition to the establishment of Task Force Clean Sweep Illegal Payments, efforts to optimize the eradication of the practice of bribery in government agencies carried out by Circular of the Minister of State Apparatus Empowerment and Bureaucratic Reform (SE minister RB) No. 5 of 207

9 2016 on the Eradication of Practices Illegal Payments in Duties and Functions of Government Agencies. There are several important points contained in the SE Menpan RB. First, firm action on the civilian apparatus of the state involved as perpetrators of illegal levies. The harsh crackdown could be dismissal directly without going through the judicial process to government officials who clearly evident is caught practicing illegal fees previously not stipulated in the Law on Civil Servants Disciplinary ASN and PP. Second, improve the internal control system to prevent illegal levies. In this regard, it is necessary to improve and improve the internal control function of each institution, since internal controls at government agencies have a central and strategic role in the effort to accelerate the eradication of corruption. In relation to its duties and functions, internal supervisors should act as monitors, supervisors, as well as evaluate the performance of government agencies. Weak internal monitoring function in each agency can be a space for the practice of illegal levies easily. Third, open access is easy and easy for the community to submit complaints and complaints and make a quick response to the complaint. This policy will not work without public participation that can be done through websites, hotline channels, and so forth. Therefore public awareness to participate in the eradication of illegal levies becomes a very important element. The policy of providing space for the community to participate in complaints and complaints is the right step. However, it is important to note the need for a mechanism guarantee of protection for the public (the complainant) reporting practices of extortion, in accordance with the provisions of Article 28 of Law No. 31 of 2014 on the Protection of Witnesses and Victims. This is considering the report being one way in the disclosure of a lawlessness. For that reason, support for those who wish to disclose illegal levies is not feasible. In performing its duties, according to this Presidential Regulation, the Clean Sweep Duty Task Unit performs the following functions: a. Intelligence; B. Prevention; C. Action; and D. Yustisi. The authority of Satgas Saber Pungutan wild is: a. Establish a system of prevention and eradication of illegal levies; B. Collecting data and information from ministries / agencies and other parties concerned with using information technology; C. Coordinate, plan and implement illegal levying operations; D. Perform hand-catching operations; E. Provide recommendations to the heads of ministries / agencies, as well as heads of local governments to impose sanctions on illegal levies in accordance with the provisions of laws and regulations; F. Provide recommendations on the establishment and execution of other duties of the Clean Task Unit of the Illegal Drawing Tariff in every public service provider institution to the heads of ministries / agencies and heads of local governments; And g. To evaluate the eradication of illegal levies. Illegal levies constitute a criminal act that disturbs the rest of the community so that efforts are needed in its handling, and in order to minimize the loss of illegal levies, the criminal sanction is still applied to the suspects who commit illegal fees and the following efforts to overcome illegal levies: 1. Efforts Preferably (a) Conduct internal guidance on code of ethics and discipline b) appeal to the employee regarding legal sanction in the event of a violation c) Directives from the leadership in the form of advice and instructions to subordinates to perform obligations in accordance with their duties and authority). 2. Preventive Efforts (a) Increase knowledge and socialization of legal matters, especially in terms of illegal levies, b) Increase legal awareness to work in accordance with prevailing procedures 3. Repressive Efforts For unscrupulous employees who are subject to illegal fees, will be subject to violations of discipline and code of ethics according to applicable rules. IV. CONCLUSION Illegal levies are essentially the interaction between officers and people who are driven by personal interests. A variety of ways in the process of giver and receiver in the case of illegal levies. For the recipient (official) can be because of the urge to survive, but there is also because driven by napsu to enrich themselves, using the mumpung so officials to benefit his business. On the contrary, for the giver community because of forced circumstances, so also with the officials as the giver and the community as the recipient because the gift has a certain object. Depending on the intended purpose, by the parties. 208

10 Illegal charges should be dealt with, imposing penalties for each of the offenses, both the giver and the recipient, both must be criminalized as repressive measures. The judge in giving criminal sanctions against the perpetrators of illegal charges impose severe criminal sanctions to create a deterrent effect to other perpetrators in order not to commit a similar crime. There needs to be an effort in the form of cooperation between the local government, the law enforcement agencies by coordinating both in revealing the occurrence of illegal levies. In addition, it is expected that the participation of the community to provide a report if there is an indication that there has been illegal levies. REFERENCES Hamzah, Andi, (2005), Pemberantasan Korupsi melalui Hukum Pidana Nasional dan Internasional, PT. Raja Grafindo Persada, Jakarta. Moeljatno, (1999), Kitab Undang-undang Hukum Pidana, Edisi Baru, Bumi Aksara, Jakarta. Soedjono, D., Pungutan liar, Analisa Hukum dan Kriminologi, Sinar Baru, Bandung. Wawasan Tridharma, No. 7, Tahun XVII Pebruari 2005; Undang-Tindak Pidana Korupsi, Nomor 31 Tahun 1999; UU Nomor 1 Tahun 1946 tentang Kitab Undang-Undang Hukum Pidana UU Nomor 11 Tahun 1980 tentang Tindak Pidana Suap UU Nomor 20 Tahun 2001 tentang Perubahan Atas UU Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak Pidana Korupsi. UU Nomor 31 Tahun 2014 tentang Pelindungan Saksi dan Korban. Peraturan Presiden Nomor 87 Tahun 2016 tanggal 20 Oktober 2016 tentang Satuan Tugas Sapu Bersih Pungutan Liar. 209