Senin, 30 Maret 2009

BELAJAR DARI PENGALAMAN KOREA

Korea dapat dikatakan telah berhasil membangun tata pemerintahan yang baik (good governance). Kehadiran KICAC (Korean Independent Commission Against Corruption) makin mendorong penciptaan good governance. KPK perlu belajar dari keberhasilan KICAC. Beberapa hal yang perlu kita pelajari dari Korea, antara lain:
1. Program-program “whistle-blower protection, code of conduct for public officials, evaluation of anti-corruption policy and integrity index, cooperation-building with civic groups, toward a clean and transparent society”.
2. Motto KICAC adalah membangun Korea, “Toward a Clean and Transparent Policy”. Ada peluang kerjasama KPK dengan KICAC dalam lingkup “development of anti-corruption policies and institutional improvement initiatives for public institutions, conduct diagnostic surveys and evaluation of other public institutions anti corruption policies and their enforcement, educate and campaign against corruption, support non-governmental organizations efforts to prevent corruption, promote international cooperation among anti-corruption organizations, handel whistle-blowing, protect and reward whiste-blowers, and carry out various activities related to combating corruption”.
3. Corruption can be defined as “cor” (together) and “rupt” (ruin), “something dirty and ugly, which will go to ruin together in the end”. Pemerintah DKI Jakarta perlu belajar dari Strategi “Seoul Metropolitan Government: Clean and Transparent City”, melalui “systematic approach, preventive measures (deregulation, breaking away from the Chain of Corruption), Punitive Measures (punishment for every single wrongdoing, corruption report card to the Mayor), ensuring transparency in administrative procedure (OPEN system, administrative information disclosure system, and public-private partnership (citizen Ombudsman system, public-private partnership inspection and assessment)”.
4. Tujuh Program bisa dipelajari dari Seoul, yaitu (1) OPEN System (Online Procedures Enhancing for Civil Applications): Disclosing the Entire Civil Application Procedure via Internet, Disclosure of Information for 54 Fields of Operation, OPEN Receives International; (2) Anti-Corruption Index: Measuring Integrity by citizen’eyes, Steady Improvements; (3) Citizen Ombudsman System: Citizens Overseeing City Administrative Affairs, Cyber Ombudsman System; (4) Integrity Pact: Transparency in Public Contract Procedures, Strong Sanctions against Violators of the Integrity Pact; (5) Wide Variety of Corruption Report Channels: E-mail the Mayor, Corruption Report Card to the Mayor; (6) Self-Cleaning Initiatives within the Government Community: The Civil Servant Code of Conduct, The Center for Clean-Hands; and (7) Transparency and Fairness in Administrative Procedure: Digital Bidding System, Cyber Tax Service System (http://efax seoul.go.kr).
5. Penerapan e-government sampai ke desa-desa, keberhasilan INV-Project Information Network Village), dan Internet Semaul Undong dalam memacu pembangunan daerah dan pemasaran produk-produk unggulan daerah.
6. Para peserta diskusi dapat belajar dari Prof. Yun-Won Hwang, President of the Korean Association of Public Administration, bagaimana Korea membangun paradigma baru pemerintahan (small government/referee state, information state, citizen state, customer state, preservation state, open state, and participatory state), merits system, national audit office, administrative research commission, civil service gifts control, deregulation and simplification of administrative procedures to promote private sector’s autonomy and creativity, restructuring of central government, senior government position opened to public, privatization, innovation roadmap, developing an integrated human resources management model for high-level officials, introducing an Autonomous Police System, government bureaucracy becomes much more clean, productive, efficient, effective, responsible, and democratic, developing entrepreneurial government model, and the implementation of NPM (New Public Management): performance pay, benchmarking, custome orientation, team building, competition, privatization, contracting out, and entrepreneurial administration.

Belajar dari Korea untuk mewujudkan good governance dan clean government, serta bebas KKN: “Corruption” can be translated into “something dirty and ugly, which will go to ruin together in the end” (“corrupt” originated from the Latin combination of “Cot” = together and “Rupt” = ruin).

1) Learned from Korea’s Anti-Corruption Implementation: “Toward clean and transparent society”, we will do our best to prevent and eradicate corruption, we will be certain to protect and reward whistle-blowers, we will focus on reforming the mind-set of public officials and citizens, and we will take care to prevent re-occurrence of corruption.
2) The Korea Independent Commission Against Corruption (KICAC) was built
under Anti-Corruption Act, 25 January 2002, The Function of KICAC:
a. Develop anti-corruption policies and institutional improvement initiatives for public institutions;
b. Conduct diagnostic surveys and evaluation of other public institutions’anti corruption policies and their enforcement;
c. Educate and campaign against corruption;
d. Support non-governmental organizations efforts to prevent corruption;
e. Promote international cooperation among anti-corruption organizations;
f. Handle whistle-blowings protect and reward whistle-blowers; and
g. Carry out various activities relatied to combating corruption.
h. Tackle the corruption issue at a national level with systems-based approach.
i. Shift the policy focus from detection and punishment of corrupt acts to the removal of its cultural, social, and institutional breeding grounds.
j. Code of Conduct for Public Officials
k. Evaluation of Anti Corruption Policy and Integrity Index
l. Cooperation-Building with Civic Groups
m. Toward Clean and Transparent Society
3) Anti Corruption Strategies Toward ”Seoul Clean and Transparent City”
a. System Approach
b. Preventive Measure: deregulation, breaking away from the Chain of Corruption.
c. Punitive Measures: punishment for every single wrongdoing, corruption report and of the Mayor.
d. Ensuring Transparency in Administrative Procedure: OPEN system, administrative information disclosure system.
e. Public-Private Partnership: citizen Ombudsman system, public-private partnership inspection and assessment.
4) Anti Corruption Programs of “Seoul Clean and Transparent City”
a. OPEN System (Online Procedures Enhancement for Civil Application System): Disclosing the Entire Civil Application Procedure via the Internet, Disclosure of Information for 54 Fields of Operation, OPEN System Receive International.
b. Anti-corruption Index: Measuring Integrity by citizens’eyes, Steady Improvements.
c. Citizen Ombudsman System: Citizens Overseeing City Administrative Affairs, Cyber Ombudsman System.
d. Integrity Pact: Transparency in Public Contract Procedures, Strong Sanctions against Violators of the Integrity Pact.
e. Wide Variety of Corruption Report Channels: E-mail the Mayor, Corruption Report Card to theMayor.
f. Self-Cleaning Initiatives within the Government Community. The Civil Servant Code of Conduct, The Center for Clean-Hands.
g. Transparency and Fairness in Administrative Procedure: Diigital Bidding System, Cyber Tax Service System.
5) Towards good governance: a democratic state and governance, fostering democracy and development through e-government, citizens, business, and governments, dialogue and partnerships for democravy and development, innovation and quality in the government, and reinventing government toward participatory and transparent governance.
6) From Korea and other countries, Indonesia want to learn the successful on combating corruption through developing effective and transparent systems for public services (integrity in public services, accountability and transparency), strengthening anti-bribery actions and promoting integrity in business operations (effective prevention, investigation, and prosecution, corporate responsibility and accountability), and supporting active public involvement (public discussion of corruption, access to information, and public participation).
7) e-Government in Korea: “Backgrounds and Challenges of the e-Government Initiatives: Korea’s Experiences, Srategies and Policy Issues” (Ministry of Government Administration and Home Affairs, Korea)
a. Aggressive IT Policy (Fist National Computer Project, 1987: Networks, Databases), Information Superhighway, mid 1990’s: Information infrastructure), and Internet Diffusion: infrastructure, contents, applications, powerful tool for transparency.
b. Internet Explosion and e-Government: convenience, quality of life, G4C (representing the e-Government Initiatives), internet users (31 million), global trends of internet, internet growth: high speed internet subscribers (11 million households “e-mail, buying and selling, entertainment”, potential demand for Online Service Delivery; What Internet Explosion? Net Café (PC Bang), 32,000 across the nation, apartmnent blocks (economies of density), Global Tredof Internet: “Internet Changes Everything”, Government, Commerce, Education.
Vision of the e-Government: internet access to government services, effective tool for government innovation and modernization, and participatory government, traditional portal, live-event portal,and functions of government websites. The G4C System: Government Portal Site (internet access to government at home), Information Sharing System (citizenships, land, vehicle, businesses, taxes), Implementing the Infrastructure (e-Authentication, OPEN System, e-Document, e-Payment), Improving the Legal Structure (for Electronic Services Delivery), Each service cut across a number of agencies (citizenships, ownership of lands and vehicles), Information Shring System, etc. s.d. butir m halaman 12 paper.
Coordination? What Remains? Roadmap to e-Government (2003-2007)?
Realizing the e-Government Vision?:
8) The INV Project (Information Network Village Project)
Purpose: National Information Drive. Model village for informatization (develop information contents, e-Commerce for social local product, form local communities). Present standard model of local informatization. Reduce Digital Divide, Boost Regional Economy, Establish the Needs of e-Government services. Information Network Villages: Seoul/Incheon.Gyeonggi – Daejeon.Chungnam – Gwangju.Jeonnam – Kangwon – Chungbuk – Daegu.Gyeongbuk – Busan.Ulsan.Gyeongnam.
Seven Major Tasks of INV Program: (1) creation of information contents, (2) training, (3) organization of self operation system, (4) enhancement of th public awreness, (5) connection of the broadband internet network, (6) providing PC’s, (7) opening of Village Information Center. e-Commerce for special local products: from producer to consumer (order, delivery, conformation), product registration, promotion/marketing, order confirmation, acceptance, shipping. Village Information Center: opening room, kiosk, please register your product! There’s an internet class tomorrow. It’s Mr. Kim’s birthdy this coming Friday. Expectation – Completion of e-Government: (1) boost personal income and local economy through e-Commerce of local specialities, (2) active information exchange through formation of local communities, (3) present standard model for loal informatization, and (4) expansion of informatization to entire country.
From “Semaul Undong” to “Internet Semaul Undong”: e-government help in developing regional development and marketing of regional product.
9) Korea’s Anti-Corruption Action Plan Implementation
A. Whistle-blower Protection
1. Guideline was set up in June 2002: Objective: to provide physical safety and identity
protection for whistle blower and cooperators for investigation.
Main Elements:
a. Guidelines and procedures for cancelklation of protection request by requester, for re-requesting for denied of unfulfilled protection measures.
b. Governing system requiring notification to related authorities like the police for effective whistle-blower protection.
2. Internal Guidelines for Whistle-Blower Protection was established and enforced
in June 2002
Objective: to create atmosphere where whistle-blower can feel safe and receive fair treatment.
Main Elements:
a. Requirement on attaching resder’s log to case documents.
b. Disqualification of persons with conflicting interest in assigning cases.
c. Cooperation for protecting whistle-bloiwer’s identity when transferring petitions to related agencies.
d. Attach written request for cooperation shen referring cases to investigate agencies.
1. Making Manual for “whistle-blower protection andf reward”
Operation includes basic information on how to deal with visiting whistle-blowers and handle procedures for whistle-blower protection and reward.
B. CODE OF CONDUCT FOR PUBLIC OFFICIALS
a. Korea is considered as a nation that has achieved economic development with the highest speed during the past five decades.
b. By way of government-initiated economic development, Korea has grown to become the thirteenth largest economy in the world. Keeping pace with such material growth, the people of Korea has developed a high level of civic awareness.
c. Our people now strongly demand that the government be “productive” and “ethical”. In response to this demand, Korea has made continuedefforts to promote the productivity in government since the 1990s, with various regulatory reforms and restructuring of the public sector.
d. We have cnducted an extensive survey with citizens and public servants in order to legislate the Code of Conduct with a presidential decree, a sub-regulation of the Acts. The Code is now under a jurisprudential examination by a professional legislative institution.
e. In February 2003, the Code of Conduct was submitted to the Ministerial Meeting presided by the President of Korea. It would be effective by May, after three months of preparations for education and publicity.
C. EVALUATION OF ANTI-CORRUPTION POLICY AND INTEGROTY INDEX
1. Evaluation of Anti-Corruption Policy (EAP)
This evaluation is conducted by expert group, called “advisory group” based on regular public survey and aims to ensure that they comply with its policy directions.
2. Measure and Announce Integrity Perceptions Index (IPI) for public agencies
a. Enable citizens (users of public services) to evaluate public agencies (service providers) with an aim to spur these public agencies to make voluntary efforts against corruption.
b. In 2002, KICAC selected 71 agencies such as central government agencies and public corporations and the comprehensive result of estimation will be announced sooner or later.
D. COOPERATION-BUILDING WITH CIVIC GROUPS
Background:
a. Government efforts alone is not enough to fundamentally address the issue.
b. Need to create a closely-knit network with civic groups to expand an anti corruption atmosphere and increase public awareness and support.
Major Achievements
a. Transparency Forum was launched.
b. Composed of executive figures of NGOs, leading scholars, and working-level figures.
c. The Forum was held five times (April, May, July, September 2002, and February 2003).
d. Ideas on anti-corruption policy direction and vision were discussed and shared. Specifically, ways to eradicate political corruption and reform of inspection organization of high-level public officials.
e. KICAC held anti-corruption seminars and discussion in cooperation with civic groups.
f. To collect on draft Code of Conduct for public officials and to look for improvement on reward system for tax evasion disclosure, turnkey construction practice (construction bidding “from design to completion”), personnel practice in schools and local government authorities.
g. Expand Expand (Island of Integrity) Movement (Formely, Anti-Corruption Certification System)
1) Objective: discover and support unknown integrity groups and spread anti-corruption atmosphere to every sector of society.
2) To select qualified groups, we are collecting experts and civil activists to organize Advisory Committee.
3) Going to provide incentives like “Integrity Mark”, or “Integrity Certification” to groups to be selected as (Integrity Island) and link them in an alliance to lead society-wide anti-corruption campaign.
h. Anti-Corruption Campaign
From March to April and from October to November 2002, KICAC held anti-corruption campaigns in administrative capitals of local provinces in cooperation with local civic groups and at the same time, operated circuit center to receive corruption reporting.
E. International Cooperation:
1) 11th International Anti-Corruption Conference
2) APEC Anti-Corruption Ministerial Meeting (ACMN)
3) ACA (Anti-Corruption Ahgencies) Forum
4) Global Forum on Reinventing Government, Seoul, May 24-27, 2005
5) APEC Anti-Corruption Ministerial Meeting, Seoul, October 2

Dikutip dari berbagai tulisan yang dirangkum oleh:
Prof. Drs. Komarudin, MA.

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