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Corruption Motives
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of
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Agus Sjafiin Pane
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micro and semi-macro approach

saynotocorruptionsaynotocorruption
saynotocorruptionsaynotocorruption
Ellen Maharani
12 - 09460004964

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Introduction
Crime has been committed by different motives, so has corruption as one of white-
collar crime. Criminals might claim several reasons to justify their motives, but some others
choose to confess. By the classification of motives we say that a murderer kill someone
might stand for several reasons such as defending, doing revenge or being commanded by
other. Pick-pockets, shop-lifters, thieves, robbers, and corruptors, even if they all commit
the same crime called stealing in general, they come from different social-level. Corruptors,
for example, they come from upper level of social status but they still steal the money of the
state. Like quote said, life is always enough to fulfill human’s need but not their greed. This
paper would analyze the motives that trigger corruptors especially Agus Sjafiin Pane to
commit punitive measure of corruption through micro and semi-macro approach.

Case in a nutshell
Agus Sjafiin Pane (later, we will call Sjafiin), a functionary of green-line document-
examiner in Kantor Pelayanan Utama of Directorate General of Customs and Excise, was
presumed routinely receiving bribes. The Bribery had been given for simplifying the
procedures of analyzing-point processing and issuing approval letters of import-commodity
releasing (Surat Persetujuan Pengeluaran Barang). This crime was detected while Internal
Compliance Team of Directorate General of Customs and Excise together with the Team
from Commission Eradication Corruption were suddenly inspecting the office of Kantor
Pelayanan Utama on May 30th 2008. From the inspection, they found some money about
the amount of Rp 87,5 millions, USD 1.000, AUD 50, and SGD 23. The money was presumed
from some of importir’s weekly or monthly bribery. By the presumption, Sjafiin was
prosecuted for three years six months of prison and 250 millions of fine for breaking the
Article 12th section (b) Corruption Act (UU No. 31 Tahun 1999 which had been amended by
UU No. 20 Tahun 2001 about Pemberantasan Tipikor).

An analysis
We would examine and analyze factors that trigger punitive measure of corruption
through micro and semi-macro approach. Micro approach would examine the case of Sjafiin

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based on Vroom and Maslow theories. Semi-macro would examine the case of Sjafiin

based on Klitgaard and Torres theories. At the end, we hoped that this analysis would

give additional information and contribution to society in order to know first and later
minimize the punitive measure of corruption to optimize the eradication and the
enforcement of the Law.

Based on the equation formulated by Victor Vroom, performance is the function

of ability multiply with inner motivation. Motivation itself is consist of expectation and
valance. By the theory, if we want to increase someone’s positive performance, we have to
assure the positive substances of ability and motivation (also expectation and valance). If we
analyze Sjafiin, we might conclude that he has positive ability. Positive ability with high-
intelectuality standardly characterized for almost all functionaries of the green-line
document-examiner in Kantor Pelayanan Utama of Directorate General of Customs and
Excise. To be accepted as functionary even just ordinary employee in Kantor Pelayanan
Utama of Directorate General of Customs and Excise, everyone had to pass the assessment
tests. The chosen people there are usually them who are profesional and have high-integrity
character, so is Sjafiin. Based on Vroom, if someone want something (expectation) and

there is a way to get them, he or she will try (motivation) to get (performance) them
respectively. Sjafiin expected to fulfill his family needs, bring happines to them and also
expect to be rich. This expectation was somehow still in a positive valance. But then the
valance might be turned into negative which made Sjafiin permitted all ways even white-
collar crime like corruption to achieve his expectation. When one substance turned into
negative, the performance as the result of ability multiply with the motivation, would also
turn into negative. Once people had been found in committing crime white-collar such as
corruption, all formerly performance seemed to be nothing for society and everything
became negative.
The negative valance might caused by the temptation of money and high-class life-
style. Abraham Harold Maslow identified five levels of needs in the pyramid

hierarchy which could be mentioned as physical needs, security needs, social needs (the first
three is called the basic needs), self-esteem needs and self-actualization needs. If we looked
up at the case of Sjafiin, he received bribery ranged from hundred thousands untill hundred

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millions rupiah. He accepted all rupiahs without any higher bargaining upon. Moreover, in
such kind of situations he often called importir to give him some money in order to simplify
the now and the later standard of import-commodity realesing procedures. By then, we
might conclude that Sjafiin was still trying to accomodate the basic needs of him, his wife
and his familiy. Once Sjafiin become bribe-receiver in the state of fulfilling the basic needs,
he would be addicted to continue and later he would become a badly compulser. This bad
habit continued even Sjafiin had already been accepted in Kantor Pelayanan Utama Tanjung
Priok that already adopted new system of Customs and Excise’s excellent service. He poorly
could not reform his self to the new system of his office. He was still committing bad habit
of receiving the bribery for simplifying green-line procedures in the document-examination
phase. The old mind-set was still on him.
After analyzing in micro approach term, the first semi-macro approach that would be
discussed is about Klitgaard theory. Robert Klitgaard, the professor of International

Development and Security di RAND Graduate School, Santa Monica in California stated that
corruption might happen as the combination of monopoly of power and discretion by official
laid down without proper accountability. Sjafiin, as functionary in Kantor Pelayanan Utama
Tanjung Priok, had enough monopoly power to issue approval letter to release import-
commodity without additional examination. He had discretion to determine classification of
importir, as green-line or red-line. By then, he want some more money to increase the
intensity of simplifying the service or even enabling to release the commodity without
additional examination. This practice was pretended to be common or usual for Sjafiin. To
minimize this badly negative practice of bribery, the needs of accountability increasingly
demanded. This accountability of issuing the approval letter, classifying importir in such line
and making decisions for additional examination should be doubled-increased to equalize
the monopoly of power and discretion by official. The Internal Compliance Team of
Directorate General of Customs and Excise are on charge of control this practice. The team
had already do their best and had to increase and maintain this best performance all and all
in the name of bureaucracy reformation.
Ramirez Torres claimed that corruption is still thriving caused by the mind-set

of thought. The thought that state reward of corruption is bigger than the penalty if caught
even if it is multiply with the probability of being caught. Reward of corruption acquired by

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Sjafiin was somehow weekly or monthly routine for years. Sjafiin thought that this bad habit
was usual or common-sense in Directorate General of Customs and Excise because almost
everyone accept and legalize it. By then, Sjafiin assumed that the probability of being caught
drew toward zero or almost impossible. It was so, because bribery in custom is somehow
like other common practice and everyone thinks that it wont be classified as punitive
measure. Penalty if caught multiply with the number zero of probability of being caught
assumption made reward of corruption in the eyes of Sjafiin became so valuable. Every
hush-money attained, could exceed the nominal of his fifteen millions salary per receiving.
This fact seemed so okay for him whose basic need had not yet fulfilled. Sjafiin forgot that
this zero number of probability of being caught was rubbed down by the Corruption
Eradication Commission actions and enforcements day by day. Poorly unfortunately, Sjafiin
got caught and sentenced for four years prison and 250 millions of fine. His formerly
assumption went wrong. He made a try again and again by receiving again and again bribery
in order to fulfill his family basic needs and now he fell down and sentenced.
Before reformation system of bureaucracy took place, bribery was so common habit
to simplify procedures especially in Directorate General of Customs and Excise as one of
composition of high-cost economy harbour. The people there thought that it was common
practice, nothing was wrong indeed. Based on Torrez, corruptors would like to continue

this practice until they change their mind that the probability to be caught multiply with the
penalty of being caught seems to be higher than the reward of corruption itself.

Conclusion and Closing

To minimize the punitive measure of corruption, we could classify by the four
classification of theories namely Vroom, Maslow, Klitgaard and Torres. Based on

Vroom, we might start to campaign positive value towards achieving goals through printed

or electronic media by the statement of motivation or by model figure. Klitgaard had

warned society with his equation that shown the existence of monopoly of power mixed by
official discretion without proper accountability would lead someone into committing
corruption. He warned us all to increase and double the accountability of the state in any
level of bureaucracy, turn down the monopoly of power by controlling system and minimize

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the official discretion through separation of functions. The process of this idealism have to
be guarded by people that already pass the fulfillment of basic needs based on Maslow

(put aside greedy people). The last, we can work together with Corruption Eradication
Commission to achieve the goal of eradicated-corruption of the state. Like the warning of
Torres, we, the poeple of society, may increase the probability to be caught and the

institution of Corruption Eradication Commission may optimize the penalty of being caught.
This will take a process, hard and long process but not impossible if we want to change
ourself.

References
Fat. 2009. Terdakwa Menerima Suap via Petugas Cleaning Service. Accessed from
http://cms.sip.co.id/hukumonline/detail.asp?id=21431&cl=Berita

Git. 2009. Jaksa Tuntut Penyidik Bea Cukai 3,5 Tahun Penjara. Accessed from
http://antikorupsi.org/indo

Humas. 2009. Pejabat Bea Cukai Divonis 4 Tahun. Accessed from

http://www.kpk.go.id/modules/news/article.php?storyid=3244

Ifa. 2007. Kantor Pelayanan Utama Bea dan Cukai Langkah Strategis Memperbaiki Citra dan
Kinerja Institusi. Accessed from
http://www.beacukai.go.id/news/readNews.php?ID=1431

Siswanto, Purborini. 2009. Agus Sjafiin Pane Hadapi Putusan Sela. Vivanews. Accessed from
http://korupsi.vivanews.com/news/read/44748-pagi_ini_kasus_agus_sjafiin_pane_
diputus

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