Bringing down the untouchables
The habitual action of turning a blind eye on illegal tin operations, especially on Bangka Island, has strengthened the indication that an entrenched criminal network comprising shady government officials and business players controls the tin mining industry. This criminal organization has transformed into a shadowy, powerful syndicate that has dominated the sector for so long that their practices have been considered “normal”, even legal.
In this context, of course Kejagung’s investigation may face serious obstacles. There are at least three main actors from the government and private sectors who need to be taken into consideration in this matter. First, political actors in the executive and legislative branches. It is impossible for an SOE director to carry out high-profile corrupt practices without having received an order or blessing from political bigwigs in Jakarta.
Second, actors in law enforcement agencies and the defense and security sector. The reason is simple: it is impossible if the important structures and ranks that determine whether legal steps, either preventive or disciplinary in nature, are not involved in this dirty business and operate with impunity.
Third, private actors who act as beneficiary owners. As mentioned before, the beneficiary owner is the main controller of the company, who has full power over the directors or other officers in the business entity under his purview. Even though these beneficiary owners never assume any position, whether as commissioners or directors, they actually have more power.
To ensure that law enforcement can be effective in dismantling this criminal network, Kejagung can take a raft of strategic steps. One opportunity that could very well be used by the investigative team is to name the company involved in the alleged tin corruption case as a suspect. It is important to prosecute corporations considering that so far, legal proceedings against individuals in major corruption scandals have had no effect on their criminal organizations. The use of criminal articles against corporations can be an entry point to further pursue the company’s assets, so that they can later be seized by the state.
Given that the actors they face are quite tough, Kejagung can consider forming a joint team to investigate this case together with the Corruption Eradication Commission (KPK). Even though KPK has been seriously weakened by various internal struggles, resulting from changes to its law, it remains a relatively neutral law enforcement agency. With a joint team, it is hoped that potential disruptions and interference to the investigation process can be neutralized. The involvement of KPK can also help accelerate cross-border legal efforts considering that there is a possibility that the actors involved have fled overseas.
Lastly, it is impossible to expect a deterrent effect if investigators do not charge the culprits with money laundering. With an abundant flow of illicit funds, it is impossible for the perpetrators not to engage in money laundering. In this context, Kejagung can collaborate with the Financial Transaction Reports and Analysis Center (PPATK) to quickly obtain more accurate information so that certain efforts, such as freezing and confiscating the assets of the parties involved, can be carried out as promptly as possible.
Perhaps many people are currently confused about which law enforcement authority they can completely trust. Precisely because the law in general is experiencing a crisis of confidence, investigating this tin corruption case can restore some of their reputation. However, if investigators only focus on the “lackeys”, not the masterminds behind the scene, can we be blamed for thinking that all this is just a smokescreen to distract the public’s attention from other, bigger issues?
The tin mining corruption scandal we are now witnessing, reveals a disturbing web of interconnected interests where concessions, protection, and politics converge to generate significant profits, while perpetuating systemic corruption and malpractice. This convoluted nexus highlights how powerful individuals and entities exploit their influence to secure advantageous deals, shield themselves from scrutiny, and manipulate regulatory frameworks for personal gain.
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At the heart of this scandal is the unethical granting of mining concessions to favored parties in exchange for financial rewards or political support. These concessions are often awarded without proper assessment of environmental impact or consideration for local communities, leading to exploitation of natural resources and degradation of the environment.
Moreover, the collusion between corrupt politicians, law enforcement, and business interests facilitates the protection of those involved in these illicit activities, perpetuating a culture of impunity and shielding wrongdoers from accountability. This symbiotic relationship corrodes the rule of law, undermines governance structures, and erodes public trust in institutions.
As this tangled web of corruption is gradually unraveled, it underscores the urgent need for comprehensive reforms to address the root causes of systemic malpractice. Transparency, accountability, and oversight mechanisms must be strengthened to prevent future instances of corruption and ensure sustainable and responsible mining practices that benefit society as a whole.