Dynamics of Corruption and Political Elite in Indonesia: Case Study

of Harvey Moeis from the Perspective of Legal Sociology

Mustaring

1 a

, Nurharsyah Khaer Hanafie

2 b

and Kurnia Ali Syarif

2 c

Pendidikan Pancasila dan Kewarganegaraan, Universitas Negeri Makassar, Jl. Raya Pendidikan, Makassar, Indonesia

Hukum Bisnis, Universitas Negeri Makassar, Jl. Raya Pendidikan, Makassar, Indonesia

Keywords: Corruption, Political Elite, Legal Sociology, Dynamics, The Harvey Moeis Case.

Abstract: Corruption has been an ongoing challenge in the political and legal structures of many countries, including

Indonesia. This study takes a legal sociology approach to explore the dynamics of corruption and the role of

political elites, with the Harvey Moeis case as the focus of analysis. Through a qualitative approach, we

analyzed the background of the case, the corruption process that occurred, and the legal response to Moeis'

corrupt behavior. We combine sociological legal theories with empirical findings to understand how

corruption is perpetrated within political and legal power structures. The results reveal the complexity of

interactions between political, economic and legal forces in facilitating and cracking down on corrupt

behavior. This study provides in-depth insight into the dynamics of corruption and the role of political elites

in the Indonesian context, as well as highlighting the challenges the legal system faces in member corruption.

The implications of these findings are discussed in the context of effective prevention and law enforcement

efforts to address corruption in society.

1 INTRODUCTION

Indonesia has several tin companies, one of which is

PT. Timah Tbk, a tin mining company based in

Indonesia that has been operating for many years. As

a large and influential company in the tin mining

industry, PT. Timah Tbk has a rather long and

complex history related to various issues, including

corruption. PT. Timah Tbk also adds to the list of

irregularities within state-owned enterprises,

following previous incidents at PT Jiwasraya, PT

Garuda Indonesia, PT Waskita Karya, and others.

The mega corruption at PT. Timah Tbk serves as

a poor example of the governance of state-owned

enterprises. As with previous corruption in state-

owned enterprises (SOEs), various earlier studies

https://orcid.org/0009-0002-6984-7886

https://orcid.org/0000-0001-7907-1810

https://orcid.org/0009-0007-0037-989X

Surbakti, ErlanggaSeptian. "Implementasi Kebijakan

Pemberantasan Korupsi di Indonesia." Jurnal Ilmu

Hukum, vol. 7, no. 1, 2019, pp. 89-102.

Rasina Padeni Nasution, “Proyek Fiktif Sebagai Modus

Korupsi Di Indonesia,” TAQNIN: Jurnal Syariah Dan

Hukum 2, no. 2 (2020): 61.

have identified the causes and impacts of corruption

within SOEs. Azzahra et al. (2023, p. 57) in their

findings state that the impact of BUMN corruption,

namely the corruption at PT Waskita Karya, is the

loss of public trust in the state. In the corruption case

at PT Waskita Karya, the use of fictitious projects as

a modus operandi for corruption was found.

Structure, but also poses significant political,

social, and economic challenges to the larger

community. Cases like the one involving political

theorist Harvey Moeis in Indonesia provide light on

the intricate dynamics of corruption and the impact of

political elites on the operation of the legal system

and democracy. In order to comprehend the dynamics

of political elite tyranny and corruption from the

standpoint of legal sociology, I will use the example

Mustaring, , Hanaﬁe, N. K. and Syarif, K. A.

Dynamics of Corruption and Political Elite in Indonesia: Case Study of Harvey Moeis from the Perspective of Legal Sociology.

DOI: 10.5220/0013423200004654

In Proceedings of the 4th International Conference on Humanities Education, Law, and Social Science (ICHELS 2024), pages 301-307

ISBN: 978-989-758-752-8

301

of Harvey Moeis as a case study in this chapter.

Senior bureaucrat and former lawmaker Harvey

Moeis rose to prominence as a result of his

involvement in multiple corruption scandals that

eroded public confidence in the government and the

legal system.

In the case of corruption at PT Asuransi

Jiwasraya, Sagala et al. (2023, p. 108) concluded that

the corruption in the state-owned life insurance

company violated professional ethics, harming the

state through money laundering.

Another finding

regarding corruption in state-owned enterprises

(BUMN) was presented by Sabrina et al. (2023),

through their research on the corruption case at PT

Garuda Indonesia, which stated that the corruption at

PT Garuda Indonesia occurred because the principles

of Good Corporate Governance had not yet been

implemented within the BUMN.

Various abuses of authority through corruption

practices within state-owned enterprises (BUMN) are

demonstrated by Permatasari et al., due to the

relationship between corruption and the level of

experience of internal auditors. The auditor's

expertise factor is a fundamental issue in the loss of

early detection of corruption opportunities.

Eko

Putra Astaman provides his perspective in his

research findings that PT. Timah Tbk, which is

currently positioned as a subsidiary of a state-owned

enterprise whose parent company is Mining Industry

Indonesia (MIND ID), runs a tin ore production

recovery improvement program that is not based on

the principles of prudence and good faith, resulting in

a series of criminal events indicating the lack of

implementation of good corporate governance. (Good

Corporate Governance).

In the process of implementing the tin ore

production recovery improvement program, there are

individuals who committed disgraceful acts or

violated the law with malicious intent, resulting in

Redaksi. “Update Baru & Kronologi Lengkap Kasus

Timah yang Seret Harvey Moeis.” CNBC

Indonesia . Accessed April 3, 2024.

https://www.cnbcindonesia.com/market/202403300957

17-17-526671/update-baru- kronologi-lengkap-kasus-

timah-yang-seret-harvey-moeis.

Austin Hotdo Sagala et al., “Pelanggaran Etika Dalam

Bumn: Studi Kasus Mega Korupsi Pt Asuransi

Jiwasraya,” Kultura: Jurnal Ilmu Hukum, Sosial, Dan

Humaniora 1, no. 3 (2023): 108.

Davina Syahlum Sabrina, Ivana Mirella Hapsari, and Dian

Latifiani, “Analisa Kasus Korupsi Perusahaan Aviasi

Milik Bumn Pt. Garuda Indonesia (Persero), Tbk.,”

MAGISTRA Law Review 4, no. 02 (2023).

financial losses for PT. Timah Tbk. This can be

categorized as a State Financial Loss that is contrary

to the laws and regulations of the Republic of

Indonesia, including Law of the Republic of

Indonesia Number 17 of 2003 concerning State

Finance, Law of the Republic of Indonesia Number

31 of 1999 concerning the Eradication of Corruption,

Law of the Republic of Indonesia Number 19 of 2003

concerning State-Owned Enterprises, and Law of the

Republic of Indonesia Number 1 of 2004 concerning

State Treasury.

For Eko Putra Astaman (2024), the state's losses

due to corruption at PT Timah Tbk should prompt the

Indonesian Attorney General's Office to investigate

the corruption case at PT Timah Tbk because the

Attorney General's Office is an extension of the state's

legal authority. Furthermore, considering that the

state holds the majority shares in PT. Timah Tbk,

indicated by the composition of shares resulting from

state capital participation, as stipulated in the

Government Regulation of the Republic of Indonesia

Number 46 of 2022 concerning State Capital

Participation of the Republic of Indonesia in the

Establishment of Limited Liability Companies

(Persero) in the Mining Sector, the Republic of

Indonesia exercises control over PT Timah Tbk

through the ownership of Series A dual-colored

shares, in accordance with the provisions regulated in

the Articles of Association.

From several previous studies, it is emphasized

that corruption in state-owned enterprises (SOEs) is

not a new issue in state-owned companies. From the

research results, only the study by Eko Putra Astaman

(2024) has similarities with the author's research.

However, Eko Putra Astaman's (2024) study differs

from the author's research. The difference lies in the

theoretical perspective used. Eko Astaman Putra's

(2024) research employs the theory of Good

Luh Wulan Permatasari, Poppy Sofia Koeswoyo, and

Cahya Irawady, “Pengaruh Kualitas Auditor Internal

Dan Efektivitas Komite Audit Terhadap Korupsi Di

BUMN,” Owner: Riset Dan Jurnal Akuntansi 7, no. 3

(2023): 2653.

Supriyadi, Widodo Ekatjahjana. "Kebijakan Hukum

Pidana dalam Rangka Penanggulangan Tindak Pidana

Korupsi di Indonesia." Jurnal Hukum & Pembangunan,

vol. 45, no. 2, 2015, pp. 157-174

Eko Astaman, “Legal Analysis of State Losses Due to

Unlawful Resumption of Tin Ore Production by PT

Timah Tbk,” 2024.

Arief, Barda Nawawi. "Masalah Penegakan Hukum

dan Kebijakan Hukum Pidana Dalam Penanggulangan

Kejahatan." Kencana, 2016

ICHELS 2024 - The International Conference on Humanities Education, Law, and Social Science

302

Corporate Governance (GCG) and focuses more on

state losses and corruption crimes.

Meanwhile, the author's research focuses on

the case study of corruption at PT Timah Tbk viewed

through the lens of Law Number 40 of 2007

concerning Limited Liability Companies and Law

Number 19 of 2003 concerning State-Owned

Enterprises to understand the implementation of Law

Number 50 of 2007 concerning Limited Liability

Companies and Law Number 19 of 2003 concerning

State-Owned Enterprises in the internal governance

of PT Timah Tbk. The examination of the governance

case of PT Timah Tbk using Law Number 19 of 2003

concerning State-Owned Enterprises and Law

Number 40 of 2007 concerning Limited Liability

Companies as part of the legal basis for Indonesian

companies is necessary because PT Timah Tbk is a

company bound by these Indonesian legal bases.

This case centers on the alleged corruption

of tin trade in the Mining Business License (IUP) area

of PT Timah that occurred between 2015-2022. The

Attorney General's Office has named 16 suspects in

this case, including Mochtar Riza Pahlevi Tabrani,

the President Director of PT Timah from 2016 to

2021, and Harvey Moeis, the husband of Sandra

Dewi, who is suspected to be an intermediary for PT

Refined Bangka Tin. The suspects are alleged to have

committed corruption in the tin trade at PT Timah's

IUP. The Attorney General's Office has charged

Harvey Moeis with the Money Laundering Crime

(TPPU) article for allegedly receiving funds from

corruption and laundering money.

The Attorney General's Office will seize all

assets belonging to Harvey Moeis and those around

him if there are indications of corruption funds. The

value of ecological damage in this case is estimated

to reach Rp271 trillion based on calculations by

environmental expert from IPB, Bambang Hero

Saharjo. The losses consist of three types: ecological

losses amounting to Rp183.7 trillion, environmental

economic losses amounting to Rp74.4 trillion, and

environmental recovery costs amounting to Rp12.1

trillion. The Attorney General's Office is still

calculating the potential financial losses to the state

due to this corruption act.

The case is a major corruption case

involving many parties and potentially harming the

Chaerudin, dkk, Strategi Pencegahan & Penegakan

Hukum Tindak Pidana Korupsi,Bandung, Refika

Aditama,2009

Eko Astaman, “Legal Analysis of State Losses Due to

Unlawful Resumption of Tin Ore Production by PT

Timah Tbk,” 2024.

country financially and ecologically. The Attorney

General's Office is conducting an investigation and

inquiry to uncover the intricacies of this case and

legally process the suspects.

I'll go over the case's history, including the social,

political, and economic elements that contribute to

corruption in the political class.

I will also list the

theoretical framework that was employed to examine

this occurrence, along with pertinent sociological

legal themes like power, inequality, and social

control. By understanding the Harvey Moeis case

from a legal sociology perspective, it is hoped that we

can explore the root causes of corruption and the

involvement of political elites and find more holistic

and effective solutions in combating this

phenomenon. In addition, this discussion can also

provide valuable insights for policy makers, legal

practitioners, and the general public in an effort to

strengthen the integrity of the Indonesian legal and

political system.

2 METHOD

This research adopts a normative juridical approach

to analyze the legal framework governing the Harvey

Moeis case. The research method used in this study is

the statute approach, where in this case, Law No. 8 of

1995 concerning the capital market is used as the

basis for analysis. This research uses primary,

secondary, and tertiary legal materials, including

legislation, journals, scholarly opinions, and legal

cases utilized by the author.

This research uses legal sociology analysis by

examining to what extent this case then changes

public perception and views in understanding

corruption and causes a crisis of trust in law

enforcement in Indonesia as well as A detailed and in-

depth study of a single case, involving an event, group,

individual, or organization.

3 RESULT AND DISCUSSION

Jannah, L. M., Sipahutar, M. Y., & Hariyati, D. (2020).

Public information disclosure: mapping the

understanding of multiple actors in corruption- Prone

Indonesian provinces. Policy & Governance Review,

4(3), 167.

Dynamics of Corruption and Political Elite in Indonesia: Case Study of Harvey Moeis from the Perspective of Legal Sociology

303

3.1 The Dynamics of Corruption

The dynamics of corruption is a highly complex and

influential phenomenon that affects various aspects of

life, such as the economy, politics, society, and law.

The dynamics of corruption in Indonesia are divided

into two perspectives: cultural and structural:

a. The cultural perspective illustrates how

corruption is carried out consciously,

thus done without remorse and

repeatedly. Patterns present in society

include: economic disparity, poor

bureaucratic services, weak law

enforcement, and minimal anti-

corruption education and training from

an early age.

b. From a structural perspective, future

corruption cases will involve

perpetrators connected to power and

related to the organizational structure of

institutions. The perpetrator has power,

and within the structure, there are several

people. Those individuals connected to

the power structures will be processed

through legal channels as long as the

evidence is strong.

The dynamics of corruption in Indonesia can also

be viewed from a historical political perspective, as

seen in the case study by Harvey Moeis, who employs

the theory of political elites, which explains the

classification of elites into two categories: the

governing elite and the non-governing elite.

3.2 Elite Politics

Political elites are individuals or groups who hold

executive and legislative political positions elected

through elections and chosen in a democratic political

process. Local political elites are individuals who

hold executive and legislative political positions

elected through elections and chosen in a local

democratic political process.

The connection between political elites and the

Harvey Moeis case from the perspective of legal

sociology can be seen through various aspects,

including:

a. Corruption and political elites: The case

of Harvey Moeis shows how political

Azyumardi Azra, Korupsi Dalam Perspektif Good

Governance, Jurnal Kriminologi Indonesia, Vol. 2, No.

1 (2002). hlm. 31

elites can be involved in corruption and

cause the loss of the embodiment of law

and justice. Suspect Harvey Moeis, who

is the husband of actress Sandra Dewi, is

considered merely an extension

representing PT RBT in the corruption

case of tin commodities in the Mining

Business License (IUP) area of PT

Timah Tbk from 2015-2022.

b. Role of Helena Lim: The Attorney

General's Office stated that Harvey

Moeis received money from private

companies involved in accommodating

illegal mining activities in the IUP area

of PT Timah Tbk through PT QSE, and

the party from PT QSE facilitating the

flow of funds was Helena Lim, the

manager.

c. Money Laundering Article: The Director

of Investigation of the Attorney

General's Office for Special Crimes,

Kuntadi, stated that Harvey Moeis

instructed smelter owners to release

profits for himself or other suspects who

had been previously detained, under the

pretext of CSR funds to suspect HM

through PT QSE facilitated by Helena

Lim.

d. Money Laundering Article: The Director

of Investigation of the Attorney

General's Office for Special Crimes,

Kuntadi, stated that Harvey Moeis

instructed smelter owners to release

profits for himself or other suspects who

had been previously detained, under the

pretext of CSR funds to suspect HM

through PT QSE facilitated by Helena

Lim.

e. Connection with PT RBT: Harvey Moeis

is said to have instructed the smelter

owners to release profits for himself or

other previously detained suspects,

under the pretext of CSR funds to

suspect HM through PT QSE facilitated

by Helena Lim.

In the perspective of legal sociology, the Harvey

Moeis case demonstrates how political elites can

engage in corruption and cause the loss of the

embodiment of law and justice. This is due to the

Muladi dan Barda Nawawi Arief, Teori-Teori dan

Kebijakan Pidana, (Bandung: Alumni, 1992). hlm 89.

Sudarto, Hukum dan Hukum Pidana, (Bandung: Alumni,

1977). hlm. 161.

ICHELS 2024 - The International Conference on Humanities Education, Law, and Social Science

304

wealth and capability required to operate within the

political and legal systems. This case also illustrates

how political elites can use the legal system to their

advantage, as well as how those in power can

disregard law and justice for their own benefit.

3.3 Analysis of the Legal Framework

Analysis of the legal framework governing the

Harvey Moeis case reveals the presence of several

relevant laws and regulations, including the Anti-

Corruption Law "Law (UU) Number 31 of 1999

concerning the Eradication of Corruption Crimes:

Anyone who unlawfully enriches themselves or

others or a corporation in a manner that can harm the

state finances or the state economy shall be punished

with life imprisonment or imprisonment for a

minimum of 4 (four) years and a maximum of 20

(twenty) years and a fine of at least Rp.

200,000,000.00 (two hundred million rupiah) and at

most Rp. 1,000,000,000.00 (one billion rupiah) and

related regulations governing the field of government

and state financial management.

Although the existing legal framework provides a

strong foundation for handling corruption cases like

the Harvey Moeis case, there are still weaknesses in

implementation and law enforcement. Some of the

identified obstacles include:

a. Actions that have not been answered

clearly: Most of the suspects in this case

still face questions that have not been

answered clearly, making the handling

process longer and more complicated.

b. Strategy, in-depth investigation, and

confrontation: The handling of

corruption cases requires strategy, in-

depth investigation, and confrontation

from the individuals who have been

examined.

c. Number of witnesses and suspects: In

this case, there are 148 witnesses who

have been examined by the Attorney

General's Office, and 16 suspects have

been identified.

d. Fictitious cooperation agreements: The

suspects in this case are alleged to have

Nasution, Rasina Padeni. “Proyek Fiktif Sebagai Modus

Korupsi Di Indonesia.” TAQNIN: Jurnal Syariah Dan

Hukum 2, no. 2 (2020).

Muladi dan Barda Nawawi Arief. "Bunga Rampai

Kebijakan Hukum Pidana." Alumni, 2010.

Azzahra, Nurmia, Virginia Alanus, and Luhur Athallah.

“Dampak Korupsi Pt Waskita Karya (Persero) Tbk

Terhadap Keberlangsungan Bumn Dan Masyarakat

been involved in fictitious cooperation

agreements with PT Timah Tbk, which

were used as a basis to create shell

companies to extract tin ore in the

Bangka Belitung region.

e. State losses: As a result of this corruption

scandal, the state is estimated to have lost

up to Rp271 trillion.

3.4 Evaluation of Court Final Decisions

The court ruling related to the Harvey Moeis case is

still in the process of calculating the financial losses

to the state, so no information is available regarding

the outcome. This case is one of 15 cases of tin mining

corruption at the Mining Business License (IUP)

location of PT Timah Tbk, which caused state losses

of around Rp 271 trillion. Harvey Moeis has been

named a suspect in the alleged corruption of tin

commodity trade in the IUP area of PT Timah Tbk

and has been detained for the next 20 days at the

Salemba Detention Center, a branch of the South

Jakarta District Attorney's Office.

Analysis of the court's decision regarding the

Harvey Moeis case shows variation in the assessment

of the legal violations committed. Some rulings

acknowledge the existence of corruption and impose

strict penalties, while others reveal weaknesses in the

judicial process or political interference. The

evaluation of the court's decision highlights the

challenges in maintaining judicial independence and

upholding justice without external pressure. In

addition, this indicates the need for an improvement

in the capacity and integrity of the judiciary in

handling corruption cases involving political elites.

3.5 Policy Implications

From the analysis results, several policy implications

have emerged that can be taken to improve law

enforcement and combat corruption, including the

expansion of anti-corruption agency authority,

increased transparency and accountability, and

improvements in the judicial process.

Indonesia.” Kultura: Jurnal Ilmu Hukum, Sosial, Dan

Humaniora 1, no. 3 (2023): 56–64.

https://nasional.sindonews.com/read/1348979/13/harvey-

moeis-suami-sandra-dewi-langsung- ditahan-di-rutan-

salemba-1711555407 (accessed on September 9, 2024).

Elwi Daniel, Korupsi:Konsep, Tindak Pidana dan

Pemberantasaanya, Jakarta: PT.Raja

Grafindo Persada, 2012.

Dynamics of Corruption and Political Elite in Indonesia: Case Study of Harvey Moeis from the Perspective of Legal Sociology

305

The implications of this policy highlight the need

for reforms in the legal and political systems to

address the root causes of corruption and the

involvement of political elites. These measures must

be taken comprehensively and closely monitored to

ensure their success in combating corruption.

3.6 The Correlation of Politics,

Economy, and Law in Case a Quo

What we can learn from this case is how the Harvey

Moeis case connects three major fields: Economics,

Politics, and of course, Law. All three are then

affected, such as in the economic aspect, which

certainly harms the state's finances, and the

involvement of actors, rogue politicians, and political

mafias who manipulate policies and authorities by

violating the law. therefore, the three are

interconnected and will be affected by the occurrence

of the criminal act.

3.7 To Overcome These Various

Obstacles, the following Measures

Have Been and Are Being

Implemented.

a. Redesigning public services, especially in

areas directly related to daily community

service activities. The goal is to make it

easier for the general public to receive

professional, quality, timely public services

without being burdened by extra fees or

illegal charges. Priority steps are aimed at:

(a) Improving the Public Service System; (b)

Enhancing the Performance of Public

Service Apparatus; (c) Improvement of

Public Service Institutions' Performance;

and (d) Enhancement of Supervision over

Public Services, with priority activities as

attached in the matrix.

b. Strengthening transparency, oversight, and

sanctions on government activities related to

the economy and human resources. The goal

is to enhance the Government's

accountability in managing state resources

and human resources, as well as to provide

access to information and various matters

that offer broader opportunities for the

public to participate in the economic field.

Priority steps are aimed at: (a) Improvement

Friedman, Lawrence M. "Crime and Punishment in

American History." Basic Books, 1993.

of the State Financial Management System;

(b) Improvement of the Government

Procurement System; and (c) Improvement

of the State Apparatus Human Resource

Management System, with priority

activities.

c. Enhancing the empowerment of supporting

devices in prevention corruption. The goal is

to uphold the principle of the "rule of law,"

strengthen the legal culture, and empower

the community in the process of eradicating

corruption. Priority measures are aimed at:

(a) Increasing Public Awareness and

Participation; and (b) Improving Supporting

LegalMaterials.

d. It seems that imprisoning corruptors is not a

deterrent or the most effective way to

eradicate corruption. Moreover, in practice,

correctional facilities become places that are

no different from places outside the

correctional facilities as long as corrupt

convicts can pay a certain amount of money

to receive services and facilities that are no

different from the services and facilities

outside the correctional facilities. Therefore,

the term "prison with luxurious facilities and

services" has emerged. Given the current

conditions, it is necessary to consider other

ways to make people feel ashamed and think

twice before committing corruption. One of

the ways that can be done is to have a

provision for announcing decisions that have

obtained permanent legal force on

corruption cases through the media. This

provision is not only to provide information

to the public but also serves as a moral

sanction for the perpetrators of corruption

crimes. In addition, it is also necessary to

impose the sanction of revocation of rights

on defendants in corruption cases. This is

very important to provide a lesson that

public office holders are individuals of high

morality and integrity.

e. The enforcement of law in the context of

eradicating corruption must be carried out in

a coordinated and integrated manner with a

single goal, which is to eradicate corruption.

Law enforcement human resources must

come from selected individuals and possess

high integrity. It is time to put an end to

sectoral or institutional egos among law

ICHELS 2024 - The International Conference on Humanities Education, Law, and Social Science

306

enforcement agencies. The state also needs

to consider how to ensure that the welfare

level for law enforcement officers is good,

not lacking, and becomes clean law

enforcement officers. How can it be clean if

the broom used for cleaning is a dirty broom.

4 CONCLUSION

In the case study of Harvey Moeis, it is clear how the

political elite play a significant role in the dynamics

of corruption. Through the perspective of legal

sociology, we can understand how social and legal

factors influence corruption practices. The

importance of appropriate interventions in the legal

and political systems is also emphasized to reduce

corruption and enhance the accountability of political

elites.

This severely affects many aspects, not just the

law, but also the trust and stigma of the community,

which will greatly change towards justice and

government integrity. Not only law enforcers but also

government officials will come under scrutiny, and

rightly so.

ACKNOWLEDGEMENTS

Thank you to colleagues, partners in the PPKn and

Business Law Department of FIS-H UNM and all

parties involved in writing this article. Hopefully in

the future this article can be developed and contribute

to science, especially in the field of law.

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Public information disclosure: mapping the

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