POTENTIAL LOCAL wISDOm IN EFFORTS TO ERADICATION CRImE OF SmuGGLING IN INDONESIA
A. INTRODuCTION
Economic globalization and free trade are two currents which affect each other and reinforce each . Both of these will be very strong currents changing economic order and trading countries in the world, including Indonesia.
In Era Orde Lama Indonesia closed to foreign sector with aim to protect domestic industries from influence of Western Liberalism. But in the end Indonesian economy crash because of high inflation, balance of payments deficit, and exhaustion of reserves. Then in Era Orde Baru Indonesia improve its economic structure by changing economic system into outward orientation . This is done to control inflation and boost economic growth.
Committed to accept existence of economic globalization means that Indonesia is ready with all the consequences thereof. According to Rowland B.F. Pasaribu positive and negative impacts
Positive impact Negative impact a. Advancement of information and communication
technologies facilitate human interaction; a. An entry of foreign cultures value will eliminate traditional principle of a nation and identity of a nation;
b. Advancement of information and communication technology accelerates humans to relate to other human beings;
b. Exploitation of natural and other resources will peak because growing need;
c. Advances in communications technology, information
and transportation increase efficiency; c. In economic field, developing principle of consumerism and individual shifting social principle of society
d. Support nationalism in promoting integration process
among others by breaking ethnocentric; d. Dehumanization occurs, namely human dignity will not be appreciated for more use of high-tech machines;
e. Increased social mobility and strengthening of middle
class; e. An emergence of dominance of developed countries
that have a more powerful force;
f. Communications easier and also cheap; f. Resulting in erosion of traditional principle;
g. Broader opportunities for people of various ethnic,
national, cultural and religious to interact. g. Symptoms arise such as consumerism, materialism, letting morality, and so forth;
h. Unbalanced development and economic gap widening between regions within a country and between sectors of economy;
i. Society formed less creative, less passionate and hedonistic character;
j. Rampant habits results of science and technology from other countries.
Discusses international trade must not be separated from discussion on export and import activities. Export and import activities are very closely linked to crime of smuggling2.
An act of smuggling of concern because it is done by naked eyes. Most known for smuggling and even goods are traded freely. Term “smuggling”, “stow” is actually not a juridical term.
Smuggling is an everyday phenomenon understanding where someone secretly or surreptitiously insert or remove goods to or from a country with a specific background3.
The issuance of Constitution No. 10 of 1995 on Customs which was then amended by Constitution No. 17 of 2006 (hereinafter referred to as the Customs Law) is expected to eradicate the crime of smuggling. But according to data DJBC, until October 2015, there were 129 cases of smuggling electronic goods to value of the catch Rp74,67 Billion. This figure increases compared to 2014, which were 96 cases with a value Rp41,6 Billion4.
B. Problems
The problems discussed in this paper is how potential of local wisdom in an effort to eradicate smuggling in Indonesia?
2 Smuggling of illegal importation interpreted to avoid duties or because of smuggling prohibited goods (See Leden Marpaung, tindak Pidana Penyelundupan Masalah dan Pemecahan, Gramedia Pustaka Utama, Jakarta, 1991, p. 9).
3 Saufnir Chibro, Pengaruh tindak Pidana Penyelundupan terhadap Pembangunan, Third edition, Sinar Grafika, Jakarta, 1992, p. 13.
4 Rochimawati dan Arie Dwi Budiawati, Penyelundupan Barang Elektronik Meningkat, http://bisnis.news.viva.
co.id/news/read/692183-penyelundupan-barang-elektronik-meningkat, accessed Desember 17, 2015.
C. Discussion
Bore of the Customs Law is an embodiment of the legislation that is based on Pancasila5 and the 1945 Constitution, that it contains principle of justice6, uphold right of every member of society, and put customs obligations as obligations of state which reflects participation of community members in collecting funds through payment of import duties, legislation customs as part of law of fiscal must be able to ensure protection of public interests, smooth flow of goods, people and documents, reception duties optimal, and can create a business climate that could encourage pace of national development7.
It is also internationally renowned nation of Indonesia as one of countries that have good ethics, people are suave, polite cherished principle . Pancasila play a major role in shaping mindset of this nation so that this nation can be appreciated as one of nation in the civilized world.
Pancasila contained in noble principle . Spirit organize all right, just, and good (essence First sila) into “moral principles” for four precepts which are: humanity (Second sila), nationality (Third sila), state (Fourth sila) , and social (Fifth sila). That is, fundamental moral precepts belief in form of spirit organize all right, just, and good that animates efforts to manage all problems that exist in other four precepts8.
So it can be said that principle of Pancasila is basic principle, instrumental principle and practical principle that manifested itself in culture and local wisdom.
According Naritoom9 “local wisdom is knowledge that discovered or acquired by lokal people through accumulation of experiences in trials and integrated with understanding of surrounding nature and culture. Local wisdom is dynamic by function of created local wisdom and connected to global situation”.
The definition of local wisdom, at least imply some concepts, namely: (1) local wisdom is a long experience, which is deposited as a guide a person’s behavior; (2) local wisdom can not be separated from their owners environment; and (3) local wisdom is dynamic, flexible, open, and constantly adapt to era. Thus concept at same time also suggests that local knowledge is always related to human life and the environment. Local wisdom emerging as a guard or filter global climate that plagued human life.
While Geertz10 found “local wisdom is part of culture. Local wisdom is traditional culture element that deeply rooted in human life and community that related with human resources, source
5 Pancasila eighth frame found on fifth principle is social justice, which is basis of legal system of Indonesia in realizing economic democracy which must achieve social justice for all Indonesian people. Economic doctrine of democracy into country’s political and legal foundation in care of social life (See Bernard L. Tanya dkk., Pancasila Bingkai Hukum Indonesia, Genta Publishing, yogyakarta, 2015, p. 8).
6 The state has a role in the economy , it is contained in Article 33 paragraph (2) and (3) of the 1945 Constitution the role of 2 (two) types, namely as regulator and as an actor . Paragraph (2) emphasizes the role of state as an actor
of culture, economic, security and laws. lokal wisdom can be viewed as a tradition that related with farming activities, livestock, build house etc”.
Further stated some of characteristics of local wisdom, among others: (1) local wisdom appears to be simple, but often is elaborate, comprehensive, diverse; (2) It is adapted to local, cultural, and environmental conditions; (3) It is dynamic and flexible; (4) It is tuned to needs of local people; (5) It corresponds with quality and quantity of available resources; and (6) It copes well with changes.
Local wisdom can be interpreted as a way of life and knowledge and strategies of life intangible activities performed by the local community in responding to various problems in meeting their needs. Their fulfillment system covering all aspects of life, religion, science, economics, technology, social organization, language and communication as well as art, can be traditions, proverbs or motto of life . The system then becomes part of way of life they face. Thanks to local knowledge, they can continue their life can even be grown in a sustainable manner11.
In terms of underlying philosophy, wisdom can be categorized in two aspects, namely:
a. ideas, thoughts, intellect abstract.
Covers a wide range of knowledge, views, principle and practices of a community either obtained from previous generations of community as well as those obtained by community in present, which is not derived from previous generation, but from a variety of experiences in present, including from contact with people or other cultures.
b. local wisdom in form of concrete things, can be seen.
Usually in form of objects artifacts, which adorn human life, and symbolic meaning.
Local wisdom has many dimensions reinforcement (strengthening) in various sectors of life12. Here picture.
Development of national character is an effort being made to make citizens of good character.
Development of national character can be done through the local culture because the characters needed for national and state life is actually contained in local culture which is owned by respective masaing regions in Indonesia which is a crystallized form of principles of Pancasila.
The essence of progress of nations shows that development of character of a nation can not be separated from cultural aspects of society that is in harmony with characteristics of nation itself. Cultures were excavated from local knowledge is not inhibiting progress in global era, but it becomes a cultural filter and transformational power that is extraordinary in nation achieve greatness. Therefore, digging principle local wisdom is a strategic effort to build character of nation in global era13.
Therefore, principle of local wisdom should be embedded in national psyche Indonesia. Instilling awareness that act of smuggling will adversely affect state finances. Society must have concern to not buy “dark” at low prices. Considering it would weaken joints of the country’s economy, due to increasing number of smuggling will reduce revenues from import taxes and customs duties resulting reduction in foreign exchange. Importers should also be aware that practice of smuggling will give bad impact on state revenues. While export sector, with non-payment of export tax in state also would reduce state revenues from export taxes. With reduced state revenues will have an impact on welfare of Indonesian peoples.
11 Cecep Eka Permana, 2010, Kearifan Lokal Mayarakat Baduy dalam Mengatasi Mitigasi Bencana, Wedatama Widya Sastra, Jakarta, p. 2.
12 Borni Kurniawan, Kearifan Lokal di tengah arus Pembangunan, Welfare, Jurnal Ilmu Kesejahteraan Sosial, Vol. 1, No. 2, Desember 2012, p. 236.
13 Wagiran, Pengembangan Karakter Berbasis Kearifan Lokal Hamemayu Hayuning Bawana (Identifikasi Nilai- Nilai Karakter Berbasis Budaya), Jurnal Pendidikan Karakter, Tahun II, No. 3, Oktober 2012, p. 330.
The act of smuggling is clearly detrimental to export or import of state finances14 and will make state finances worse off. According to author of act of smuggling is a business activity of entrepreneurs who do not serve national interest and has no business ethics15. The author considers act of smuggling has no business ethics, because employers have used improper means to advance their business by being dishonest lie to government officials.
In addition, there are still elements that contribute to occurrence of criminal offenses in customs field. At least three parties working together, first is importer, latter of course is businessmen handling customs service, and that three is persons16.
If entrepreneurs in doing business or officials in their duties have instilled principle of local wisdom, then fraud in export and import activities will not occur. Because employers and officers have made principle of local wisdom as a character. So that in any export and import activities, both employers and officers will behave and act based on principle of local wisdom.
D. Conclusion
Local wisdom can be used to stem negative impact of globalization. Serve as character of the Indonesian nation. By making local wisdom as character of nation, act of smuggling is not going to happen. Because both entrepreneurs in doing business and officers in their duty to cling to principles of local wisdom.
REFERENCES Books
Ade Saptomo, Budaya Hukum dan Kearifan Lokal, Fakultas Hukum Universitas Pancasila, Jakarta, 2013.
Adi Sulistiyono, Hukum Ekonomi Sebagai Panglima, Masmedia Buana Pustaka, Sidoarjo, 2009.
Bernard L. Tanya dkk., Pancasila Bingkai Hukum Indonesia, Genta Publishing, yogyakarta, 2015.
Cliffort Geertz, the Interpretation of Cultures, Basic Books, New york, 1973.
Deliarnov, Ekonomi Politik, Erlangga, Jakarta, 2006.
Hendra Halwani, Ekonomi Internasional dan Globalisasi Ekonomi, Ghalia Indonesia, Bogor, 2005.
Leden Marpaung, tindak Pidana Penyelundupan Masalah dan Pemecahan, Gramedia Pustaka Utama, Jakarta, 1991.
Saufnir Chibro, Pengaruh tindak Pidana Penyelundupan terhadap Pembangunan, Cetakan
Legislation 1945 Constitution
Constitution No. 10 of 1995 on Customs which was then amended Constitution No. 17 of 2006.
Journals/Papers Seminar/workshop/Talkshow
Adi Sulistiyono, Adi Sulistiyono, Pembangunan Hukum Ekonomi untuk Mendukung Pencapaian Visi Indonesia 2030, Speech Inauguration of Economic Law at the Faculty of Law, Sebelas Maret University, delivered in Open University Senate Meeting of Sebelas University on November 17, 2007.
Bernard L. Tanya, Pancasila Bingkai Ke-Indonesia-an, Discussion Forum Lecturer delivered in UPT - MKU Sebelas maret university, Surakarta on May 21, 2015.
Borni Kurniawan, Kearifan Lokal di tengah arus Pembangunan, Welfare, Jurnal Ilmu Kesejahteraan Sosial, Vol. 1, No. 2, Desember 2012.
Cecep Eka Permana, Kearifan Lokal Mayarakat Baduy dalam Mengatasi Mitigasi Bencana, Wedatama Widya Sastra, Jakarta, 2010.
Desi Prawita, Presiden Joko Widodo Senang Perintahnya Segera Ditindaklanjuti Bea Cukai terkait Pengawasan Impor Ilegal, Warta Bea Cukai, Volume 47, No. 11, November 2015.
Wagiran, Pengembangan Karakter Berbasis Kearifan Lokal Hamemayu Hayuning Bawana (Identifikasi Nilai-Nilai Karakter Berbasis Budaya), Jurnal Pendidikan Karakter, Tahun II, No. 3, Oktober 2012.
Electronic Data
Nila Chrisna yulika dan Agus Rahmat, Impor Ilegal, Jokowi Tuding Ada Oknum di Bea Cukai, http://bisnis.news.viva.co.id/news/read/686119-impor-ilegal--jokowi-tuding-ada-oknum- di-bea-cukai, accessed Desember 15, 2015.
Rita Dwi Lindawati, Bahan Ajar Undang-undang Kepabeanan, Program Diploma III Keuangan Spesialisasi Kepabeanan dan Cukai, STAN, http://akademik.stan.ac.id/vclass_
repository/2012-09-11_20112_80000016_UU%20Kepabeanan.pdf, accessed November 22, 2015.
Rochimawati dan Arie Dwi Budiawati, Penyelundupan Barang Elektronik Meningkat, http://
bisnis.news.viva.co.id/news/read/692183-penyelundupan-barang-elektronik-meningkat, accessed Desember 17, 2015.
Rowland, B.F. Pasaribu, Globalisasi dan Pembangunan Ekonomi Indonesia, https://ml.scribd.
com/doc/171662067/14-Globalisasi-dan-Pembangunan-Ekonomi-Indonesia, accessed November 15, 2015.
Syarip Hidaya, Pengaruh Globalisasi Ekonomi dan Hukum Ekonomi Internasional Dalam Pembangunan Hukum Ekonomi di Indonesia, http://ejournal.narotama.ac.id/files/
pengaruh_globalisasi_ekonomi.pdf, accessed November 15, 2015.