Crime and corruption as forms of business

Crime and corruption as forms of business

By Mochtar Buchori

JAKARTA (JP): It has been said that among gangsters, killing
is just "business". It is something that has to be done for
survival. As such, it should be done efficiently. A true gangster
never kills in anger. In most cases the gangster approaches the
victim in a friendly manner, chats with the victim, he may even
invite the victim for a drink, and then he strikes without
warning. The job is done, and the gangster goes away quietly.

In cases like this, gangsters seem to follow Jean Rostand's
adage which says that when one kills a person, one is an
assassin; when one kills millions, one is a conqueror; and when
one kills everybody, one is god. This may be the reason why some
gangsters kill indiscriminately, and often do so without
provocation. Killing seems to make some people feel that they
have the power of life and death over others.

In a healthy society, corruption is practiced by a small
minority of greedy people, those who are materially well off but
still want more. In a corrupt society, cheating and stealing are
so common as to be considered normal, even when the perpetrators
are prominent personalities.

No amount of wrongdoing can taint the reputation of these
prominent personalities and in this way corruption eventually
becomes a normal occurrence that is an integral part of daily
life. Thomas Fuller (1608-1661) once pronounced that "a thief
passes as a gentleman when stealing has made him rich." His
sentiment is echoed in the view that stealing and cheating are
just "business" when part of institutional corruption. Outside
this framework, the same acts are viewed as crime.

This does not prevent corrupt individuals from continuing
their unsavory practices. People guilty of corruption believe
that "successful and fortunate crime is called virtue" (Seneca,
55 B.C.- circa AD 39). In any case, in a corrupt society it is
always petty criminals who are caught and reprimanded, while the
"big fish" go unpunished and retain their considerable status in
society. "Laws grind the poor, and rich men rule the law" (Oliver
Goldsmith, 1765).

Can killing and corruption really be called business?

Business is the occupation, work, or trade in which a person
is engaged. The word may be used to refer to gainful economic
activity, but may also be used to denote trade, commerce, or
industry which is illegal, like trade in narcotic and firearms,
management of prostitutes, or money laundering.

The word business can thus be used in a purely technical sense
or in a morally oriented sense. Used in a purely technical sense,
being a member of a criminal organization is indeed an
occupation, a job. A gangster organization can produce and
distribute commodities and in this sense being a member of a
criminal organization is technically a "business activity".

However, those with a sense of law, justice, and social order
will seriously challenge this assertion and the legitimacy of any
occupation that is closely connected with criminal organizations.

A lawyer involved in organized crime is, technically speaking,
a lawyer. Morally speaking, the lawyer is, in the words of Lord
Byron, a "moral chimney sweep" using a "legal broom" and as a
consequence becomes dirty. This lawyer is not concerned with
upholding justice, only with winning legal cases. Viewed in this
way, any business activity related to crime is not a "normal" or
"legitimate" business, but an illegitimate one. It is crime.

Cheating and stealing within a corrupt society is also crime,
but is legitimized if perpetrated by official institutions. That
is why many people consider corruption as a legitimate crime. For
example, collecting taxes is a legal and legitimate act. However,
charging a fee in exchange for a reduced tax bill is a criminal
act, but not easily detected.

According to Professor Syed Husayn Alatas, corruption in a
developing society is always collective and faceless. It is
impossible in such a society to pinpoint guilty individuals.

It is important that we know that there are criminal
organizations around us and that corruption is rampant in our
society. We have been unable to stem these two vices, yet we all
dream of a utopian society, free of crime and corruption. Is such
a hope realistic?

No. There is no society without crime. According to Emil
Durkheim, crime is "an inevitable, although regrettable
phenomenon, due to the incorrigible wickedness of men". All that
we can realistically hope for is that crime will not exceed a
given level in our society.

Genuine development cannot be achieved through corruption.
There are two things which must be borne in mind as we try to
reduce corruption in our country. First, in every government
"corruption begins nearly always with that of principles"
(Montesqieu), and second, "No man is worthy of unlimited reliance
-- his treason, at best, only waits for sufficient temptation"
(H.L. Mencken, 1919).

We have failed to heed Montesqieu's warning. But we still have
time to take Mencken's advice seriously.

The writer is an observer of social and cultural affairs.