Feliciano Ximenes*
I. INTRODUCTION
Brief background of the political, economic and social environment of Timor-Leste
Timor-Leste is located on the
southernmost edge of the Indonesian Archipelago. After some 450 years of
Portuguese colonial rule and 24 years of resistance against Indonesian
occupation, Timor-Leste gained independence in 1999. At the time of
independence, 80% of the infrastructure was laid waste. Given the dire lack of
institutions and capacity, the United Nations Transitional Authority in
Timor-Leste (UNTAET) administered the country, exercised legislative and
executive authority and supported capacity-building to usher in
self-government. Full authority was handed over to the first constitutional government
in 2002. Timor-Leste is a parliamentary democracy in which the President is
Head of State and the Prime Minister is Head of Government. The President
serves a five-year term and is directly elected; he or she appoints the leader
of the majority party in parliament as Prime Minister.
Timor-Leste’s population is 1.21
million, with a more than 60% aged under 16. Portuguese influence during
centuries of colonial rule resulted in a substantial majority of the population
identifying themselves as Roman Catholic. Portuguese and Tetun are the official
languages, with English and Bahasa Indonesian as working languages. [1]
After restoration of independence
on May 20, 2002, Timor-Leste continued to face many challenges in all areas.
The government sees its main focus as balancing the pace of social and economic
development while responding to the complex needs of its population. Two of the
most pressing priorities continue to be security reform and economic
development, but the government also recognizes that more needs to be done in
areas of social justice, welfare and service delivery most particularly for
rural populations and in combating corruption.
While agriculture (e.g. coffee) has
traditionally been the backbone of the economy, oil and gas are now the major
export earners. The country has been noted for its sandalwood and teak
production for centuries and for its marble resources.
The country’s GDP for 2012 was $1.3 billion, with
GDP per capita for the same period: $9500.[2]
II.
INFRASTRUCTURE
DEVELOPMENT IN TIMOR-LESTE
Infrastructure
development is one of the most important parts in the government of Timor-Leste. Every year,
the government allocates substantial funds for infrastructure
development in Timor-Leste. At
the time of independence, 80% of the infrastructure was laid waste.
As the new state
and the limitations of the human resources and
the impact on the development process
in Timor-Leste, quality of the project
becomes very large
problems for our
country. From the
first government until the current government,
has not been able to resolve these issues and
the allocation of funds to the infrastructure were
not utilized properly.
Implementation of the project depends on the quality
of human resources available;
lack of supervision becomes a major problem
in accidents in
construction projects and their
impact on the quality of the
physical. There are
four key points in the
construction, namely: budged, time,
planning and quality
itself.
III.
RISK CORRUPTION IN TENDER PROCESS
In fact,
the implementation of the construction
in Timor-Leste raises
the risk of corruption, lack of funding and initial
verification of the construction
documents for the implementation of
a major cause of fraud. Tendering process is
also a major issue in most poses a risk of corruption. As
we all know each other, the lack of transparency and leakage of funds
often occurs in the
tender process, conflict of interest in tendering process. Greatest
risk of corruption is the allocation of
funds for emergency projects; emergency projects
occur because of natural disasters,
so called
by the name of emergency,
on emergency projects,
without contract document, drawing and
bill of quantity document, so often occur fraud in the
construction. The worst thing in the project was
the lack of emergency tender process, the appointment of the contractor directly seen
from the experience, and the financial assets
of the contractor. Examples of such emergency
bridge maintenance project due to the large wave of water, other examples
such as the destruction of the connecting road between the city and the city lack
of human resources is the main constraint
in the construction
process so that the quality of the project is less good and the
addition of construction funds.
IV.
RISK CORRUPTION DURING
IMPLEMENTATION CONSTRUCTION
Timor-Leste
government allocates huge government funds
to infrastructure; government
annually allocates funds for the
development process. A
lack of human resources become the biggest problem
in Timor-Leste today,
many efforts have been taken by the
government to address the
problem. The government's development plan aims to establish
a territory of Timor-Leste
became one of the
more advanced countries and
integrated, the plan
also aims to
address the problems that exist in
Timor-Leste, namely the lack of human resources, therefore, the government deliberately giving an opportunity to the contractor Timor-Leste to
do the construction with the aim of increasing their knowledge and
experience, The development
program was always
changing from year to year under the name, vision and mission
are different, development
programs include:
- Referendum Package
- Local Development Program (PDL)
· District Decentralized Development planning (PDD)
- District Integrated Development Planning (PDID)
- National Program for Village Development (PNDS)
The
physical construction of the building, common fraud concocted by those
who have the desire of its own. Intentional fraud in the construction of
which is
1.
Manipulation in design drawing documents
Project
implementation is generally done based on the
design drawing which has been prepared
by consultant’s drawings.
But in fact, the consultant did not do a
site visit so that when there is a difference with the implementation of document drawing
that has been prepared.
Sometimes the addition of volumes
that are not in accordance with the existing volumes
on the design
drawing. Effects are swelling of funds for
the construction. This is deliberately done by the consultant planner
who has been working
with the institution which is the
owner of the building project. This is corruption
highly organized between the project owner and
consultant planner.
2.
Manipulation in charge of planning budgets
The
manipulation of funds is the connection of
design drawing document manipulation, this
manipulation occurs on purpose in order percent
obtained by consulting
greater. This is deliberately
done by both parties between project owners and
consultants drawings, it is difficult to detect
because of the lack of supervision and verification
of the relevant institutions,
such as the ministry of public works
or ADN (National Development Agency). As for the other
factors that give way to commit fraud, other
factors such as the absence of unit prices are published by the
government, so they
are doing the calculations on the estimated funds
with his own conduct
in accordance with their own will without benchmark
price or standard
price of the material that has been determined. Another fraud that
occurs is the addition of an item that is not in
accordance with the existing
document drawing.
3.
manipulation
of
the material specification
Intentionally
commit fraud in the material specification as planning consultants have been working closely with procurement part of the criteria
in the selection of the contractor that will
do the physical construction of the building.
V.
TIMOR-LESTE CRIMINAL POLICY
Following
enactment of the Law on the
Anti-Corruption Commission, (Law No. 8, 2009), article 4 and 5 about the
mission of the commission and powers of the commission,
Article 4, the mission
of the commission is to undertake preventive action and criminal investigation
action against corruption in any of its forms, embezzlement, abuse of power,
trafficking of influences and financial participation in public affairs as
defined by penal legislation.
Article
5 is about powers of commission. In terms of
criminal prevention the commission has the power to:
- Gather and analyse information on the causes and the prevention of corruption;
- Undertake awareness raising actions aimed at limiting the practice of acts of corruption, by motivating people to adopt precautions or to reduce those acts and situations which render the occurrence of criminal conduct easier;
- Advise any institution or public authority on ways to prevent and fight against corrupt conduct.
The Commission
undertakes preventive and criminal investigation actions against corruption in
any of its forms: embezzlement, abuse of power, trafficking of influence and
financial participation in public affairs, as defined by penal legislation.
VI.
PREVENTION GOALS
Prevention Directorate of Private Sector has been
doing a good job according to the
task entrusted to
him, namely: to prevent and
combat against corruption
in Timor-Leste.
Private Sector Prevention
Directorate to supervise the private sectors using
state budget to implement development
projects. Directorate prevention unit have sub directorate of monitoring and inspection, there
are always working to see the implementation of the construction process. Besides the sub directorate
monitoring and inspections
are also always provide
input to the private sector
about how to do a
good construction process and to prevent corruption during
implementation of construction’s process.
Important Role of Prevention Directorate to
Private Sector
Allocation
of government funds for infrastructure has increased every year. Allocation of
government funds is part of a government plan to improve infrastructure in the
country. When we discuss government funds the private sector preventive
directorate always takes precautions against these funds.
Important
role of prevention direction to private sector
§ socialization
§ Inspection
§ Monitoring
The Objective of Monitoring
§ Control
government fund’s which allocated to project implementation to guarantee
physically project’s quality.
§ Identify
corruption risk during implementation of construction’s process.
§ How
to prevent the risk.
Methodology of Monitoring
1. Collect
the Document
The documents include:
a. Agreement
later, Profile company, Bill of Quantity, Document drawing, Technical specification
and Time schedule.
2. Study
and Analyse all Document.
3. Verify
the implementation during construction (Monitoring)
4. Prevention
action
5. Investigation
action
Another
risk of corruption is often detected/founding in the development process is a government fund is:
1. Document
·
legal document company does not meet the criteria
·
without document drawing
·
different between Bill of quantity and design
drawing
2. implementation
process
·
Manipulate of
bill of quantity
·
Manipulate
volume construction
·
Falsification
document
·
Manipulate
material of construction
VII.
CONCLUSION
Corruption in
construction cases in the state of Timor-Leste
is a criminal offense that is well organized. There is no guarantee
of quality of project because the
allocation of funds is not
fully used to the
maximum by the responsible. Fraud
in construction occurs due to lack of human resources and knowledge of the construction
itself so that some people take advantage of it.
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