A. DEFINITION AND LEGAL BASIS
Definition of Gratification according to the explanation of Article 12B of Law no. 20 Year 2001
Giving in a broad sense, which includes the provision of money, goods, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities. The gratuities are received both domestically and abroad and carried out using electronic means or without electronic means.
Exception:
Law No. 20 of 2001 Article 12 C paragraph (1):
The provisions as referred to in Article 12B paragraph (1) shall not apply, if the recipient reports the gratification he has received to the Corruption Eradication Commission.
Regulations Governing Gratification
Article 12B paragraph (1) of Law No.31/1999 in conjunction with Law no. 20/2001, reads
Every gratuity to a civil servant or state administrator is considered a bribe, if it is related to his position and contrary to his obligations or duties.
Article 12C paragraph (1) of Law No.31/1999 in conjunction with Law no. 20/2001, reads
The provisions as referred to in Article 12B Paragraph (1) do not apply, if the recipient reports the gratuity he has received to the KPK
Legal Rule Explanation
Article 12 of Law no. 20/2001:
Fined with life imprisonment or imprisonment for a minimum of 4 years and a maximum of 20 years and a minimum fine of Rp. 200 million and a maximum of Rp. 1 billion:
A civil servant or state administrator who accepts a gift or promise, even though it is known or reasonably suspected that the gift or promise was given to mobilize them to do or not do something in their position, which is contrary to their obligations.
Civil servants or state administrators who with the intention of unlawfully benefiting themselves or others, or by abusing their power, force someone to give something, pay or receive a discount, or to do something for himself;
Penalty
Article 12B paragraph (2) of Law no. 31/1999 in conjunction with Law no. 20/2001
Life imprisonment or imprisonment for a minimum of 4 years and a maximum of 20 years and a fine of at least Rp. 200 million and a maximum of Rp. 1 billion.
B. MUST REPORT
State Administrators Required to Report Gratifications are:
Based on Law no. 28 of 1999, Chapter II article 2, includes:
- State Officials at the Highest State Institutions.
- State Officials at State High Institutions
- Minister
- Governor
- Judge
Other State Officials:
- Ambassador
- Deputy Governor
- Regent/Mayor and Deputy Wakil
- Other officials with strategic functions:
- Commissioners, Directors, and Structural Officers in BUMN and BUMD
- Head of Bank Indonesia.
- College Leaders.
- Echelon One Leaders and other Officials who are equal in the Civil and Military environment.
- prosecutor
- Investigator.
- Clerk of court.
- Project Leader or Project Treasurer.
- Government employees
Based on Law no. 31 of 1999, as amended by No. 20 of 2001 includes:
- Employee at: MA, MK
- Employees at L Ministries/Departments & LPND
- Officer at the Attorney General's Office
- Employees at Bank Indonesia
- Leaders and Employees at the Secretariat of the MPR/DPR/DPD/Provincial DPRD/Dati II
- Employee at College
- Employees at Commissions or Entities established under the Law, Presidential Decree or PP
- Leaders and employees at Sekr. President, Secretary. Wk. President, Secretary of Regency and Secretary of Military
- Employees at BUMN and BUMD
- Officer at the Judiciary
- Members of the TNI and POLRI as well as Civil Servants within the TNI and POLRI
- Leaders and Employees of the Regional Government of Dati I and Dati II