By Timur Abimanyu, SH.

MH

The Washington Post

Gratification or An Actor Should Giving In Corruption

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Framework for Combating Corruption ?
Gratuity is a gift in a broad sense, which includes providing money, goods, rebate (discount),
commissions, interest-free loans, travel tickets, lodging facilities, tours, free medical, and
other facilities.
Gratuities are accepted in both domestic and abroad and are made using electronic means or
without electronic means.
Although there is no minimum limit, but there are suggestions the government through the
Minister of Communication in 2005 that administration of less than Rp. 250.000, - so as not
included in the group gratuity. But this has not been decided and is still under discussion
discourse. On the other hand the community as a reporter and gratuities reported above Rp.
250.000, - shall be protected in accordance PP71/2000.
The legal basis gratuity act stipulated in Law 31/1999 and Law 20/2001 Article 12 where the
threat is sentenced to life imprisonment or imprisonment for 4 years and a maximum of 20
years and a fine of between 200 million and a maximum of 1 billion rupiah.
Law 20/2001 on each obtained gratification civil servants or state officials considered a bribe,
but that same provision does not apply if the recipient reported the receipt of gratuities to the
Corruption Eradication Commission (KPK) which must be done no later than 30 (thirty)
working days commencing from the date of such gratuities received.

Gratification in the legal system in Indonesia can be found in Law no. 20 of 2001 on the
Amendment Act No. 31 of 1999 on Eradication of Corruption and explanation defines
gratuity as a gift in a broad sense, ie covering giving money, goods, rebates or discounts,
commissions, interest-free loans, travel tickets, lodging facilities, tours, free medical, and
other facilities.

In Article 12 B of Law No. 20 of 2001 states that "Every gratification to civil servants or state
officials considered bribery, if related with his position and that contrary to the obligation or
duty ". When a civil servants or state officials received a gift, it has the obligation to report to
the Commission as stipulated under Section 12 C of Law No. 20 of 2001, namely:
1. The provisions in article 12, paragraph B (1) of the graft is considered as bribery and does
not apply if the recipient reported the receipt of gratification to the Commission;
2. Graft recipients report no later than 30 (thirty) working days from the date gratuities
received;
3. Within no later than 30 (thirty) working days from the date of receipt of the report, KPK
shall determine the graft can be a receiver or state-owned property;
4. The procedure for submission of reports and the determination of graft status regulated by
law on the KPK.

Examples of which can be classified as a gratuity, among others:

• Giving gifts or money as a thank you for having assisted;
• Gifts or donations received by officials from the partner at the time of her marriage;
• Provision of travel tickets to officials / civil servants or their family for the purposes of
Private free of charge;
• Providing special discounts for officials / civil servants to purchase goods or services from
partners;
• Provision of fees or expenses on the pilgrimage from partners to officials / public servants;
• Giving gifts on birthdays or other personal events of the partnership;
• Giving gifts or souvenirs to the officials / public servants during a working visit;
• Giving gifts or parcels to the officials / public servants during religious festivities, by
 associates or subordinates.

Based on the above example, the gift that can be categorized as a gratuity gift or a promise
that has to do with employment or service and / or solely because of association with the
position or the position of officials / civil servants with sipemberi.

Criminal sanctions may be imposed receiving gratuities for government officials or

organizers state:
1. accept gifts or promises when known or reasonably suspected, that the gift or promise
given because of power or authority associated with his position, or who according to the
minds of people who give a gift or promise is nothing to do with his position;
2. accept gifts or promises, but are known or reasonably suspected that the gift or promise
given for the move to do or not do something in his post, contrary to their obligations;
3. accept gifts, but are known or reasonably suspected that the gifts were given as result or
due to having done or not done something in his post contrary to their obligations;
4. with the intention of enriching himself or another person in contravention of law, or with
abusing his power to force someone to give something, pay, or accept payment by piece, or
to do something for himself;
5. at the time of performing their duties, requesting, receiving, or cutting payments to
employees country or other state officials or the public cash, as if civil servants or other
state officials or the public cash in debt to him, but note that it is not the debt;
6. at the time of performing their duties, solicit or accept a job, or delivery of goods, as if a
debt to himself, but note that it is not a debt;
7. at the time of performing their duties, been using state land on which there are rights wear,
as if in accordance with the laws and regulations, have hurt people reserves the right, but
knowing that the act was contrary to regulations legislation; or
8. either directly or indirectly, intentionally participated in the chartering, procurement, or
rental, which at the time of the act, for all or part assigned to take care of or watched.

Based on the above explanation, the auditor / investigator at the CPC as Executive Officer
Civil Affairs, firmly and clearly not justified accept gifts from auditees in any form including
airline tickets, lodging facilities, and other facilities because it These include the provision of
bribes as defined in Article 12 B of Law No. 20 Years 2001. In addition, internally with the
promulgation of Regulation No. CPC. 2 / 2007 on August 22, 2007 regarding the State Audit
Code of the Republic of Indonesia, for ensure integrity in performing their duties and
authority, and all CPC members auditor / investigator CPC prohibited from accepting any gift
in the form of either direct or indirectly with suspected or reasonably suspected to affect the
performance of duties and authority (Article 4 paragraph (2) and Article 7 paragraph (2) letter
a CPC Regulation No. 2 Years 2007).

=============

Illustration By Timur Abimanyu, SH.MH.

The Indonesian nation/ state and if you want to forward, it must do manouver policy within
the framework of the Corruption Eradication is by doing and realizing the provision sanctions
the death penalty for perpetrators of corruption. All this has happened sentencing imbalance
between chicken thief / thieves brown fruit with the perpetrators of corruption that robs the
state money until the billions or trillions of rupiah. Clearly, in the framework of policies to
provide capital punishment for perpetrators of corruption to include with a production home
industry is the coffins provision for perpetrators of corruption and in this policy, there must be
a government official who promoted him to be put to death, if the person is convicted of
corruption. ..... can anyone dare to do such acts ....!!!! if the state and nation Indonesia wants
rich and advanced ....?????

Referency :
- Black Law Dictionary;
- Law no. 20 of 2001 concerning Amendment to Law No. 31 of 1999 on Eradication of
Corruption;
- Regulation No. CPC. 2 Year 2007 on the State Audit Code of the Republic of Indonesia;
- Wikipedia Indonesia.
http://www.yahoo.com
http://id.Wikipedia.org
http://www.detik.com
http://www.gresnews.com
http://www.detikNews.com
http://www.Vivanews.com
http://www.witness-pioneer.org
http://www.InfoMediaIlmiah.com
http://www.Antara.com
http://www.blogekonomisyariah.com
http://www.hukumonline.com
http://www.mediaindonesia.com.
http://www.CNNMoney.com
http://www.google.com
http://www.washingtonpost.com