Recognizing Gratification According to the Corruption Crime Act

 

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By:

Mahmud Kusuma, S.H., M.H.

(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Mengenal Taufiequrachman Ruki, Ketua KPK Pertama", "Fraudulent Acts By Contractors In Corruption Crimes", "Giving or Promising Something to a Judge in the Corruption Crime Act", "The Crime of Giving Gifts or Promises to Civil Servants" you may read also "Concerning Attempts, Assistance or Evil Conspiracy to Commit Corruption Crimes" and on this occasion we will discuss about 'Recognizing Gratification According to the Corruption Crime Act'.

Corruption Crime Eradication Law No. 31 of 1999 Jo. Law Number 20 of 2001 introduces an act known as gratification, as regulated in Article 12 B. In the explanation of Article 12B paragraph (1) it is stated that the definition of gratification is a 'gift' in a broad sense, including giving money, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, tours, free medical treatment, and other facilities.[1]

Gratification is only addressed to civil servants or state administrators as recipients of a gift. The gift will be considered as a 'bribe' if it can be proven that it was given in connection with his position which is contrary to his obligations or duties. The criminal nature of gratification will be removed by reporting the receipt of gratification by civil servants or state administrators to the Corruption Eradication Commission.[2]

Plato (427 BC – 347 BC) gives the idea of ​​gratification as follows:[3]

"Servants of the nation must render their service without receiving gifts. Those who disobey, if proven guilty, must be killed without ceremony".

In principle, gratification is an ordinary gift from someone to a civil servant or state administrator. In practice, gifts like this are often used as a mode of 'fostering' good relations with officials so that if someone is involved in a problem that falls under the authority of that official, that person's interests are protected because he is already on good terms with that official.[4] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Tokopedia Care Tower, 17th Floor, Unit 2&5,

Outer West Ring Road, 101, Rawa Buaya,

Cengkareng Sub District, West Jakarta City,

Jakarta - Indonesia.

E-mail: mahmudkusuma6@gmail.com

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References:

1. "Buku Pendidikan Anti Korupsi Untuk Perguruan Tinggi 2017 Bagian 3", akperrsdustira.ac.id., Diakses pada tanggal 11 Desember 2022, http://akperrsdustira.ac.id/wp-content/uploads/2017/07/Buku-Pendidikan-Anti-Korupsi-untuk-Perguruan-Tinggi-2017-bagian-3.pdf

2. Ibid.

3. Ibid.

4. Ibid.