HumasUPNVJ (30/05/18) - What is gratuity? Reporting from www.kpk.go.id The definition of Gratification according to the elucidation of Article 12B of Law Number 20 of 2001 is giving in a broad sense, which includes giving money, goods, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, travel, free medical treatment, and other facilities. These gratuities are received both domestically and abroad and which are carried out using electronic means or without electronic means.

The definition above shows that gratification actually means giving that is neutral. A gift becomes gratuity which is considered a bribe if it is related to the position and conflicts with the obligations or duties of the recipient.

The following are the articles that regulate gratuity in Law Number 20 of 2001:

Article 12B paragraph (1) of Law Number 20 of 2001, reads: Every gratuity to a civil servant or state administrator is considered a bribe, if it relates to his position and is contrary to his obligations or duties,

Article 12C paragraph (1) of Law Number 20 of 2001, reads: The provisions referred to in Article 12B Paragraph (1) do not apply, if the recipient reports the gratuity he has received to the KPK

What are the sanctions given to the perpetrators of this Gratification? let's see,

Article 12B paragraph (2) of Law Number 20 of 2001 reads: Life imprisonment or imprisonment for a minimum of 4 years and a maximum of 20 years and a fine of at least IDR 200 million and a maximum of IDR 1 billion.

From the sanctions written above, we hope that this will deter perpetrators and reduce Gratification in this country, yes, but in this case there are also exceptions to sanctions, as follows:

As stated in Article 12C paragraph (1) Number 20 of 2001 that the Sanctions in 12B paragraph (2) Number 20 of 2001 do not apply if the recipient reports the gratuity he has received to the Corruption Eradication Commission. And further stated in Article 12C paragraph (2) Number 20 of 2001 that the submission of the report as referred to in paragraph (1) must be carried out by the gratuity recipient no later than 30 (thirty) working days from the date the gratuity is received.

Then, Who is obliged to report? The following participants are required to report gratuities along with their explanation:

Based on Article 16 Number 30 of 2002 it is stated that every civil servant or state administrator who receives gratuities is obliged to report to the Corruption Eradication Commission.

Government employees

The definition of a Civil Servant as stated in Article 1 paragraph (2) of Law no. 31 of 1999 covers:

civil servants as referred to in the Law on Personnel;

civil servants as referred to in the Criminal Code;

People who receive salaries or wages from state or regional finances;

People who receive salaries or wages from a corporation that receives assistance from state or regional finance;

People who receive salaries or wages from other corporations that use capital or facilities from the state or society.

State Officials

The definition of state administrators as referred to in Article 1 number (1) of Law Number 28 of 1999 is State Officials who carry out executive, legislative or judicial functions, and other officials whose main functions and duties are related to the administration of the state in accordance with the provisions of the applicable laws and regulations

Article 2 of Law Number 28 of 1999 and its explanation outlines the qualifications of State Administrators, which include:

State Officials at the Highest State Institutions. Currently, based on the 4th Amendment to the 1945 Constitution, the term Supreme State Institution is no longer recognized. The institutions referred to here are the People's Consultative Assembly;

State Officials at State High Institutions;

Minister;

Governor;

Judge;

Other state officials in accordance with the provisions of the applicable laws and regulations, for example the Head of the Indonesian Mission Abroad who has the position of Ambassador Extraordinary and has full authority, Deputy Governor and Regent/Mayor; And

Other officials who have strategic functions in relation to state administrators in accordance with the provisions of the applicable laws and regulations include:

Directors, Commissioners and other structural officials in State-Owned Enterprises and Regional-Owned Enterprises;

Leaders of Bank Indonesia and Heads of the Indonesian Bank Restructuring Agency;

Leaders of State Universities;

Echelon I officials and other officials who are equal in the civil, military and Indonesian National Police;

Prosecutor;

investigator;

Clerk of court; And

Project leader and treasurer. In the current context, Commitment Making Officers, Procurement Committees, Goods Recipient Committees are included in the qualifications of State Administrators

Elucidation of Article 11 letter (a) of Law Number 30 of 2002 adds other positions that qualify as State Administrators, namely: Member of the Regional People's Legislative Assembly.

Article 122 Law Number 5 of 2014 concerning State Civil Apparatus that other State Officials who also include qualifications as State Administrators are:

President and vice president;

Chairman, deputy chairman, and members of the People's Consultative Assembly;

Chairperson, deputy chairperson and members of the People's Representative Council; Chairperson, deputy chairman and members of the Regional Representatives Council;

Chairperson, vice chairman, junior chairman and chief justice at the Supreme Court as well as chairperson, vice chairman and judges at all judicial bodies except ad hoc judges;

Chairman, vice chairman, and members of the Constitutional Court;

Chairman, deputy chairman, and members of the Audit Board of the Republic of Indonesia;

Chairman, deputy chairman, and members of the Judicial Commission;

Chairman and deputy chairman of the Corruption Eradication Commission;

Minister and ministerial-level positions;

Head of representative of the Republic of Indonesia abroad who has the position of Ambassador Extraordinary and Plenipotentiary;

governor and deputy governor; Regent/mayor and deputy regent/deputy mayor; and other state officials determined by law.

You can see further information on the www.kpk.go.id page