Bribery is the offering, promising, giving, soliciting or accepting of an undue advantage in order to influence how a person, especially a public official, performs their duties. Indonesian anti-corruption law adds the broader concept of gratification (gratifikasi).
Gratification in Indonesian Law
Law No. 31 of 1999 on the Eradication of Corruption, as amended by Law No. 20 of 2001, defines gratification broadly as any gift, including money, goods, discounts, commissions, interest-free loans, travel tickets, accommodation, tourist trips and free medical treatment. Under Article 12B, gratification received by a civil servant or state official is deemed to be a bribe if it relates to their office and is contrary to their duties.
The Reporting Safe Harbour
Article 12C provides that Article 12B does not apply if the recipient reports the gratification to the Corruption Eradication Commission (KPK) within thirty working days of receiving it. The KPK then decides whether the gift becomes the property of the recipient or of the state.
Active and Passive Bribery
The law punishes both the giver (active bribery) and the official who receives or accepts a promise (passive bribery). Corporations may also be held criminally liable.
International Standards
The United Nations Convention against Corruption, ratified by Indonesia through Law No. 7 of 2006, requires states to criminalise bribery of national and foreign public officials. In the United Kingdom, the Bribery Act 2010 creates offences of bribing, being bribed and bribing a foreign official, together with a corporate offence of failing to prevent bribery, subject to a defence of adequate procedures.