Anti korupsi KPK

3. Law No.30/2002 as amended by Law No.19/2019 (Article 6)
NON-COMMERCIAL USE
•conduct corruption prevention activities;
•coordinate with institutions authorized to combat acts of
corruption and agencies in charge of delivering public
services;
•monitor the administration of state governance;
•supervision of agencies authorized to carry out Corruption
Eradication;
•conduct preliminary investigations, investigations and
prosecutions against acts of corruption; and
•execution to implement judges' orders and court decisions
that have permanent legal force.
The Corruption Eradication Commission has the duty to:

4. KPK’s 3 PRONGED
Enforcement Prevention
Public
Involvement

5. Seven types of corruption crimes according to Indonesia's
anti-corruption law:
7

6. Corruption cases handled by the KPK
• Based on the type of profession or position (2004 – 2019)
297
from private sector

7. Types of corruption cases (2004-2019)
Bribery & Illegal
gratification
6 8 3 C a s e s
Procurement
2 0 6 C a s e s
66%
20%
Misuse of government budget
Money laundering
Illegal fees
Licensing
Obstruction of justice
5%
3%
3%
2%
1%
48 Cases
36 Cases
26 Cases
23 Cases
10 Cases

9. Video
Perbedaan gratifikasi, suap dan pemerasan
Sub - english

10. Article 1
Referred to in this law as:
1. A corporation shall be an organized group of persons and/or assets both as legal
entities as well as non-legal entities.
2. Civil Servants shall comprise:
a. Civil servants as referred to in the Law Regarding Employment;
b. Civil servants as referred to in the Criminal Code;
c. Persons receiving salaries or wages from the state or regional treasury;
d. Persons receiving salaries or wages from a corporation receiving assistance from
state or regional treasury;
e. Persons receiving salaries or wages from other corporations using capital or
facilities of the state or the public.
3. Every person shall be considered an individual or a member of a corporation.
Law No.31/1999 jo. Law No.20 /2001

11. Article related to bribery

12. Article 5
(1) Any person(s) who:
a. gives or promises something to a civil servant or state apparatus with the aim of
persuading him/her to perform an action or not to perform an action because of
his/her position in violation of his/her obligation; or
b. gives something to a civil servant or state apparatus because of or in relation to
something in violation of his/her obligation whether or not it is done because of
his/her position,
shall be sentenced to a minimum of 1 (one) year’s imprisonment and a maximum of 5
(five) year’s imprisonment and/or be fined a minimum of Rp50.000.000 (fifty million
rupiahs) and a maximum of Rp250.000.000 (two hundred and fifty million rupiahs).
(2) The civil servant or state apparatus who receives a payment or promise as referred to
in paragraph (1) letter a or b shall be sentenced to the same jail term as that referred to in
paragraph (1).
Law No.31/1999 jo. Law No.20 /2001

13. Article 6
(1) Anybody that:
a. gives or promises something to a judge with the aim of influencing the decision of the
case handed down to him/her for trial; or
b. gives or promises something to an individual who according to the legislation is
appointed a lawyer to attend a trial session with the aim of influencing the advice or
views on the case referred to the court for trial,
shall be sentenced to a minimum of 3 (three) years imprisonment an a maximum of 15
(fifteen) years imprisonment an be fined a minimum of Rp150.000.000 (one hundred and
fifty million rupiahs) an a maximum of Rp750.000.000 (seven hundred and fifty million
rupiahs).
(2) the judge receiving the payment or promise as referred to in paragraph (1) letter a or
the lawyer receiving the payment or promise as referred to in paragraph (1) letter b, shall
be sentenced to the same jail term as that referred to in paragraph (1).
Law No.31/1999 jo. Law No.20 /2001

14. Article 11
A civil servant or state apparatus who receives a payment or a promise believed to
have been given because of the power or authority related to his/her position or
prize or promise which according to the contributor still has something to do with
his/her position, shall be sentenced to a minimum of 1 (one) year’s imprisonment
and a maximum of 5 (five) year’s imprisonment and be fined a minimum of
Rp50.000.000 (fifty million rupiahs) and maximum of Rp250.000.000.000 (two
hundred and fifty million rupiahs).
Law No.31/1999 jo. Law No.20 /2001

15. Article 12
a. A civil servant or state apparatus who receives a payment or a promise believed to have
been given to encourage him/her to do something or not to do anything because of
his/her position in violation of his/her obligation;
b. A civil servant or state apparatus who receive a payment believe to have been given due
to the fact that he/she has done something or has not done something in relation to
his/her position in violation of his/her obligation;
c. A judge that receives a payment or a promise believed to have been given to influence
the verdict of the case handed down to him/her for trial;
d. An individual who according to the legislation is appointed a lawyer to attend a trial
session, then receives payment or promise believed to have been given to influence the
advice or view on the case referred to the court for trial;
shall be sentenced to life imprisonment or a minimum of 4 (four) year’s imprisonment and a
maximum of 20 (twenty) year’s imprisonment and be fined minimum of Rp200.000.000 (two
hundred million rupiahs) and a maximum of Rp1.000.000.000 (one billion rupiahs).
Law No.31/1999 jo. Law No.20 /2001

16. Article 13
Any person rendering gifts or promises to civil servants in view of the powers and
authority attached to their respective ranks or positions, or deemed by the person
rendering such gifts or promises to be attached to the aforementioned rank or
position, shall be liable to a prison term not exceeding 3 (three) years and/or a fine
not exceeding Rp 150,000,000 (one hundred and fifty million rupiah).
Law No.31/1999 jo. Law No.20 /2001

17. Article related to illegal gratuity

18. Article 12B
(1) Any gratification for a civil servant or state apparatus shall be considered as a bribe
when it has something to do with his/her position and is against his/her obligation or
task, with the provision that
a. when the gratification amounts to Rp10.000.000 (ten million rupiahs) or more, it
is the recipient of the gratification who shall prove that the gratification is not a
bribe;
b. when the gratification amounts to less than Rp10.000.000 (ten million rupiahs),
it is the public prosecutor who shall prove that the gratification is a bribe.
(2) A civil servant or state apparatus who is found guilty of the criminal offense as
referred to in paragraph (1) shall be sentenced to life imprisonment or a minimum of
4 (four) year’s imprisonment and a maximum of 20 (twenty) year’s imprisonment
and be fined a minimum of Rp200.000.000 (two hundred million rupiahs) and a
maximum of Rp1.000.000.000 (one billion rupiahs).
Law No.31/1999 jo. Law No.20 /2001

19. Article 12C
(1) The provisions as referred to in Article 12B paragraph (1) shall not be valid if the
recipient reports the gratification to the Corruption Eradication Commission.
(2) The recipient of gratification shall convey the report as referred to in paragraph (1)
no later than 30 (thirty) working days after the gratification has been received.
(3) The Corruption Eradication Commission within a period of 30 (thirty) working days at
the latest after the receipt date of the report shall decide whether the gratification
belongs to the recipient or the state.
(4) The procedures for conveying the report as referred to in paragraph (2) and for
determining, the status of the gratification as referred to in paragraph (3) shall be
laid down in Law on the Corruption Eradication Commission.
Law No.31/1999 jo. Law No.20 /2001

20. Video gratifikasi yang wajib ditolak sub
english

21. Article related to extortion

22. Article 12
e. A civil servant or state apparatus who intentionally benefits himself/herself or other people in
violation of law, or by abusing his/her power forces a person to give something, pay, or receive
discounted payment, or to do something for himself/herself;
f. A civil servant or state who, at the time of performing task, asks, receives or cuts payment from other
civil servant or state apparatus or from the general treasurer as if the other civil servant or state
apparatus or the general treasurer owed him/her;
g. A civil servant or state apparatus who, at the time of performing task, asks or receives job or goods
from other party as if the latter owed him/her;
h. A civil servant or state apparatus who, at the time of performing task, uses state land for which the
right to use land has been issued, as if based on the law it has harmed the people entitled to it, while
in fact the action violates the law;
i. A civil servant or state apparatus who directly or indirectly takes part in a contract work,
procurement, or lease, in which at the time the activities is carried out he/she is assigned to arrange
or supervise it wholly or partially,
shall be sentenced to life imprisonment or a minimum of 4 (four) year’s imprisonment and a maximum of
20 (twenty) year’s imprisonment and be fined minimum of Rp200.000.000 (two hundred million rupiahs)
and a maximum of Rp1.000.000.000 (one billion rupiahs).
Law No.31/1999 jo. Law No.20 /2001

23. Article related to state financial
losses

24. Article 2
(1) Anyone unlawfully enriching himself and/or other persons or a corporation in such a
way as to be detrimental to the finances of the state or the economy of the state
shall be liable to life in prison, or a prison term of not less than 4 (four) years and not
exceeding 20 (twenty) years and a fine of not less than Rp 200,000,000 (two hundred
million rupiah) and not exceeding Rp 1,000,000,000 (one billion rupiah).
(2) In the event that corruption as referred to in paragraph (1) is committed under
certain circumstances, capital punishment may be applied.
Explanation:
What is meant by "certain conditions" in this provision is meant as a deterrent to the
perpetrator of the criminal act of corruption if the crime is committed when the state is in
a state of danger in accordance with the prevailing law, at the time of a national natural
disaster, as a repetition of the criminal act of corruption or when the country is in a state
of economic and monetary crisis.
Law No.31/1999 jo. Law No.20 /2001

25. Article 3
Anyone with the intention of enriching himself or other persons or a corporation,
abusing the authority, the facilities or other means at their disposal due to rank or
position in such a way that is detrimental to the finances of the state or the economy
of the state, shall be liable to life imprisonment or a prison term of not less than 1
(one) year and not exceeding 20 (twenty) years and/or a fine of not less than Rp
50,000,000 (fifty million rupiah) and not exceeding Rp 1,000,000,000 (one billion
rupiah).
Law No.31/1999 jo. Law No.20 /2001

26. Corporate criminal liability

27. Video pengelolaan hadiah di sector swasta
sub english

28. Article 20 of Anti-Corruption Law
1) In the event that corruption is committed by or on behalf a corporation, the charges and the
sentence can be instituted against and imposed on the corporation and/or its board of directors;
2) Corruption is taken to be committed by a corporation if the conduct committed by individuals who
are, based on working or other kind relationship, conducts within the scope of business
corporation, both personally and collectively;
3) In the event that a corporation is prosecuted, the aforementioned corporation shall be
represented by its board of director;
4) The board of directors representing the corporation as referred in paragraph (3) may be
represented by other persons;
5) The judge may order that the board directors of a corporation appear before the court themselves
and may also order that the board of directors be escorted to the court hearings;
6) In the event that criminal charges are brought against a corporation, the summons to appear
before the court and the dispatch of such summons shall be addressed to the residence of the
board of directors or their office;
7) The main sentence against a corporation shall only be in the form of fines providing that the
maximum punishment is increased by one-thirds

29. PERMA 13/2016
Corporation
A corporation shall be an organized group of persons and / or
assets both as legal entities as well as non-legal entities.
(Anti-Money Laundering Law & Anti-Corruption Law)
A criminal act committed by a corporation is a criminal act
committed by a person who has a working relationship or
other relationship, either individually or collectively, acting
for and on behalf of the corporation inside or outside the
corporate environment. (Article 3 of Supreme Court
Regulation No.13 / 2016)
Corporate Crime

30. Article 4 paragraph 2 Perma 13/2016:
Corporations can be penalized if:
- Obtaining an advantage or benefit from the crime or the crime is
committed for the benefit of the Corporation
- Allowing criminal acts to occur;
- Do not perform the necessary steps to:
take precautions; prevent a bigger impact; or ensure compliance with
applicable legal provisions in order to avoid criminal acts.

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