This material is the Law of Corruption in Indonesia.

1. LAW OF CORRUPTION:
An Overview

2. DEFINITION
The Law of corruption can be defined as all legal rules
relating to corruption.
The purpose of this law is to prevent and to overcome
corruption problem.
It defines conducts qualified as crime of corruption and
regulates the way to combat corruption crimes.
In Indonesian context, law of corruption can be found in
several legislations.

3. LEGISLATIONS RELATING TO CORRUPTION:
Historical Development
KUHP
Peraturan Penguasa Perang Nomor
Prt/Perpu/013/1958
UU No 24/Prp/1960
UU No 3 Tahun 1971

4. Cont’
UU 28 Tahun 1999 Tentang Penyelenggaraan Negara yang
Bebas dari Korupsi, Kolusi dan Nepotism
UU Nomor 31 Tahun 1999 Tentang Pemberantasan Tindak
Pidana Korupsi
UU Nomor 20 Tahun 2001 Tentang Perubahan atas UU No 31
Tahun 1999
UU Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan
Korupsi
4

5. Cont’
UU Nomor 1 Tahun 2006 Tentang Bantuan Timbal Balik
dalam Masalah Pidana (Mutual Legal Assistance in Criminal
Matters)
UU Nomor 7 Tahun 2006 Tentang Pengesahan the UN
Convention Against Corruption 2003/UNCAC.
UU Nomor 13 Tahun 2006 Tentang Perlindungan Saksi dan
Korban
UU Nomor 46 Tahun 2009 Tentang Pengadilan Tipikor

6. CRIMES OF CORRUPTION
1) Illicit enrichment which causes financial loss of the state;
2) Bribery;
3) Embezzlement;
4) Extortion;
5) Fraud;
6) Corruption relating to procurement; and
7) Gratification.
Note:
All seven categories above have been broken down into various corruption
offences.

7. 1. ILLICIT ENRICHMENT
The basic and the most common form of corruption is illicit
enrichment.
It can be said that the essence of corruption is illicit enrichment.
There are two offences under this category as may be seen in the
following provisions:
Section 2 of the Corruption Act 1999
Section 3 of the Corruption Act 1999

8. 2. BRIBERY
Bribery is defined by Black's Law Dictionary as the offering,
giving, receiving, or soliciting of any item of value to influence
the actions of an official or other person in charge of a public or
legal duty. Bribery involves two parties; one who bribes and
another one who is bribed. Under the Indonesian law of
corruption, both are punishable.
There are twelve offences under this category as may be seen
in section 5 (1) (a); section 5 (1) (b); section 5 (2); section 6 (1)
(a); section 6 (1) (b); section 6 (2); section 11; section 12 (a);
section 12 (b); section 12 (c); section 12 (d), and section 13.

9. 3. EMBEZZLEMENT
Embezzlement is an act of dishonestly withholding assets for the
purpose of conversion (theft) of such assets, by one or more persons to
whom the assets were entrusted, either to be held or to be used for
specific purposes.
 There are five offences under this category as may be seen in the
following provisions:
Section 8;
Section 9;
Section 10 (a);
Section 10 (b); and
Section 10 (c).

10. 4. EXTORTION
Extortion (blackmail) is the practice of obtaining
something, especially money, through force or threats.
There are three offences under this category as may be
seen in the following provisions:
Section 12 (e);
Section 12 (f); and
Section 12 (g).

11. 5. FRAUD
Fraud can be defined as deliberate deception to secure unfair or
unlawful gain.
There are six offences under this category as may be seen in the
following provisions:
Section 7 (1) (a);
Section 7 (1) (b);
Section 7 (1) (c);
Section 7 (1) (d);
Section 7 (2); and
Section 12 (h)

12. 6. CORRUPTION RELATING TO PROCUREMENT
Procurement, especially of government
project, opens the opportunity of corruption.
Corruption relating to procurement is
governed in section 12 (i) of the Corruption Act
2001.

13. 7. GRATIFICATION
The latest form of corruption is the so-called
gratification. It was introduced the Corruption Act
1971 (UU 3/1971) and was highlighted in the
Corruption Act 1999 (UU 31/1999).
Under the Corruption Act 1999, gratification is
governed in section 12 B vide 12 C.

14. Corruption-Related Offences
The Corruption Act 1999 also defines some conducts as crimes.
1. Obstruction of justice (section 21);
2. Giving no information or giving wrong information (section 22 vide section 28);
3. Bank rejects to give information on the suspect’s account (section 22 vide section
29);
4. Expert gives no testimony or gives wrong testimony (section 22 vide section 35);
5. Person who keeps the official secret gives no information or gives wrong
information (22 vide 36); and
6. Witness who discloses the reporter’s identity (Section 24 vide 31).

15. The Important Issues of the Corruption Act 1999
1) Attempt and giving assistance in the crime of corruption are considered as a complete
offence. They gain no mitigation of punishment. In other words, attempt and giving
assistance are not considered as mitigating factor;
2) Corporation is subjected to criminal liability (corporate criminal liability);
3) The nature of punishments attached to the crimes of corruption are cumulative and
cumulative-alternative, beside the Act also introduce the special-minimum punishment.
4) The application of special procedures in the form of:
a) The shift of the burden of proof;
b) The seizure of the corruptor’s asset;
c) The payment of the so-called ‘uang pengganti’; and
d) the possibility to hold ‘in absentia trial’.