What is gratification?
The definition of gratification can be seen in the Elucidation of Article 12 B Paragraph (1) of Law no. 20 of 2001, namely: "Gratification" in this paragraph is a gift in a broad sense, which includes the provision of money, goods, rebates (discounts), commissions, interest-free loans, travel tickets, lodging facilities, travel arrangements, medical treatment. Free of charge, and other facilities. The gratuities are received domestically and abroad and carried out using electronic means or without electronic means.”
Not all gratifications are against the law, but only gratifications that meet the criteria in Article 12 B, namely: "Every gratuity to a civil servant or state administrator is considered a bribe, if it is related to his position and is contrary to his obligations or duties, with the following provisions: …”. However, this provision does not apply if the recipient reports the gratuity to the KPK or the Gratification Management Unit of the Ministry of Industry no later than 30 (thirty) working days from the date the gratification is received.
One of the generally accepted customs in society is the giving of thanks for the services rendered by the officers, either in the form of goods or even money. This can become a negative habit and can lead to potential acts of corruption in the future. This potential for corruption is what the law is trying to prevent.
Therefore, regardless of the value of the gratuity you receive, if the gift is reasonably suspected to be related to the position/authority, it is best to immediately report it to the Gratification Management Unit of the Ministry of Industry for further analysis.
If I receive a gratuity, what should I do?
If you can identify that the motive for the gift is illegal gratuities, the best thing you can do is to refuse the gratuity in a polite manner, so as not to offend the giver as much as possible.
If you are forced to accept, for example, the gift already conveyed through your closest person (husband, wife, children, etc.), there is a bad feeling because it may offend the giver. It is best to immediately report this to the Gratification Management Unit of the Ministry of Industry online. By clicking on the words "Report Form."
What are Examples of Prohibited Gratification Cases?
- Giving travel tickets to officials or their families for personal use free of charge.
- Giving gifts or parcels to officials during religious holidays by partners or subordinates.
- Gifts or donations at the time of child marriage from officials by partners of the official's office.
- Provision of special discounts for officials for purchasing goods from partners.
- Provision of fees or costs for the pilgrimage from partners to officials.
- Giving birthday gifts or at other private events from partners.
- Giving gifts or souvenirs to officials during work visits
- Giving gifts or money as a thank you for being helped.
Is Acceptance of Honor as a Resource Person Included in the Prohibited Gratification?
In carrying out their duties, a state administrator/civil servant is often assigned the task of being a speaker to explain something, and usually being a speaker to explain something, and generally getting an honorarium of some money from the committee.
If the receipt of the honorarium is not prohibited in the Code of Ethics or the internal regulations of state administrators/civil servants, then it is not gratification as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001.
Donations by State-Owned Enterprises (BUMN) in Special Events
SOEs provide some donations/grants to the surrounding community, including the Police, the Prosecutor's Office, the TNI, and other Government Agencies, at certain events such as the Anniversary of the Police and the Attorney General's Office.
Is the giving of such donations included in the concept of prohibited gratuities?
Yes, for giving to the Police, Prosecutors, TNI, and other government agencies. Giving to the surrounding community does not include gratuities as regulated in Law Number 31 of 1999 and Law Number 20 of 2001.
Does giving marriage donations to state officials/civil servants who marry off their children include the prohibited concept of gratification? Yes, if the grant contains a vested interest from the giver related to the position and duties and obligations of state administrators/civil servants as recipients of gratuities.
What to pay attention to in this matter? For gifts that cannot be avoided/rejected if is customary or customary, such as a wedding ceremony, death, birthday, or handover of office, the person concerned must report to the Gratification Management Unit of the Ministry of Industry online no later than 30 working days from receipt the gratuity.
In reporting marriage gratification, the following supporting data/documents should be prepared:
1. List of invitation plans;
2. Sample invitations;
3. Attending guest list/guest book;
4. Complete details of the list of donations per invitation;
5. List of gifts in the form of bouquets and other kind.