Anti Suap dan Korupsi

ABAC

/ Litigasi / By
LEGAL BASIS

  1. LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 1980 ABOUT FINANCIAL/ADMINISTRATIVE SUAPHAK CRIMINAL OFFENSES OF LEADERS AND MEMBERS OF THE HIGHEST/HIGHEST STATE INSTITUTIONS AND FORMER MEMBERS OF HIGH STATE INSTITUTIONS AND FORMER LEADERS OF THE HIGHEST/ HIGHEST STATE INSTITUTIONS AND FORMER MEMBERS OF HIGH STATE INSTITUTIONS AND FORMER MEMBERS OF HIGH STATE INSTITUTIONS CRIMINAL OFFENSE OF BRIBERY OF FINANCIAL/ADMINISTRATIVE RIGHTS OF LEADERS AND

  2. LAW OF THE REPUBLIC OF INDONESIA NUMBER 20 OF 2001 ABOUT AMENDMENT TO LAW NUMBER 31 OF 1999 CONCERNING THE ERADICATION OF CORRUPTION

  3. LAW OF THE REPUBLIC OF INDONESIA NUMBER 30 OF 2002 CONCERNING THE COMMISSION FOR THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION

What is Bribery and Corruption?

a. Bribery;

  • Whoever gives or promises something to a person with the intent to induce the person to do something or not to do something in his/her duty, contrary to his/her authority or obligation concerning the public interest;
  • Whoever accepts a gift or promise, knowing or reasonably suspecting that the gift or promise is intended to induce him to do or omit something in his duty, contrary to his authority or obligation concerning the public interest.

    • b. Corruption;

  • Acts of financial loss to the state, bribery, embezzlement, extortion, fraudulent acts, establishment of interests in procurement matters, and gratuities. </

    • Bribery and Corruption in Indonesia

    It cannot be denied that the problem of bribery and corruption is one that is very difficult and complicated to deal with. Corruption seems to be a plague that comes and then slowly eats away and destroys a country's economy.

    It is also inevitable that the consequences of this act have resulted in many losses for the country in various ways. For this reason, in order to combat corruption, almost every country has established a certain special institution that is tasked with cleaning up corruption. In Indonesia, the institutions delegated with the authority to eradicate corruption are not only the police and prosecutors, but also the Corruption Eradication Commission (KPK).
    Meanwhile, the types of corruption offenses can be grouped into:

    1. State financial losses
    2. Bribery
    3. Emblezzment in office
    4. State financial losses
    5. Extortion
    6. Fradulent act
    7. Conflict of interest in procurement
    8. Gratification (Coruption Eradication Comission, 2016 : 16 - 17)
    According to Presidential Instruction No. 9 and 17 of 2011 concerning Action for the Prevention and Eradication of Criminal Acts 2012, that there are 10 areas that are prone to corruption, namely:
    1. Procurement of government goods/services
    2. Finance and Banking
    3. Taxation
    4. Oil, Gas dan Natural Gas
    5. BUMN and BUMD
    6. Customs and Excise
    7. State and Regional Assets
    8. State Budget and Regional Budget Management
    9. Mining
    10. Public Service
    In order to realize a bribery-free bureaucratic reform system, the President issued Presidential Instruction No. 10/2016 on Action for the Prevention and Eradication of Corruption in 2016, one of whose provisions tasked the National Standardization Agency (BSN) to initiate efforts to establish an international standardized international standard, namely the International Organization for Standardization (ISO) 37001.
    The Anti-Bribery Management System was first issued by the international organization for standardization or better known as ISO. The purpose of implementing the standard is to help an organization, both public and private, to implement effective measures to prevent and control collusive practices, to instill a culture of honesty, transparency and integrity.
    Although in its application ISO 37001 cannot guarantee that corruption will not occur, it is hoped that its implementation can help an organization reduce the potential for corruption. However, after being implemented for several years, there is still no empirical and measurable evidence showing that the implementation of ISO 37001: 2016 provides quality corruption prevention by comparing before and after the implementation of the standard.

    Baca Juga : Cara Mengurus HAKI dengan Cepat dan Mudah: Trik Ahli Hukum

    SOURCE:

    Jurnal JUPISI, “PERBANDINGAN LEMBAGA ANTI KORUPSI DI INDONESIA, SINGAPURA DAN HONGKONG".

    Abdullah, Junaidi, “TUGAS DAN WEWENANG LEMBAGA-LEMBAGA PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA”.

    Andang Ardhiantoro, Yustisia, “Penguatan Budaya Penegakan Hukum Pada Penerapan ISO 37001 Untuk Meningkatkan Pelayanan Publik”.
    Scroll to Top