What is Gratification?

What is meant by gratification?
The definition of gratification can be seen in the explanation of Article 12 B Paragraph (1) of Law no. 20 of 2001, namely: "What is meant by" 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 tours, medical treatment. free, and other facilities. The gratuities are received both domestically and abroad and are made using electronic means or without electronic means. "

Not all gratuities are against the law, but only gratuities 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 contrary to his / her obligations or duties, with the following provisions. … ”. However, this provision does not apply if the recipient reports the gratuity they receive to the KPK or the Gratification Management Unit of the Ministry of Industry no later than 30 (thirty) working days from the date the gratuity is received.

One of the generally accepted habits in society is giving a token of gratitude for services provided by officers, either in the form of goods or even money. This can become a habit that is negative in nature and can lead to potential corruption in the future. This potential for corruption is what the law is trying to prevent.

Therefore, regardless of the value of gratification you receive, if the gift is reasonably suspected to be related to the position / authority you have, it should be immediately reported to the Gratification Management Unit of the Ministry of Industry for further analysis.

If I receive gratuities, what should I do?

If you can identify that the motive for the gift was illegal gratification, the best thing you can do is to reject the gratification in kind, so as not to offend the giver as much as possible.

If you are forced to accept, for example, the gift has already been delivered through the person closest to you (husband, wife, children, etc.) or there is a bad feeling because it can offend the giver, then it is better if this is immediately reported 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?

• Providing travel tickets to officials or their families for personal purposes free of charge.
• Giving gifts or parcels to officials during religious holidays by associates or subordinates.
• Gifts or donations at the time of a child's marriage from an official by a partner in the official's office.
• Giving special discounts for officials to purchase goods from partners.
• Giving fees or expenses for going to Hajj from partners to officials.
• Giving gifts of birthdays or other private events from partners.
• Giving gifts or souvenirs to officials during work visits
• Giving gifts or money as thanks for being helped.

Is Acceptance of Honor as a Resource Person Included in Prohibited Gratuities?

In carrying out the duties of a state administrator / civil servant, he often gets the assignment of a speaker to explain something, and usually a speaker to explain something, and usually gets a certain amount of money from the committee.

If the receipt of the honorarium is not prohibited in the Code of Ethics or internal agency regulations from state administrators / civil servants then it is not a gratification as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001.

Contribution by State Owned Enterprises (BUMN) in Special Events

BUMN provide a number of donations / grants to the surrounding community including the Police, Attorney General's Office, TNI, and other government agencies, at certain events such as the Anniversary of the Police and the Attorney General's Office.

Is the provision of such donations included in the concept of prohibited gratification?

Yes, for gifts to the Police, Attorney General's Office, TNI and other government agencies. Giving to the surrounding community does not include gratification as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001.

Giving Donations / Wedding Gifts

Is giving wedding donations to state officials / civil servants who marry off their children including the concept of prohibited gratification? Yes, if this gift contains the vested interest of the party giving the role and duties and obligations of state administrators / civil servants as recipients of gratuities.

What should be considered in this matter? For gifts that cannot be avoided / rejected in an event that is customary or customary, such as a wedding ceremony, death, birthday or handover of office, the person concerned must report online to the Gratification Management Unit of the Ministry of Industry no later than 30 working days from receipt. the gratuity.

In reporting marriage gratuities, supporting data / documents must be prepared as follows:
1. List of invitation plans;
2. Sample invitation;
3. List of guests present / guest book;
4. Complete list of donations per invitation;
5. List of gifts in the form of wreaths and other in-kind.

For gratuity complaints online, please click here