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KPK Issue The Circulars Letter About The Guideline & Limit On Gratuities

Friday, Apr 21 2017 | 4228 kali dilihat

JAKARTA - In order to realise the control of gratuities and increased compliance with the reporting of gratuities, Corruption Eradication Commission (KPK) of the Republic of Indonesia issued a circular letter number: B.1341/01-13/03/2017, 15 March 2017 about guidelines and limits of gratuity and employees of the State.

The circular letter addressed to the Chairman of the Constitutional Court RI, the Supreme Court RI, Chairman of MPR RI/PARLIAMENT/DPD RI, head of State agencies/Commission of MPR RI/DPR-RI/DPD RI, CThe Leadership Of The State Agencies/Commission State Of RI, Attorney General of the Republic of Indonesia, TNI Commander, Chief of Police, Ministers of Work Cabinet, Head of Non-Ministries Government Institution, Governor/Regent/Mayor, Head of Provincial / Regency / City DPRD, Head of Non-Structural Institution and Board of Directors of BUMN/BUMD in Indonesia.

As for the content of the circular: First, on the basis of Act No. 31 of 1999 regarding the eradication of criminal acts of Corruption as amended by Act No. 20 of 2001 about a change in the law number 31 of 1999 regarding the eradication of criminal acts of Corruption, the acceptance of gratuities by civil servants/organizer of the State related to the position and the opposite obligation/duty imposed criminal sanctions in the form of imprisonment for life or to imprisonment for 4 years and the shortest longest-20 years, and criminal fines of at least Rp. 200.000.000.00 (two hundred million rupiahs) and Rp 1.000.000.000 (one billion dollars).

Second, the notion of civil servants referred to in the legislation include; Civil servants as stipulated in the Employment legislation currently applies, i.e. Act No. 5 by 2014 about Civil State Apparatus (ASN). Employees ASN is a civil servant and Government employees with the work agreement namely; Civil servants referred to in the book of the law of criminal law are those who receive salaries from the finances of the State/Region, those who receive salary from a corporation that receives financial assistance from countries/areas include employees of BUMD/BUMN, people who receive salaries from other corporations that use capital or the facilities of the State or society.

Understanding the State Organizer is the ACT of eradication of criminal acts of Corruption is the State officials who run the functions of the Executive, legislative or judiciary and officials of other functions and duties related to the conduct of the country substantially in accordance with the provisions of the applicable legislation.

Third, civil service/state Organisers refuse mandatory gratuities related to Office and contrary to duty or duty has given directly.

In terms of civil servants cannot be refused the granting of gratuities because certain conditions such as, gratuities not accepted directly, causing the giver, recipient gratification feel free with qualifying and the existence of certain conditions that might not deny, as it can lead to damage to good relations institutions, endangering yourself/career receiver/other threats exist.

In order to avoid criminal threats, then compulsory civil servants reported to KPK at least 30 working days from the date of receipt of gratuities control unit or by the Agency no later than 7 working days which is then forwarded to the KPK.

Fourth, there is a form of acceptance of gratuities that are not mandatory are reported or exclusion of them; The grant because there are families all have no interests, gifts in the form of money/stuff that has value in organizing weddings, the birth of Aqiqah, Baptist, khitan, another traditional ceremony with a limit value per giver in every event at most Rp. 1.000.000.00 (one million rupiahs).

Granting of related natural disasters or catastrophes, the granting of a fellow officer in order to prepare for separation, retirement, birthday and Office of promotion which is not in the form of money, the granting of a fellow co-worker, dishes or specialities are generally accepted, the achievements of the academic or non-academic followed by using its own costs, profit or interest from investment funds, placement or private share ownership generally accepted the acceptance of gifts or benefits, either in the form of money or goods that have to do with the increased work achievement given the Government in accordance with the regulations.

Fifth, against granting of gratuities in the form of either a cash honorarium/equivalent of money as a compensation for the execution of duties as speaker, speaker, consultant and other similar functions are based on the official designation may be accepted by civil servants all along there is no double financing and do not conflict with the rules applicable to militate.

Sixth, against receipt of gratuities in the form of goods that are easily rotten or damaged in limitation of reasonableness, can be transmitted directly to orphanages, nursing homes, or parties who need it and reported to each of the agencies accompanied description price estimates and documentation delivery and reported to KPK.

Seventh, against the recommended gratuity for managed instances then it can do some things; Display goods placed as instances, used for operational agencies, distributed to parties in need, among others, orphanages, nursing homes or other social assistance, and can be delivered to employees who receive gratuities to be functioned as supporting performance.

Eighth, the success of control programs gratuities can be measured through the availability of the functions of the control unit or gratuities, regulatory implementation and internal gratification control, effective among others in the form of obedience to the rules of the gratuities, the implementation of the activities of socialization and dissemination of anti-corruption messages continuously positive impact to society/stakeholders.

Ninth, more information about the reporting mechanism and gratuity upon receipt of gratuities can be accessed/downloaded via www.kpk.go.id/gratifikasi, gol.kpk.go.id, pelaporan.gratifikasi@kpk.go.id and free application 2 go through the App Store and Google Play by entering the keywords "Gratuities KPK" Directorate Gratuities or contact telephone number (021) 255-78440/255-78448/ 0855-88-45678. (MC Riau/Zak)

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