Beware, State Officials Receiving Or Requesting THR Can Be Criminalized

JAKARTA - The Corruption Eradication Commission (KPK) issued Circular Letter Number 14 of 2020. This circular contains Gratification Control in the context of Idul Fitri 1441 Hijriah.

In the letter, civil servants or state officials did not ask for funds or gifts from other parties as a form of holiday allowance (THR). The KPK also reminded the acceptance of gratuities by civil servants or state officials. Because it can have implications for criminal acts of corruption.

"Because these actions can create conflicts of interest, violate regulations or code of ethics, and have the risk of criminal sanctions," said Acting KPK spokesman Ipi Maryati in a written statement, Thursday, May 14.

He explained that this circular also recommends three things related to gratification control. First, every leader of a ministry / institution, government, BUMN, and BUMD is required to prohibit the use of official facilities for personal interests outside of work.

Second, each agency leader as previously mentioned gives an appeal to employees in his / her environment to refuse gratuities related to their position and contrary to their obligations or duties.

"As well as issuing an open circular addressed to stakeholders so as not to give gratuities in any form to civil servants or state officials in their environment," said Ipi.

Finally, every leader of an association or company is obliged to instruct their employees not to give gratuities, facilitation payments, or bribes of any kind to civil servants or state officials who are related to their position and contrary to their obligations or duties.

So, if they are forced to accept something that is classified as gratification related to their position and contrary to their obligations or duties, because they feel reluctant to refuse, then state officials or civil servants can report it to the KPK.

The anti-graft institution gives 30 working days from the time the gratuity is received. If you have reported, the criminal threat for civil servants or state officials will be null and void.

"On the other hand, if you do not report to the KPK and are proven to have accepted the criminal sanctions as stated in Article 12B of Law No. 20 of 2001 on Corruption Eradication, can be applied," said Ipi.

Meanwhile, the receipt of gratuities in the form of perishable or expired food can be distributed as social assistance to those who are more in need.

However, before distributing it, state officials or civil servants still have to report it directly to the KPK or through the UPG in their respective agencies by attaching the submission documentation.

Ipi assessed that there was no longer any reason for state officials not to report the gratuities they received. This is because reporting can now be carried out through the Online Gratification (GOL) application which can be downloaded from the Appstore and Playstore.

Online reporting can also be carried out via the https://gol.kpk.go.id link or send an electronic mail to the address reporting.gratifikasi@kpk.go.id.