KPK Issues Circular On Prevention Of Corruption Through Gratification Control In The Financial Services Industry

Gedung KPK (Irfan Meidianto/VOI)

JAKARTA - The Corruption Eradication Commission (KPK) has issued Circular Letter (SE) Number 19 of 2021 regarding the prevention of corruption through controlling gratuities in financial services.

Acting KPK Spokesperson for Prevention Ipi Maryati Kuding warned that financial service institutions are prohibited from giving gratuities directly or indirectly to civil servants or state administrators.

"Financial service institutions are prohibited from giving gratuities to civil servants or state administrators related to their positions and contrary to their duties or obligations, either directly or disguised in the form of marketing fees, collection fees, refunds, or other names," Ipi said in a written statement that quoted Tuesday, July 27.

According to him, the role of financial service institutions as corporate entities is required to take the necessary steps to prevent corruption.

If this is not done, then it becomes an assessment of corporate error which can have implications for corporate criminal liability as regulated in Supreme Court Regulation (PERMA) Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations.

On that occasion, Ipi also explained that the leaders of ministries, institutions including local governments and BUMN/BUMD represented by the Gratification Control Unit (UPG) have jointly committed to creating an anti-gratification culture.

One of them is by prohibiting government agency treasurers from receiving collection fees from financial service institutions. The agreement was made at the 2018 National Coordination Meeting and followed up at the Coordination Meeting in October 2020.

At that time, the Corruption Eradication Commission called for the provision of incentives to support promotional efforts, market development, and other financial service operational activities related to government agencies/BUMN/BUMD only to be given to agencies with mechanisms that comply with the laws and regulations.

"It is not given directly to individual state administrators," he said.

In addition, the KPK and the Financial Services Authority (OJK) through the Memorandum of Understanding number 48 of 2021 have collaborated in efforts to eradicate corruption in the financial services sector.

One of its activities is implementing a gratification control program by disseminating corruption prevention to financial service institutions under its supervision. If state officials or officials cannot refuse, they must report it to the KPK no later than 30 working days after the receipt is made.

"KPK hopes that state administrators and officials can become role models for the community by not requesting, giving, and receiving gratuities. Thus, it can lead to conflicts of interest, conflict with regulations, codes of ethics, and risk criminal sanctions," concluded Ipi.