The Corruption Eradication Commission (KPK) reminds state officials and civil servants to reject religious holiday gratuities or other big holidays celebrations. This is contained in the KPK Circular Letter (SE) Number 6 of 2023 dated March 30, 2023 concerning Prevention of Corruption and Control of Gratification Related to Holidays. What is gratification and what are the rules?
The KPK emphasized that refusing gratuities is a step to prevent corruption for state officials. The KPK asks civil servants to reject gratuities related to positions and contrary to their obligations or duties, especially regarding the celebration of Eid Al-Fitr 2023. However, there are still many who do not know what the gratuity is in the rules.
If due to certain conditions state officials or civil servants cannot refuse gratification, then they must report it to the KPK. The report must be submitted no later than 30 working days after the gratuity is received.
The term gratification is often heard in corruption or bribery cases. As is the latest in the case of former DGT official Rafael Alun Trisambodo. Or in the case of the inactive Governor of Papua, Lukas Enembe, who was examined for bribery and gratification cases.
The term gratification is usually associated with an act of giving free of charge. In general, gratification can be interpreted as a gift in various forms related to position, occupation, or assignment.
Based on the Big Indonesian Dictionary (KBBI), gratification is a gift given because of the services or benefits obtained. On the official website of the KPK, it is explained that gratification is a gift in a broad sense. The gifts in question include: giving money, rebate goods (discounts), commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free treatment, and other facilities.
In the legislation, the meaning of gratification is stated in Law Number 20 of 2021 article 12b paragraph 1. So some gratuities are allowed and some are prohibited.
Here are some examples of gratification cases that are prohibited or not allowed, reported from the Balangankab.bn.go.id page.
Giving gifts or parcels to officials during religious holidays by their partners or subordinates
A special discount for officials to purchase goods from partners
Paying the fee or the cost of going up for Hajj from partners to officials
Giving travel tickets to officials or their families for personal needs for free
Giving gifts or souvenirs to officials during a working visit
Given a gift or money as a thank you for being helped
Rewards or donations at the time of child marriage from officials by these official office partners
Giving birthday gifts or at other private events from partners
Giving gifts to lecturers from students after holding a thesis session.
The perpetrators of gratification will be subject to sanctions in accordance with the law in force in law. If an organizer or civil servant performs gratification, he will be subject to imprisonment and fines. Prison sentences can be for life or a minimum of 4 years and a maximum of 20 years. Meanwhile, the fines imposed are at least Rp. 200 million and a maximum of Rp. 1 billion.
Demikianlah review mengenai apa itu gratifikasi dan bagaimana aturannya. Tindakan gratifikasi memang ada berbagai bentuknya. Perikan hadiah atau uang sebagai THR saat lebaran oleh pegawai negeri baik individu maupun atas nama instansi, juga termasuk perbuatan gratifikasi yang dilarang.
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