LANDASAN PENGATURAN GRATIFIKASI DALAM UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI

Abstract

Criminal acts through gratuities are considered part of the acts of corruption regulated in Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which are referred to as Corruption Crimes of Civil Servants Who Receive Gratifications which are regulated in Article 12B jo. Article 12C of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. However, there is no clarity regarding the law that regulates gratuities/gifts originating from a cultural context. This then sparked a debate about the regulation of gratifications in the current Corruption Eradication Law, the weaknesses that arise in the regulation of gratuities when linked to the culture that is developing in Indonesian society, and the need for reconstruction of the gratification regulations in the Law. Eradicating Corruption Crimes is based on the value of dignified justice. Reconstruction of gratification regulations in criminal acts of corruption based on the value of dignified justice. There are at least six components that must be clarified in more depth, namely the first is that the articles must be changed in concrete form to adapt to developments in cultural realities that occur in the midst of social life. Second, to reduce the entrenched spirit of feudalism, tougher penalties must be applied to the anti-corruption law, especially for office holders and law enforcement officers who are proven to have accepted bribes and gratuities. Third, Law no. 20 of 2001 must specifically regulate gratification offenses according to their fields. This is important so that the handling of gratification issues has justice and dignity. Fourth, ethically, the exception element in Law no. 20 of 2001 Article 12 C paragraph (1) there must be an exception with the confirmation that giving gifts that do not bend authority is not an act of corruption. Fifth, Law no. 20 of 2001 must contain types of acts of corruption as a distinction between colossal (large) and small corruption. Sixth, the spirit of the articles in Law no. 20 of 2001, has not yet been seen and there are still many people who do not understand