No.

Legal Basis for Eradicating Corruption Crimes in Indonesia

Description

1

Law Number 3 of 1971 concerning Eradication of Corruption Crimes (Undang-Undang Nomor 3 Tahun 1971 tentang Pemberantasan Tindak Pidana Korupsi or UU No. 3/1971)

This law was issued during the New Order era during the leadership of the 2nd President of the Republic of Indonesia, Soeharto, who was in power from 1967 to 21 May 1998. According to Law No. 3/1971, the definition of corruption is an act that is detrimental to state finances with the aim of benefiting oneself or other people This law regulates a maximum sentence of life imprisonment and a maximum

fine of IDR 30 million for all offences categorized as corruption.

Then, Law No. 3/1971 was declared no longer valid after being replaced by Law Number 31 of 1999 concerning the

Eradication of Corruption Crimes. (Undang-undang Nomor 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi or UU No 11/1999).

2

Law Number 28 of 1999 concerning the Administration of a State that is Clean and Free of Corruption, Collusion and Nepotism (Undang-Undang Nomor 28 tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas Korupsi, Kolusi dan Nepotisme atau KKN or UU No. 28/1999)

After the collapse of the New Order regime, replaced by the Reformation era, Law No. 28/1999 was formed in the era of the 3rd President of the Republic of Indonesia, Bacharuddin Jusuf Habibie, who was in power from 21 May 1998 to 20 October 1999). Law No. 28/1999 was formed as a commitment to eradicate corruption after the overthrow of the New Order regime. According to Law No. 28/1999, the definition of corruption, collusion and nepotism, are all disgraceful acts for state administrators. The law also regulates the establishment of an Audit Commission, an independent institution tasked with examining the assets of state officials and former state officials to prevent corrupt practices.

At the same time, the Business Competition Supervisory Commission (Komisi Pengawas Persaingan Usaha or KPPU) and the Ombudsman were formed.

3

Decree of the People’s Consultative Assembly of the Republic of Indonesia Number (Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesia Nomor XI/MPR/1998 tentang Penyelenggara Negara yang Bersih dan Bebas Korupsi, Kolusi dan Nepotisme atau KKN or TAP MPR No XI/MPR/1998)

In the era of the government of the 3rd President of the Republic of Indonesia, Abdurrahman Wahid, who was in power from 20 October 1999 to 23 July 2001, determined that TAP MPR No. people’s conscience so that development reform can be successful, one of which is by carrying out the functions and duties of state administrators well and responsibly, without corruption. TAP MPR No., State Officials’ Wealth Audit Commission and several others.

4

Government Regulation No. 71 of 2000 concerning Procedures for Implementing Community Participation and Giving Awards in the Prevention and Eradication of Corruption Crimes (Peraturan Pemerintah No 71 tahun 2000 tentang Tata Cara Pelaksanaan Peran Serta Masyarakat dan Pemberian Penghargaan dalam Pencegahan dan Pemberantasan Tindak Pidana Korupsi or PP No. 71/2000)

Through this regulation, the government wants to invite the public to help eradicate criminal acts of corruption. The role of the public as regulated in this regulation is to seek, obtain, provide data or information about criminal acts of corruption. The public is also encouraged to submit suggestions and opinions to prevent and eradicate corruption. These community rights are protected and followed up in case investigations by law enforcement. For their participation, the community will also receive awards from the government which are also regulated in this PP No 71/2000.

5

Law Number 20 of 2001 in conjunction with Law No. 31/1999 concerning the Eradication of Corruption Crimes in conjunction with Law No. 31/1999) (Undang-Undang Nomor 20 tahun 2001 jo UU No. 31/1999 tentang Pemberantasan Tindak Pidana Korupsi or UU No 20/2001 jo UU No. 31/1999).

In the era of the government of the 4th President of the Republic of Indonesia, Megawati Soekarnoputri, who was in power from 23 2001 to 20 October 2004, established Law No. 20/2001 in conjunction with Law No. 31/1999. This law has become the legal basis for eradicating criminal acts of corruption in the country and explains that corruption is an act against the law with the intention of enriching oneself, or others, or which results in harm to the state or the country’s economy. The definition of corruption is explained in 13 articles in the law. This. Based on these articles, corruption is mapped into 30 forms, which are further grouped into 7 types, namely embezzlement in office, extortion, gratification, bribery, conflicts of interest in procurement, fraudulent acts, and state financial losses.

6

Law Number 30 of 2002 concerning the Corruption Eradication Commission (Undang-Undang Nomor 30 tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi or UU No. 30/2002).

Law No. 30 of 2002 concerning the Corruption Eradication Commission was the trigger for the birth of the KPK during the Presidency of Megawati Soekarno Putri. At that time, the Prosecutor’s Office and the Police were considered ineffective in eradicating criminal acts of corruption, so it was deemed necessary to have a special institution to do so. In accordance with the mandate of this law, the Corruption Eradication Committee (Komisi Pemberantasan Korupsi or KPK) was formed with the aim of increasing the efficiency and effectiveness of efforts to eradicate criminal acts of corruption. In carrying out its duties and authority, the Corruption Eradication Commission is independent and free from the influence of any power. This law was then refined with a revision of the Corruption Eradication Commission Law in 2019 with the issuance of Law No. 19 of 2019. The 2019 Law regulates increasing synergy between the Corruption Eradication Committee, the police and the prosecutor’s office for handling corruption cases.

7

Law Number 15 of 2002 concerning the Crime of Money Laundering (Undang-Undang Nomor 15 tahun 2002 tentang Tindak Pidana Pencucian Uang or UU No. 2002)

Money laundering is one way for corruptors to hide or eliminate evidence of criminal acts of corruption. This law regulates the handling of cases and reporting of money laundering and suspicious financial transactions as a form of effort to eradicate corruption. This law was also introduced for the first time by the Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisis Transaksi Keuangan or PPATK) which coordinates the implementation of efforts to prevent and eradicate money laundering crimes in Indonesia.

8

Presidential Regulation Number 54 of 2018 concerning the National Strategy for Preventing Corruption or National Strategy for Corruption Prevention (Peraturan Presiden Nomor 54 tahun 2018 tentang Strategi Nasional Pencegahan Korupsi atau Stranas PK or PERPRES No. 54/2018).

In the era of the government of the 7th President of the Republic of Indonesia, Joko Widodo, who has been in power since October 24 2014, this Presidential Decree has been determined as a replacement for Presidential Decree No. 55 of 2012 concerning the National Strategy for the Prevention and Eradication of Corruption in the Long Term for 2012-2025 and the Medium Term for 2012-2014, which is considered no longer appropriate to the development of corruption prevention needs. The PK National Strategy contained in this Presidential Decree is a national policy direction that contains the focus and targets for preventing corruption which is used as a reference for ministries, institutions, regional governments and other stakeholders in implementing corruption prevention actions in Indonesia. Meanwhile, the Corruption Prevention Action (PK Action) is an explanation of the focus and targets of the National PK Strategy in the form of programs and activities. There are three focuses in the PK National Strategy, namely Licensing and Commerce, State Finance, and Law Enforcement and Bureaucratic Democracy

9

Presidential Regulation Number 102 of 2020 concerning the Implementation of Supervision for the Eradication of Corruption Crimes (Peraturan Presiden Nomor 102 tahun 2020 tentang tentang Pelaksanaan Supervisi Pemberantasan Tindak Pidana Korupsi or PERPRES No 102/2020).

Published by President Joko Widodo, regulating the supervision of the Corruption Eradication Commission (KPK) over agencies authorized to eradicate criminal acts of corruption, namely the National Police of the Republic of Indonesia and the Prosecutor’s Office of the Republic of Indonesia. This Presidential Decree also regulates the authority of the Corruption Eradication Committee (KPK) to take over criminal corruption cases that are being handled by the National Police and the Prosecutor’s Office. This presidential decree is said to be part of efforts to strengthen the KPK’s performance in eradicating corruption.

10

Regulation of the Minister of Research, Technology and Higher Education of the Republic of Indonesia ti Number 33 of 2019 concerning Obligations for Providing Anti-Corruption Education in Higher Education (Peraturan Menteri Riset, Teknologi dan Pendidikan Tinggi Republik Indonesia ti Nomor 33 Tahun 2019 tentang Kewajiban Penyelenggaraan Pendidikan Anti Korupsi /PAK di Perguruan Tinggi or PERMENRISTEKDIKTI No. 33/2019).

The Minister of Research, Technology and Higher Education issued Permenristekdikti No 33/2019 regarding regulations for implementing anti-corruption education (PAK) in universities, public and private through PAK courses at every level, both diploma and undergraduate as an effort to prevent corruption for the younger generation.