Differences between Bribery and Gratification: A Review of Anti-Corruption Act of Indonesia

Authors

  • Mahrus Ali1 , Al Halim2 , WahyuPriyanka Nata Permana3

DOI:

https://doi.org/10.37506/mlu.v21i1.2359

Keywords:

Meeting of mind, reversal burden of proof, caught hand, report mechanism.

Abstract

This study analyzes the concepts of bribery and gratification and the distinguishing parameters between
them as regulated in several Articles of the Anti-Corruption Law. This involved the application of the
normative legal research supported by court decisions to clarify these differences. The results of this study
showed that bribery requires a meeting of mind between the bribe givers and bribe recipients which is not
found in gratification. The reporting mechanism and the reversal burden of proof do not apply to bribery
while Operation Catching Hand does not apply to gratification due to its inability to satisfy the provisions
of Article 1 point 19 of the Criminal Procedure Code. Criminal sanctions are also imposed on both the giver
and the recipient of a bribe while the act of a giver in gratification is not considered as a criminal offense.
The study also found the wrong application of these essential differences in court decisions.

Author Biography

Mahrus Ali1 , Al Halim2 , WahyuPriyanka Nata Permana3

1Senior Lecturer of Criminal Law Department, Faculty of Law Universitas Islam Indonesia and alumni of
Diponegoro University, Indonesia, 2
Doctorat Program Student in Law Diponegoro University, Indonesia and a
Public Notary, 3Lecturer of Law of Criminal Procedure Department, Faculty of Law Universitas Islam Indonesia

Published

2021-01-09

How to Cite

Mahrus Ali1 , Al Halim2 , WahyuPriyanka Nata Permana3. (2021). Differences between Bribery and Gratification: A Review of Anti-Corruption Act of Indonesia. Medico Legal Update, 21(1), 497-502. https://doi.org/10.37506/mlu.v21i1.2359