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Civil Servants Accepting Parcels Can Be Sentenced to 4 Years in Prison, Arinal: Gratification Arises from the Habit of Giving Gifts

Rabu, 12 April 2023 - 08.25 WIB
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Kupastuntas.co, Bandar Lampung - State civil servants (ASN) who are caught receiving Eid parcels can be subject to imprisonment for a minimum of 4 years and a maximum of 20 years, as well as a minimum fine of IDR 200 million and a maximum of IDR 1 billion.

This was conveyed by Deputy for Education and Community Participation at the Corruption Eradication Commission (KPK), Wawan Wardiana, at a public lecture and national seminar with the theme 'Prevention of Gratification and Conflict of Interest Ahead of Hari Raya' at the Pusiban Building, Lampung Governor's Office, Tuesday (11 /3/23).

Wawan said, based on Article 12 of Law Number 20 of 2001 it was stated that civil servants who were proven to have received gratuities could be subject to imprisonment for a minimum of 4 years and a maximum of 20 years and a minimum fine of IDR 200 million and a maximum of IDR 1 billion.

"Gratifications are more severely punished than bribes. For bribes, the sentence may only be one or two years in prison, but if it is proven that receiving gratuities, the sentence is at least 4 years in prison. So let's avoid it," said Wawan.

He explained that giving gifts or gratuities is closely related to the position held by someone. So ASN or state officials who are given prizes must be rejected, so as to avoid the possibility of committing corruption.

"This award is closely related to the position held. People who give something to us because of our position are in the context of cultivating kindness, one day their minds will be plucked and this can lead to corruption," he explained.

He also asked officials not to use state facilities for personal needs, such as official vehicles used for Eid homecoming.

"The official facilities that we have should be used for official needs. Not for our personal needs. We hope this will become a concern for all of us, because currently officials are being cared for by the people," he said.

Meanwhile, the Governor of Lampung, Arinal Djunaidi said that gratification is part of corruption and crime that must be eradicated.

"Without developing good human resources with integrity, it is impossible to eradicate corruption optimally. Unknowingly, gratification arises from habits that are considered normal and reasonable by the general public, such as giving gifts or compensation for services," said Arinal.

Arinal hopes that, with the issuance of KPK Regulation Number 2 of 2019 concerning reporting of gratuities, ASNs must always be careful in carrying out their duties by making laws and regulations as self-shields in acting and acting.

"Hopefully with the implementation of this outreach, we together will understand more and more about what impacts there are if we use gratuities while hoping that we are all kept away from things that can harm ourselves, our families, as well as the nation and state," said Arinal.

Arinal reminded that the law provides an obligation for civil servants to report any receipt of gratuity related to their position and contrary to the duties or obligations of the recipient.

"If the gratuities that are considered as giving bribes are not reported, then there is a risk of breaking the law both in the administrative and criminal realms," he said.

Previously, the Inspector of the Province of Lampung, Fredy asked ASN in the Lampung Provincial Government to report to the Inspectorate if anyone received a parcel or Eid gift.

"The central government has a circular regarding ASN not being able to accept Eid parcels. And we have followed this up to issue a circular letter from the Governor of Lampung. It will be promulgated soon," said Fredy, Monday (10/4).

Fredy said that civil servants who received gratuities in the form of food or drink parcels that were easily damaged or expired could be distributed as social assistance to orphanages, nursing homes or those in need.

"This means ASN may not accept parcels, for example, if food is received that is perishable, it can be transferred to other people who need it and there must be an explanatory report and documentation of delivery," he explained.

He also said that his party continues to ask ASNs to be able to report all gifts received which could trigger a conflict of interest and conflict with applicable regulations.

"This is an effort to prevent gratuities because gratuities mean officials receive gifts. So when officials marry their children they also have to report. But if ordinary employees are outside the non-structural they report through tax reports," he said.

Member of Commission I DPRD Lampung Province, Watoni Noerdin reminded ASN not to accept parcels or gifts in any form because these things fall into the category of gratuities.

"Of course if there are rules then it's not okay ASN receives a gift because it is included in gratuity. So this is what ASN must understand and also carry out supervision," said Watoni.

He hopes that the Lampung Provincial Government through the Inspectorate must carry out supervision so that there are no ASNs who secretly receive Eid parcels.

Watoni appealed to ASN who received parcels or gifts to immediately report to the Inspectorate to avoid being penalized.

"When you receive it, it must be reported, because this is a form of ASN discipline. Usually the KPK will also issue a circular later," he explained. (*)

This news was published in the Kupas Tuntas daily newspaper Wednesday 12 April 2023 edition with the title "KPK: Civil Servant Receives Parcels Can Be Sentenced to 4 Years in Prison"