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