jurisdiction

Indonesia
Source of law

Law No. 31/1999 on Corruption Eradication as amended by Law No. 20/2001 

Law No. 28/1999 on Good Governance, Anti-Corruption, Collusion and Nepotism Supreme Court Regulation No. 13 of 2016 on Procedures for Handling Corporate Crimes Corruption Eradication Commission (KPK) Regulation No. 2/2019 on Gratification Reporting 

Offence 
  • Loss to state finances or the state economy; 
  • Bribery/gratification; 
  • Act of cheating; 
  • Extortion; 
  • Embezzlement; 
  • Conflict of interest in procurement. 
The bribe  
Is there a presumption that any advantage was given/received corruptly? 

Yes (with exceptions) 

Exceptions include gifts that have a sale value not exceeding IDR 1m and are given in relation to certain traditional/religious ceremonies, and advantages given due to the occurrence of a natural disaster. 

Would facilitation payments be caught? 

 

Yes 

Would corporate hospitality be caught? 

Yes (with exceptions) 

Exceptions include corporate hospitality that was lawfully obtained during the performance of official work, with proper documentation, and with an amount that is reasonable pursuant to the annual Foreign Minister Regulation on the Standard for General Cost. 

Is there any de minimis? Yes IDR 0.5m for judges, and IDR 1m for other public officials, so long as it was given in relation to certain traditional/religious ceremonies, or due to the occurrence of a natural disaster. 
Does the bribe have to be monetary? No The bribe can be anything that has value, including but not limited to money, goods, discount, commission, loans without interest, travel tickets, accommodation, holidays and free medication, among others. 
Public officials  
Does the offence only apply to bribing public officials? 

 

Yes 

Acts performed outside Indonesia  
Can bribery performed outside the jurisdiction be caught? 

 

Yes 

Does the act also need to be illegal in the foreign country of performance? No
Who can be liable  
Indonesian national? 

 

Yes 

Indonesian company? 

 

Yes 

Indonesian partnership (including limited liability partnership)? 

 

Yes 

Director of Indonesian company? 

 

Yes 

Indonesian company if the bribe is committed abroad by its foreign subsidiary? 

No Unless the company is actively involved in the commission of the bribe, i.e.: 

  1. The one who causes the subsidiary to perpetrate, or who takes a direct part in the execution of the bribe; 
  2. The one who deliberately aids the subsidiary in the commission of the bribe; and/or 
  3. The one who deliberately provides the opportunity, means, or information for commissioning the bribe. 
Foreign subsidiary of an Indonesian company if the bribe is committed abroad? 

 

Yes 

Foreign national / company / partnership if bribe is committed in Indonesia? 

 

Yes 

Foreign national domiciled or “ordinarily resident” in Indonesia if bribe is committed outside Indonesia? 

 

Yes 

Foreign company / partnership if bribe is committed abroad? 

 

Yes 

Penalties  
Penalties include: 
  • For the bribe-giver: up to 15 years imprisonment and fines up to IDR 750m for individuals or IDR 1bn for companies 
  • For the bribe-giver (company): temporary closing of the company for a maximum period of one year 
  • For public officials who receive the bribe: up to life imprisonment and fines up to IDR 1bn 
Defences  
Are there any defences available? 

Based on Article 4 paragraph (2) letter c of the Supreme Court Regulation No. 13 of 2016 on Procedures for Handling Corporate Crimes, when imposing criminal sanctions on a corporation, the Judge can assess the fault of a corporation by reference to (amongst other things): 

  • Whether or not the corporation gained benefit from the crime or whether or not the crime was committed in the interests of the company; 
  • Whether or not the corporation allowed the crime to occur; 
  • Whether or not the corporation failed to take necessary action to prevent the occurrence of the offence, failed to take mitigating measures and/or failed to comply with the prevailing laws in order to prevent the occurrence of the offence. 

These factors may be used in the corporation’s defence against corruption claims.