Today’s Legal Enlightenment (Thursday, 6 October 2022) – ALTHOUGH THE STATE OFFICER WHOM THE PERPETRATOR WILL BRIBE REFUSES TO ACCEPT THE GIFT FROM THE PERPETRATOR, THE ACTION OF THE PERPETRATOR CAN ALREADY REGARDED AS A COMPLETION OF BRIBERY
Article 209 paragraph (1) of the Criminal Code states: “A sentence of a maximum imprisonment of two years and eight months or a maximum fine of Rp. 4500 (four thousand five hundred rupiahs) shall be burdened to any person who gives a gift or makes a promise to an official with intent to persuade them to commit or omit something contrary to their duty.”
Based on the Supreme Court’s Decision dated 22 June 1956 Number 145K/Kr/1955, Article 209 of the Criminal Code does not require the acceptance of the gift by the official. People can know that although the official whom the perpetrator will bribe does not want to accept the gift, the perpetrator can already be seen as having committed the crime of bribery as regulated in Article 209 paragraph (1) of the Criminal Code.
(PAF Lamintang, Special Offenses for Positions and Crimes in Certain Positions as Criminal Acts of Corruption, Pionir Jaya, Bandung, First printing, October 1991, p. 259.)
Source:
Central Jakarta District Court Decision Number 38/Pid.Sus-TPK/2020/PN Jkt.Pst.
Best regards,
Fredrik J. Pinakunary