Gift-giving to government officials in Indonesia at Lebaran (the end of Ramadan) is so pervasive that many assume it’s always permitted.
But here’s a summary of Indonesia’s gift-giving rules from the global index of ethiXbase.
The summary, by the way, faithfully reflects the ambiguity found in the rather complex law. It says:
Gift-giving legislation can be found in the Law of the Republic of Indonesia, Number 20 Year 2001, Amendment to the Law No. 31/1999 on Corruption Eradication, Article 12B.
Civil servants cannot accept gifts that are related to their official position and/or duties.
If a civil servant is found to have accepted Rp. 10,000,000 [$1,050] or more in gifts, the civil servant must prove that the gift was not a bribe. When the gifts amount to less than Rp. 10,000,000 [$1,050], the public prosecutor has the burden of proof.
Anyone offering gifts or the promise of gifts to a public official as an inducement to abuse of authority can be imprisoned for up to three years and/or fined up to Rp. 150,000,000 [$15,000].
Law No. 31/1999, Eradication of the Criminal Act of Corruption, and Law No. 20/2001, Amendment to the Law No. 31/1999 on Corruption Eradication, can be downloaded in English from ethiXbase.
Ben Kessler is a contributing editor of the FCPA Blog. He serves as managing editor of ethiXbase, the world’s largest database of anti-corruption legislation, gift-giving regulations, investigations, and enforcement actions.