The Gratification of Sexual Services in Corruption Offenses

Abstract

Objective: This research aims to examine in depth the legal regulations related to gratification for sexual services in the context of corruption. As well as evidence in the trial of corruption crimes.
 
 Method: This research is included in normative juridical research. This research uses a statutory approach and a conceptual approach. The statutory approach provides an overview of the regulation of the subject matter under study. While the concept approach will obtain an overview of the suitability of the subject matter that has been regulated in the legislation with concepts that discuss the subject matter itself.
 
 Results: The Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption does not prohibit gifts to civil servants or state officials, but there are signs that must be considered regarding gratification in order to avoid the types of gratification that can be considered bribes. Corruption crimes related to gratification are expressly regulated in Article 12 b and Article 12 c of Law No. 31 of 1999 on the Amendment to Law No. 20 of 2001 on the Eradication of Corruption. Any gratification to a civil servant or state organizer is considered a bribe if it is related to his/her position and contrary to his/her obligations or duties. For gratification with a value of Rp. 10 million or more, the proof that the gratuity is not a bribe is carried out by the recipient of the gratuity (reverse proof); while those with a value of less than Rp. 10 million, the proof that the gratuity is not a bribe is carried out by the public prosecutor.