Abc 2024

ANTI BRIBERY AND
CORRUPTION
F. HELIANTI SASTROSATOMO
FIGHTING CORRUPTION
BACKGROUND & PERSPECTIVE
BRIBERY & CORRUPTION CAUSE
REPUTATION DAMAGE
SUAP & KORUPSI
MEMBUNUH ORANG TIDAK BERSALAH
83% dari semua kematian akibat

bangunan runtuh selama 30 tahun terakhir
terjadi di negara-negara yang secara
anomali korup.
Corruption is a
Global Problem
Convictions, fines and prison sentences for
employees and officers
Incurring substantial legal and professional fees,

including increased cost of compliance through
potential
Impacts of
regulatory response
Bribery
and Significant reputational damage at a corporate,
personal and governmental level
Corruption
Damage to the share price and loss of shareholder
and other stakeholder confidence
Distortion of the market

What is Corruption and How is Bribery
Defined?
BRIBERY IS THE MOST COMMON

CORRUPTION FORM OF CURRUPTION.
IS THE ABUSE OF
ENTRUSTED POWER FOR A BRIBE IS TWO WAY – IT CAN
PRIVATE GAIN. BE GIVEN OR RECEIVED.
MOST DEFINITIONS TALK ABOUT

IT HURTS EVERYONE
GIVING OR TAKING AN
WHO DEPENDS ON THE ‘ADVANTAGE’
INTEGRITY OF PEOPLE OR ‘INDUCEMENT’ IN ORDER TO
IN A POSITION OF PERFORM A FUNCTION
AUTHORITY. ‘IMPROPERLY’.
Bribery can have many forms
Bribes are not only about money

exhanged in brown envelopes or
wired to secret accounts.
A bribe can be anythin of value to

the person bribed, disguised as a gift,
hospitality or travel expenses, or it can
be a payment to an intermediary.
Cash is (still) King – Direct cash payments
Junkets and Jollies – Excessive hospitality
Bribery in the form of gift-giving
WHAT IS A Favours to friends or relations
BRIBE? Facilitation payments
Bribes disguised as charitable donations
Bribes disguised as political donations
Bribes masked as commissions

FACILITATION MONEY
Gift, usually in the form of money, to initiate, secure,

speed up access to a service.
Usually, the requesting party (in this case the
recipient of the bribe) will use explicit or implied
threats of delay, inconvenience, additional costs, or
other undesirable results. Bribes may also be
solicited with promises of faster service, ignoring
incomplete paperwork, or some other benefit.
KICKBACK
Kickback or giving direct commission to Personnel

for a portion of the Company's payments to third
parties. This Repayment is given as compensation
for awarding contracts, work or other things to the
third party.
Donation
Giving in the form of goods or money to political

parties, institutions or individuals with the intention of
gaining influence, whether political, economic,
legal or otherwise, which is not in accordance with
applicable laws and regulations. The Company will
only make donations in accordance with
applicable ethics and legal provisions and in
accordance with the Company's social
responsibility (CSR) plan.
Gratification
It is prohibited to give gratuities, whether of large or

small value, including but not limited to money,
goods, rebates (discounts), commissions, interest-
free loans, travel tickets, lodging facilities, tourist
trips, free medical treatment, and other facilities as
an effort to to influence, or be perceived as
capable of influencing, long-term business and/or
policy decisions.
It is not prohibited to give or receive normal and

reasonable gifts to or from third parties as long as it
is done according to the principles of transparency,
proportion, fairness and is done in good faith.
How Bribes are Paid
False or inflated
Bribery through the
Bribery through invoicing and
supply chain: Sub-
Associates: product pricing.
contractors and
Middlemen AKA: Fraud. Plain
Distributors
and simple.
Sunny places for

shady people. Off- They taught me
Joint Ventures. For
shore arrangements everything I know!
better for worse
and off balance- Training Courses
sheet payments
Employment
Pocket money. Per Rebates and
contracts and
diems and discounts or
consulting
expenses. kickbacks
agreements
The
Common
Excuses
Don’t
Count
Global Enforcement is on the Rise
Germany, Spain and other

EU countries are
increasing enforcement.
In the US, bigger financial

penalties; focus on
individuals, non-US
companies and alternative
legal strategies.
Brazil and Chile (and other LATAM

countries) processing tougher, new
anti‐corruption laws under high pressure
from OECD. China and the US are increasing
cooperation and begin establishing
a framework for information sharing
and enforcement; China enacted
its own foreign bribery law.
18
 Law No. 11 of 1980 on Bribery (Anti-Bribery Law)
Relevant  Law No. 28 of 1999 on State Management that is
Anti- Clean and Free from Corruption, Collusion and
Nepotism As Repealed in Part by Law of The
Republic of Indonesia No. 30 year 2002.
corruption  Law No. 31 of 1999 on Corruption Eradication as
Laws and amended by Law No. 20 of 2001 and Repealed in
Part by Law of The Republic of Indonesia No. 30
Regulations year 2002.
 Law No. 30 of 2002 on the Corruption Eradication
In Indonesia Commission (KPK) As Amended by Government
Regulation in Lieu of Law No. 1 year 2015 and Law
No.19 year 2019, Repealed in Part by Law of The
Republic of Indonesia Number 46 of 2009.
 Law No. 46 of 2009 on the Corruption Court
 Law No. 8 of 2010 on the Prevention and
Eradication of Money Laundering
 Other regulations and codes of conduct
applicable to state apparatus, government
officials or civil servants that prohibit the receiving
or requesting of gifts or payment for their personal
benefit.
Corruption
Prevention
for
Companies
COMMITMENT • Top Management Commitment
• Understanding regulations
PLAN • Identifying Risk
• Creating Policy
DO • Socialization
• Internal Audit
EVALUATION • ISO 37001 Certification
ACTION • Corrective Actions
RESPONSE • Whistleblowing
How to Avoid Bribery
Look Out for Red Flags and Fact Patterns
1 2 3 4
Avoid getting into a Know how to deal Be alert to others Ensure that
situation when a with it if asked for a who may be effective controls
bribe may be bribe paying bribes are implemented
solicited or •Set reasonable,
demanded clear limits
•Implement a
review and
approval process
Whistleblowing System
The act of reporting wrongdoing within an organization to internal and external

parties. It is raising a concern about malpractices within an organization or
through an independent structure associated with it.
Key Aspects
 Clear definition of individuals covered by the Policy
 Non retaliation provisions
 Confidentiality
 Process
 Communication
2
2
WhistleBlowing System Benefits
 The availability of critical and key information for the company
to those who must immediately handle it safely and in a
controlled manner.
 With the increasing willingness to report various violations, there is
a sense of reluctance to commit violations because of a belief
in an effective reporting system.
 The availability of an early warning mechanism for the possibility
of a problem caused by a violation.
 Reducing/minimizing the risk faced by the company due to
violations in terms of financial, operational, legal, work safety
and reputation.
 Reducing costs in managing the consequences of a violation.
 Increasing the company's reputation in the eyes of stakeholders,
regulators, and the general public.
23

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ANTI BRIBERY AND

83% dari semua kematian akibat

Incurring substantial legal and professional fees,

Distortion of the market

BRIBERY IS THE MOST COMMON

MOST DEFINITIONS TALK ABOUT

Bribes are not only about money

A bribe can be anythin of value to

Junkets and Jollies – Excessive hospitality

Bribery in the form of gift-giving

WHAT IS A Favours to friends or relations

BRIBE? Facilitation payments

Bribes disguised as charitable donations

Bribes disguised as political donations

Bribes masked as commissions

Gift, usually in the form of money, to initiate, secure,

Kickback or giving direct commission to Personnel

Giving in the form of goods or money to political

It is prohibited to give gratuities, whether of large or

It is not prohibited to give or receive normal and

Sunny places for

Germany, Spain and other

In the US, bigger financial

Brazil and Chile (and other LATAM

ACTION • Corrective Actions

The act of reporting wrongdoing within an organization to internal and external

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