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Jakarta Post

Police ‘can be jailed’ for gratuities

Police officers who accept gifts are breaking the law and can be prosecuted for corruption, according to a legal expert

The Jakarta Post
Jakarta
Tue, November 1, 2011

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Police ‘can be jailed’ for gratuities

P

olice officers who accept gifts are breaking the law and can be prosecuted for corruption, according to a legal expert.

Yenti Garnasih, a criminal law and money laundering expert from Trisakti University, told The Jakarta Post on Monday that any civil servant who accepted money or any type of gift could be charged under the 2001 Corruption Law.

“If the benefactor demands something from the police or military officers by giving money, then it can be categorized as bribery, which is unlawful,” Yenti said. Further, officials who accepted money or gifts without an explicit request for service from a benefactor were also guilty of accepting bribes, he said.

Questions about police ethics emerged on Friday, when National Police chief Gen. Timur Pradopo said officers guarding Freeport’s operations in Papua received “meal money” from the US-based mining giant, calling the practice justifiable and acceptable given the “exceptionally difficult circumstances” faced by officers in the province.

Freeport stated in a recently released financial report that it allotted a whopping US$ 14 million for government-provided security measures, specifically mentioning the National Police and the Indonesian Military (TNI) as recipients.

The 2002 National Police Law stipulates that officers are not allowed to receive any form of gifts, whether directly or indirectly related to the conduct of their duty.

Adnan Pandu Praja, a legal expert and member of the National Police Commission (Kompolnas), said the practice of accepting gratuities was “understandable”, even if technically illegal.

Low-ranking police officers could not live on their official salaries of about Rp 636,000 ($71.80) to
Rp 841,000 a month, Adnan said.

“There are many big companies that utilize the police to secure their projects. [Freeport] is just the tip of the iceberg,” he added.

Natsir Kongah, a spokesperson for the Financial Transaction Reporting and Analysis Centre (PPATK), said that PPATK was ready to investigate the flow of Freeport’s payments if there were strong indications of “suspicious” transactions.

Separately, Corruption Eradication Commission spokesperson Johan Budi said that the KPK would first determine if the payments made by Freeport to protect its operations were included as part of contracts with the central or local government.

“If the payment is official, then there should be an audit. The Supreme Audit Agency [BPK] or the Development Supervisory Agency [BPKP] should have the data,” he said.

Johan said the KPK would not rush an investigation. “If the funds turn out to be official, then we cannot not deem them a gratuity.”

National Police spokesperson Insp. Gen. Saud Usman Nasution said that the police were ready for any investigation.

“We are ready to be held accountable for the money,” Saud said. (sat)

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