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LAWS OF THE REPUBLIC INDONESIA
NUMBER 20 YEAR 2001
ABOUT
AMENDMENT TO LAW NUMBER 31 YEAR 1999
CONCERNING ERADICATION OF CRIMINAL ACTS OF CORRUPTION
BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
a. that corruption, which has been widespread so far, does not
only detrimental to state finances, but has also become a
violation of the social and economic rights of the community
wide, so that corruption needs to be classified as a crime
whose eradication must be carried out in an extraordinary manner;
b. that to better guarantee legal certainty, avoid diversity
interpretation of law and provide protection for social rights
and the economy of the community, as well as fair treatment in eradicating
corruption, it is necessary to make changes to the Law
Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption;
c. that based on the considerations as referred to in letter a
and letter b, it is necessary to enact a Law on Amendments to
Law No. 31/1999 on the Eradication of Acts
Corruption Crimes;

Remember:
1. Article 5 paragraph (1) and Article 20 paragraph (2) and paragraph (4) of the Constitution
1945;

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2. Law Number 8 of 1981 concerning Criminal Procedure Code
(State Gazette of the Republic of Indonesia of 1981 Number 76, Supplement
State Gazette Number 3209);
3. Law Number 28 of 1999 concerning State Administrators
Free from Corruption, Collusion, and Nepotism (State Gazette
Republic of Indonesia Year 1999 Number 75, Supplement to the State Gazette
Number 3851);
4. Law No. 31/1999 on the Eradication of Acts
Corruption Crimes (State Gazette of the Republic of Indonesia of 1999 Number
140, Supplement to the State Gazette Number 3874);
By mutual consent
HOUSE OF REPRESENTATIVE OF INDONESIA REPUBLIC
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDING:
Set:
LAW CONCERNING AMENDMENT TO THE LAW
NUMBER 31 OF 1999 CONCERNING ERADICATION OF CRIMINAL ACTS
CORRUPTION.

Article I
Several provisions and explanations of articles in Law Number 31
1999 concerning the Eradication of Criminal Acts of Corruption was amended as
following:

1. Article 2 paragraph (2) the substance remains, the explanation of the article is changed so that
the formula is as stated in the explanation of Article by Article
number 1 of this Act.

2. Provisions of Article 5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 11,
and Article 12, the formula is changed without referring to the articles
in the Criminal Code but directly mentions
the elements contained in each article of the Book of
the criminal law referred to, so that it reads as follows:

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Article 5
(1) Sentenced to imprisonment for a minimum of 1 (one) year and
a maximum of 5 (five) years and or a minimum fine of Rp
50,000,000.00 (fifty million rupiah) and a maximum of Rp
250,000,000.00 (two hundred and fifty million rupiah) for each person who:
a. give or promise something to a civil servant or
state administrators with the intention that civil servants
or the state administrator does or does not do
something in his position, which is contrary to
his obligations; or
b. give something to a civil servant or administrator
country because of or relating to something that
contrary to obligations, done or not done
in his position.

(2) For civil servants or state administrators who receive
the gift or promise as referred to in paragraph (1) letter a
or letter b, shall be punished with the same punishment as
referred to in paragraph (1).

Article 6
(1) Sentenced to imprisonment for a minimum of 3 (three) years and
a maximum of 15 (fifteen) years and a minimum fine
Rp. 150,000,000.00 (one hundred and fifty million rupiah) and at most
Rp. 750,000,000.00 (seven hundred and fifty million rupiah)
everyone who:
a. give or promise something to the judge by
intent to influence the decision of the case submitted
him for trial; or
b. to give or promise something to someone who
according to the provisions of the legislation determined
become an advocate to attend court hearings with
intent to influence advice or opinions that will
given in connection with the case submitted to
court for trial.
(2) For judges who receive gifts or promises as
referred to in paragraph (1) letter a or an advocate who accepts
the grant or promise as referred to in paragraph (1) letter
b, shall be punished with the same punishment as intended
in paragraph (1).

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Article 7
(1) Sentenced to imprisonment for a minimum of 2 (two) years and
a maximum of 7 (seven) years and or a minimum fine of Rp
100,000,000.00 (one hundred million rupiah) and a maximum of Rp
350,000,000.00 (three hundred and fifty million rupiah):
a. contractor, builder who at the time of constructing the building,
or building material seller who at the time of handing over
building materials, commit fraudulent acts that can
jeopardize the safety of people or property, or safety
country in a state of war;
b. any person in charge of supervising the development or
handing over building materials, intentionally letting the actions
cheating as referred to in letter a;
c. everyone who at the time of handing over necessary goods
Indonesian National Armed Forces and or the Republic of Indonesia National Police
Indonesia commits fraudulent acts that can
endanger the safety of the state in a state of war; or
d. everyone in charge of supervising the delivery of goods
the needs of the Indonesian National Army and or the State Police
The Republic of Indonesia intentionally allows cheating
as referred to in letter c.
(2) For people who receive delivery of building materials or people
who received the delivery of goods needed by the National Army
Indonesia and or the National Police of the Republic of Indonesia and
allow fraudulent acts as referred to in paragraph
(1) letter a or letter c, shall be punished with the same punishment
as referred to in paragraph (1).

Article 8
Sentenced to a minimum imprisonment of 3 (three) years and
a maximum of 15 (fifteen) years and a minimum fine of Rp
150,000,000.00 (one hundred and fifty million rupiah) and a maximum of Rp
750,000,000.00 (seven hundred and fifty million rupiah), civil servant or
a person other than a civil servant assigned to carry out a position suatu
general continuously or temporarily, with
deliberately embezzling money or securities stored because
position, or let the money or securities be taken
or embezzled by others, or assist in committing
the act.

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Article 9
Sentenced to imprisonment for a minimum of 1 (one) year and
a maximum of 5 (five) years and a minimum fine of Rp. 50,000,000.00
(fifty million rupiah) and a maximum of Rp. 250,000,000.00 (two hundred five
tens of millions of rupiah) civil servants or persons other than civil servants who
given the task of running a general position continuously or
temporarily, deliberately falsifying books or lists
special list for administrative checks.

Article 10
Sentenced to a minimum imprisonment of 2 (two) years and
a maximum of 7 (seven) years and a minimum fine of Rp
100,000,000.00 (one hundred million rupiah) and a maximum of Rp. 350,000,000.00
(three hundred and fifty million rupiah) civil servants or people other than employees
a country that is given the task of carrying out a general office continuously
continuously or temporarily, intentionally:
a. embezzle, destroy, destroy, or make no
goods, deeds, letters, or lists that are used for
convince or prove before the competent authority, which
controlled because of his position; or
b. let others eliminate, destroy, destroy,
or render unusable goods, deeds, letters, or lists
such; or
c. help others eliminate, destroy, destroy,
or render unusable goods, deeds, letters, or lists
that.

Article 11
Sentenced to a minimum imprisonment of 1 (one) year
and a maximum of 5 (five) years and or a minimum fine of Rp
50,000,000.00 (fifty million rupiah) and a maximum of Rp
250,000,000.00 (two hundred and fifty million rupiah) civil servant or
state officials who accept gifts or promises even though it is known
or it is reasonably suspected that the gift or promise was given because
power or authority related to his position, or
what the person who gave the gift or promise thinks
is related to the position.

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Article 12
Sentenced to life imprisonment or imprisonment
imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty)
years and a fine of at least Rp. 200,000,000.00 (two hundred million
rupiah) and a maximum of Rp. 1,000,000,000.00 (one billion rupiah):
a. civil servants or state officials who receive gifts
or promise, even though it is known or reasonably suspected that the gift or promise
is given to move to do or not
do something in his position, which is against
his obligations;
b. civil servants or state officials who receive gifts,
when it is known or reasonably suspected that the gift was given
as a result of or caused by having done or not
do something in their position that is contrary to
his obligations;
c. a judge who accepts a gift or promise, even though it is known or proper
it is suspected that the gift or promise was given to
affect the decision of the case submitted to him for
tried;
d. a person who, according to the provisions of the legislation,
determined to be an advocate to attend court hearings,
accept a gift or promise, even though it is known or reasonably suspected that
the gift or promise to influence advice or opinion
that will be given, in connection with the case submitted
to the court for trial;
e. civil servants or state administrators who with the intent to
unlawfully benefit oneself or others,
or by abusing his power to force someone
give something, pay, or receive payment by
pieces, or to do something for himself;
f. civil servants or state administrators who at the time
perform tasks, request, accept, or withhold payments
to civil servants or other state administrators or
to the general treasury, as if a civil servant or administrator
other countries or the general treasury has debts
to him, even though it is known that this is not a
debt;
g. civil servants or state administrators who at the time
perform tasks, request or accept work, or
delivery of goods, as if it were a debt to him,
even though it is known that it is not a debt;
h. civil servants or state administrators who at the time
carry out their duties, have used the state land above them
there is a right of use, as if in accordance with the laws and regulations
invitation, has harmed the rightful person, even though he knows it
that the act is in contravention of the laws and regulations
invitation; or

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i. civil servants or state administrators, either directly or
indirectly participate in the chartering,
procurement, or rental, which at the time of the act,
to be wholly or partly assigned to take care of or
keep an eye on him.

3. Between Article 12 and Article 13, 3 (three) new articles are inserted, namely Article
12 A, Article 12 B, and Article 12 C, which read as follows:

Article 12 A
(1) Provisions regarding imprisonment and fines as
referred to in Article 5, Article 6, Article 7, Article 8, Article 9, Article
10, Article 11 and Article 12 do not apply to criminal acts of corruption
whose value is less than Rp. 5,000,000.00 (five million rupiah).
(2) For perpetrators of criminal acts of corruption whose value is less than Rp
5,000,000.00 (five million rupiah) as referred to in paragraph
(1) shall be sentenced to a maximum imprisonment of 3 (three) years and
a maximum fine of IDR 50,000,000.00 (fifty million
rupiah).

Article 12 B
(1) Every gratuity to civil servants or state administrators
considered bribery, if it is related to his position jabatan
and which is contrary to his obligations or duties, with
the following conditions:
a. the value of which is Rp. 10,000,000.00 (ten million rupiah) or more,
proof that the gratuity is not a bribe
carried out by the recipient of the gratification;
b. whose value is less than Rp. 10,000,000.00 (ten million rupiah),
proof that the gratuity is bribed by the prosecution
general.
(2) Penalties for civil servants or state administrators as referred to in paragraph (1)
referred to in paragraph (1) is imprisonment for life or
imprisonment for a minimum of 4 (four) years and a maximum of 20 (two)
twenty) years, and a fine of at least Rp. 200,000,000.00 (two
hundred million rupiah) and a maximum of Rp. 1.000.000.000,00 (one billion rupiah)
rupiah).

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Article 12 C
(1) The provisions as referred to in Article 12 B paragraph (1) do not
applies, if the recipient reports the gratuity he received
to the Corruption Eradication Commission.
(2) The submission of the report as referred to in paragraph (1) is obligatory
carried out by the recipient of the gratification no later than 30 (thirty)
working days from the date the gratuity is received.
(3) The Corruption Eradication Commission within a maximum period of
no later than 30 (thirty) working days from the date of receiving the report
obliged to stipulate that the gratuity may belong to the recipient or
state property.
(4) Provisions regarding the procedures for submitting reports as referred to in
referred to in paragraph (2) and determination of gratification status
as referred to in paragraph (3) is regulated in the Law
Law on the Corruption Eradication Commission.

4. Between Article 26 and Article 27, 1 (one) new article is inserted to become
Article 26 A which reads as follows:

Article 26 A
Valid evidence in the form of instructions as intended
in Article 188 paragraph (2) of Law Number 8 of 1981 concerning
Criminal Procedure Code, specifically for corruption
obtained from :
a. other evidence in the form of information spoken, sent, received,
or stored electronically by optical or similar devices
with that; and
b. document, i.e. any recorded data or information that can be viewed,
read, and or heard which can be issued with or without
the assistance of a means, whether written on paper, physical objects
anything other than paper, or recorded electronically, which
in the form of writing, sound, pictures, maps, designs, photographs, letters, signs,
numbers, or perforations that have meaning.

5. Article 37 is divided into 2 (two) articles, namely Article 37 and Article
37 A with the following conditions:
a. Article 37 with the substance derived from paragraph (1) and paragraph (2)
with the refinement in paragraph (2) the phrase which reads
"The information is used as a matter of benefit"
for him" was changed to "the evidence was used by

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court as a basis for declaring that the indictment is not
proven", so the overall sound of Article 37 is as follows:
Article 37
(1) The defendant has the right to prove that he does not
commit corruption.
(2) In the event that the defendant can prove that he does not
commit a criminal act of corruption, then the proof
used by the court as a basis for declaring
that the charges are not proven.

b. Article 37 A with substance derived from paragraph (3), paragraph (4), and
paragraph (5) with the completion of the word "can" in paragraph (4) is deleted
and the designation of paragraph (1) and paragraph (2) in paragraph (5) is deleted, as well as paragraph
(3), paragraph (4), and paragraph (5) are changed to paragraph (1),
paragraph (2), and paragraph (3), so that the overall sound of Article 37 A is
as follows:

Article 37 A
(1) The defendant is obliged to provide information regarding all assets
his property and the property of his wife or husband, children, and property
property of any person or corporation suspected of having
connection with the case being charged.
(2) In the event that the defendant cannot prove wealth
which is not commensurate with their income or resources
addition to his wealth, then the information as follows:
referred to in paragraph (1) is used to strengthen the
existing evidence that the defendant has committed the crime
corruption crime.
(3) The provisions as referred to in paragraph (1) and paragraph (2)
constitutes a criminal offense or a principal case as
referred to in Article 2, Article 3, Article 4, Article 13, Article 14,
Article 15, and Article 16 of Law Number 31 of 1999
on the Eradication of Criminal Acts of Corruption and Article 5
up to Article 12 of this Law, so that the prosecution
the public is still obliged to prove the charges.

6. Between Article 38 and Article 39, 3 (three) new articles are added, namely
Article 38 A, Article 38 B, and Article 38 C which all read
as follows :

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Article 38 A
The proof as referred to in Article 12 B paragraph (1) is carried out
at the time of examination in court.

Article 38 B
(1) Any person who is accused of committing a crime
corruption as referred to in Article 2, Article 3, Article 4,
Article 13, Article 14, Article 15, and Article 16 of Law Number
31 of 1999 concerning the Eradication of Criminal Acts of Corruption and
Article 5 to Article 12 of this Law, must
prove otherwise against his property that has not been
indicted, but also suspected of originating from criminal acts of corruption.
(2) In the event that the defendant cannot prove that the property
as referred to in paragraph (1) is obtained not because of
corruption, the property is considered to have been obtained from
corruption and the judge has the authority to decide all
or part of the property is confiscated for the state.
(3) The claim for confiscation of property as referred to in paragraph
(2) filed by the public prosecutor at the time of reading
claim on the main issue.
(4) Proof that the assets as referred to in paragraph (1)
does not originate from a criminal act of corruption filed by the defendant in
when reading his defense in the main case and can
repeated in the memory of appeal and the memory of cassation.
(5) The judge is obliged to open a special trial to examine
evidence submitted by the defendant as referred to in
paragraph (4).
(6) If the accused is acquitted or declared acquitted of all
lawsuits from the main case, then the claim for confiscation of property
objects as referred to in paragraph (1) and paragraph (2) must be
rejected by the judge.

Article 38 C
If after the court's decision has obtained legal force
However, it is known that there are still assets belonging to the alleged convict
or should it be suspected that it also stems from criminal acts of corruption that have not been
subject to confiscation for the state as referred to in Article
38 B paragraph (2), the state can file a civil lawsuit against
convict and/or his heirs.

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7. Between Chapter VI and Chapter VII, a new chapter is added, namely Chapter VI A concerning
Transitional provisions which contain 1 (one) article, namely Article 43 A which
placed between Article 43 and Article 44 so that the whole
reads as follows:

CHAPTER VI A
TRANSITIONAL TERMS

Article 43 A
(1) Corruption crimes that occurred before Law No
31 of 1999 concerning the Eradication of Corruption Crimes
promulgated, examined and decided based on the provisions
Law Number 3 of 1971 concerning the Eradication of
Corruption crime, with maximum criminal provisions
favorable imprisonment for the accused is imposed
provisions in Article 5, Article 6, Article 7, Article 8, Article 9, and
Article 10 of this Law and Article 13 of Law Number
31 of 1999 concerning the Eradication of Corruption Crimes.
(2) The minimum provisions for imprisonment in Article 5, Article 6, Article
7, Article 8, Article 9, and Article 10 of this Law and Article 13
Law Number 31 of 1999 concerning the Eradication of
Corruption crime does not apply to corruption crimes
that occurred before the enactment of Law Number 31 of
1999 concerning Eradication of Corruption Crimes.
(3) Corruption crimes that occurred before this Law
promulgated, examined and decided based on the provisions
Law Number 31 of 1999 concerning the Eradication of
Corruption, with provisions regarding the maximum
imprisonment for criminal acts of corruption whose value is less than
IDR 5,000,000.00 (five million rupiah) the provisions as follows:
referred to in Article 12 A paragraph (2) of this Law.

8. In CHAPTER VII before Article 44, 1 (one) new article is added, namely
Article 43 B which reads as follows:
9.
Article 43 B
At the time this Law comes into force, Article 209, Article 210,
Article 387, Article 388, Article 415, Article 416, Article 417, Article 418, Article
419, Article 420, Article 423, Article 425, and Article 435 of the Code
Criminal Law jis. Law Number 1 of 1946 concerning Regulations

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Criminal Law (News of the Republic of Indonesia II Number 9), Law
Number 73 of 1958 concerning Declaring the Enforcement of the Law
Number 1 of 1946 concerning Criminal Law Regulations for All
Territory of the Republic of Indonesia and Amending the Code of Law
Criminal Law (State Gazette of 1958 Number 127, Supplement to the Gazette of
State No. 1660) as amended several times, most recently
with Law Number 27 of 1999 concerning Changes to Books
Criminal Law Laws Relating to Crimes Against
State Security, declared invalid.

Article II
This law comes into force on the date of its promulgation.
In order for everyone to know about it, ordering the promulgation of
this law by placing it in the State Gazette of the Republic of
Indonesia.

Legalized in Jakarta
on November 21, 2001
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed
MEGAWATI SOEKARNOPUTRI

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EXPLANATION
ON
LAWS OF THE REPUBLIC INDONESIA
NUMBER 20 YEAR 2001
ABOUT
AMENDMENT TO LAW NUMBER 31 YEAR 1999
CONCERNING ERADICATION OF CRIMINAL ACTS OF CORRUPTION.

I. GENERAL
Since Law Number 31 of 1999 concerning the Eradication of
Corruption Crime (State Gazette of the Republic of Indonesia 1999
Number 140, Supplement to the State Gazette of the Republic of Indonesia Number
3874) is promulgated, there are various interpretations or interpretations which
developing in the community, especially regarding the implementation of
the law against corruption crimes that occurred before
Law Number 31 of 1999 was promulgated. This is due to
Article 44 of the Law states that the Law
Number 3 of 1971 concerning the Eradication of Corruption Crimes
declared invalid since Law Number 31 of 1999
promulgated, so that a vacancy arises
law to process criminal acts of corruption that occurred before
the enactment of Law Number 31 of 1999.
In addition to this, considering that corruption in Indonesia occurs
systematic and widespread so that it is not only detrimental to state finances, but also
but has also violated the social and economic rights of the community
broadly, the eradication of corruption needs to be carried out by
extraordinary. Thus, eradication of criminal acts of corruption must be
carried out in a special way, including the application of
Reverse proof is the proof that is charged to the defendant.
To achieve legal certainty, eliminate the diversity of interpretations,
and fair treatment in eradicating corruption, it is necessary to
amendments were made to Law Number 31 of 1999 concerning
Corruption Eradication.
Provisions for the expansion of the source of the acquisition of legal evidence
in the form of instructions, it is formulated that regarding "instructions" other than
obtained from the testimony of witnesses, letters, and statements of the defendant, also
obtained from other evidence in the form of spoken information,
sent, received, or stored electronically by optical means or

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which is similar to but not limited to data link
(electronic data interchange), electronic mail (e-mail), telegram,
telex, and facsimile, and from documents, i.e. any recorded data or
information that can be seen, read and/or heard
issued with or without the help of a means, whether stated
on paper, any physical object other than paper, or recorded
electronically, in the form of writing, sound, pictures, maps, designs,
photos, letters, signs, numbers, or perforations that have meaning.
Provisions regarding "reverse proof" need to be added in
Law No. 31/1999 on the Eradication of Acts
Corruption as a provision that is "premium remidium" and
At the same time, it contains special preventive properties against civil servants
as referred to in Article 1 point 2 or against
state administrators as referred to in Article 2 of the Law
Law Number 28 of 1999 concerning State Administrators
Clean and Free from Corruption, Collusion, and Nepotism, not to
commit corruption.
This reverse proof is applied to the new criminal offense of
gratification and against claims for confiscation of the defendant's property which
presumed to originate from one of the criminal acts referred to in
in Article 2, Article 3, Article 4, Article 13, Article 14, Article 15, and Article
16 Law No. 31/1999 on the Eradication of Acts
Corruption and Article 5 to Article 12 of this Law.
This law also stipulates the right of the state to file
a civil lawsuit against the convict's hidden property
or hidden and only known after a court decision
obtain permanent legal force. Hidden treasure
or hidden is suspected or reasonably suspected to have originated from
corruption crime. Civil lawsuits are carried out against convicts and/or
his heirs. To carry out the lawsuit, the state can appoint
power to represent the country.
Furthermore, in this Law, new provisions are also regulated
regarding the maximum imprisonment and fines for criminal acts
corruption whose value is less than Rp. 5,000,000.00 (five million rupiah).
This provision is intended to eliminate a sense of injustice
for perpetrators of criminal acts of corruption, in terms of the value being corrupted is relatively small.
In addition, this Law includes provisions for:
transition. The substance in these Transitional Provisions is basically appropriate
with the general principles of criminal law as referred to in Article 1
paragraph (2) of the Criminal Code.

II. CHAPTER BY ARTICLE

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Article I
Number 1
Article 2 paragraph (2)
What is meant by "certain circumstances" in this provision are
circumstances that can be used as a reason for criminal aggravation for the perpetrators
corruption, that is, if the crime is committed
on funds earmarked for the management of the situation
danger, national natural disaster, response to social unrest kerusuhan
widespread, overcoming the economic and monetary crisis, and
repetition of corruption.
Number 2
Article 5
Paragraph (1)
Quite clear
Paragraph (2)
What is meant by "state organizer" in this Article is
state administrators as referred to in Article 2 of the Law
Law Number 28 of 1999 concerning State Administrators
Clean and Free from Corruption, Collusion, and Nepotism. Definition
The "state administrator" also applies to articles
next in this Act.
Article 6
Quite clear
Article 7
Quite clear
Article 8
Quite clear
Article 9
Quite clear
Article 10
Quite clear

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Article 11
Quite clear
Article 12
letter a
Quite clear
letter b
Quite clear

letter c
Quite clear
letter d
What is meant by "advocate" is a person whose profession is giving
legal services both inside and outside the court that fulfill
requirements in accordance with the provisions of laws and regulations
applicable
letter e
Quite clear
letter f
Quite clear
letter g
Quite clear
letter h
Quite clear
Letter I
Quite clear
Number 3
Article 12 A

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Quite clear
Article 12 B
Paragraph (1)
What is meant by "gratification" in this paragraph is the provision of
in a broad sense, which includes giving money, goods, rebates (discounts),
commissions, interest-free loans, travel tickets, lodging facilities,
travel, free medical treatment, and other facilities.
The gratuities are received both domestically and abroad
country and carried out using electronic means or
without electronic means.
Paragraph (2)
Quite clear
Article 12 C
Quite clear
Number 4
Article 26 A
letter a
What is meant by "stored electronically" is for example data that is
stored in microfilm, Compact Disk Read Only Memory (CD-ROM)
or Write Once Read Many (WORM).
What is meant by "optical instrument or similar" in
This paragraph is not limited to electronic data communication (electronic data).
interchange), electronic mail (e-mail), telegram, telex, and facsimile.
letter b
Quite clear
Number 5
Article 37
Paragraph (1)
This article is a balanced consequence of the application of evidence
against the defendant. Defendant still needs protection
impartial law on violations of the fundamental rights that

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related to the presumption of innocence
and self-blame (non-self-incrimination).
Paragraph (2)
This provision does not adhere to a negative evidence system according to
the law (negative wettelijk).
Article 37 A
Quite clear
Number 6

Article 38 A
Quite clear
Article 38 B
The provisions in this Article constitute reverse evidence that
devoted to the confiscation of property which is strongly suspected as well
stems from a criminal act of corruption based on one of the indictments
as referred to in Article 2, Article 3, Article 4, Article 13, Article
14, Article 15, and Article 16 of Law Number 31 of 1999
concerning the Eradication of Criminal Acts of Corruption and Articles 5 to
with Article 12 of this Law as a principal crime.
Consider whether all or part of the property
confiscated for the state submitted to the judge with consideration dengan
humanity and life insurance for the accused.
The rationale for the provisions as referred to in paragraph (6) is
logical reasons for the release or release of the defendant
of all lawsuits from the main case, it means that the defendant is not
perpetrators of corruption in this case.
Article 38 C
The rationale for the provisions in this Article is to fulfill the taste
public justice against perpetrators of criminal acts of corruption who
conceal property that is suspected or reasonably suspected to have come from
corruption.
The property is known after the court's decision obtains
permanent legal force. In that case, the state has the right to
file a civil lawsuit against the convict and/or his heirs
against property obtained before the court's decision
obtain permanent force, whether the decision is based on

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Laws prior to the enactment of Law Number 31 Years
1999 concerning the Eradication of Criminal Acts of Corruption or after
the enactment of the Act.
To carry out the lawsuit, the state can appoint its proxy
to represent the country.
Number 7
Quite clear
Number 8
Quite clear
Article II
Quite clear

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4150

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