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Anti-Corruption Portal
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Indonesia Plans to Revise Anti-Corruption Legislation

The Indonesian government is considering a proposal to align its anti-corruption legislation with international standards.

On 26 October, Indonesian President Prabowo Subianto reviewed proposals from the National Economic Council (DEN) to improve the country's anti-corruption legislation. In particular, the discussion focused on possible amendments to Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as amended by Law No. 20 of 2001.

According to Coordinating Minister for Law, Human Rights, Immigration and Correction Yusril Ihza Mahendra, Indonesia ratified the United Nations Convention against Corruption (UNCAC) in 2006, but its provisions have not yet been fully incorporated into national legislation.

In particular, Indonesian law does not currently contain specific provisions criminalising the bribery of foreign public officials. Introducing such provisions is one of the requirements Indonesia must meet as part of its accession process to the Organisation for Economic Co-operation and Development (OECD). The country aims to become an OECD member by 2028.

The National Economic Council's recommendations cover several areas:

  • refining the definitions of corruption offences and the evidentiary requirements for proving state financial losses. As the National Economic Council emphasises, the proposal does not seek to remove state financial losses as an element of the relevant corruption offences;
  • introducing legal safeguards for policy and business decisions made in good faith, in accordance with established procedures and without conflicts of interest;
  • criminalising acts covered by UNCAC that are not yet addressed under national legislation, including the bribery of foreign public officials;
  • developing an omnibus law on state finances to clarify the legal status of state assets.

No final decision on the proposed amendments has been made. The President has instructed that a more in-depth study be conducted to assess the proposed measures and their compatibility with Indonesia's national legal system. The findings will inform further decisions on whether to proceed with legislative amendments.

Tags
Conflict of interest
Foreign bribery
Criminal prosecution
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