Legal Implications and Regulatory Formulation of Private Sector Bribery as a Corruption Offense in Indonesia

Abstract

This article explores the qualification of bribery in the private sector as a criminal offence in Indonesia. No specific positive legal regulation can prosecute individuals involved in private-sector corruption, resulting in a legal vacuum. Criminal law must consider realising a just and prosperous society, and the costs of criminalizing such acts (bribery in the private sector) should be balanced with the outcomes to be achieved. Although Indonesia's Law on the Eradication of Corruption (Law No 31 of 1999, as amended by Law No 20 of 2001) lags and is not in line with the United Nations Convention against Corruption, Indonesia should align its national criminal law with UNCAC, particularly Article 21 of UNCAC. By introducing new concepts and formulating provisions regarding bribery in the private sector in the law on the Eradication of Corruption, as well as implementing the Deferred Prosecution Agreement (DPA), it is hoped that future cases of bribery in the private sector in Indonesia can be effectively addressed.