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General Information

GDP USD868.35bn (World ranking 16, World Bank 2013)
Population 246.87 million (World ranking 4, World Bank 2013)
Form of state Republic
Head of government Joko WIDODO
Next elections 2019, presidential and legislative

 

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PRODUCTS IN INDONESIA

Data Protection

Indonesia

Contribution Details

K&K advocates – intellectual Property

bri building ii, Fl. 15, Suite 1502

Jl. Jend. Sudirman Kav.44-46

Jakarta 10210 – Indonesia

Justi Kusumah (Managing Partner)

Risti wulansari (Partner)

Atiya arifah (associate)

Law

Specific regulations

Law No. 11 of 2008 regarding Electronic Information and Transaction (the “EIT Law”) and the recently issued the Government Regulation No. 82 of 2012 regarding Provision of Electronic System and Transaction (“Reg. 82”), which just came into force on 15 October 2012.

 

Prior to promulgation of Reg. 82, provisions regulating data protection and/or collection of personal data/personal information were scattered under various regulations.

In addition to the provisions under EIT Law and Reg. 82, there are also a series of regulations which also cover certain provisions which may relate to data protection, such as:

■     Telecommunications Sector

Article 40 of Law No. 36 of 1999 regarding Telecommunications (the “Telecommunications Law”) provides that any person is prohibited from any kinds of tapping on information transmitted through any kinds of telecommunications network. Furthermore, Article 42 of

the Telecommunications Law stipulates that any telecommunications services operator has to keep confidential any information transmitted and/or received by telecommunications service subscriber through telecommunications networks and/or telecommunications services provided by the relevant operator.

■     Public Information Sector

Article 6 of Law No. 14 of 2008 regarding Disclosure of Public Information provides that any information relating to personal rights is prohibited from distribution by public agencies or entities. Furthermore, Article 17 of the relevant law also prohibits the disclosure of

private information of any person, particularly which concerns family history; medical and psychological history; financial information (including assets, earnings and bank records); evaluation records concerning a person’s capability/recommendation/intellectual, formal/ informal education records.

■     Banking and Capital Markets Sectors

Data privacy in this sector is regulated under Law 7 of 1992 as amended by Law 10 of 1998 on Banking (“Banking Law”) and Law 8 of 1995 on Capital Markets (“Capital Markets Law”) respectively. The regulations apply to both individuals and corporate data.

Bank Indonesia’s Regulation No. 7/15/PBI/2007 on the Implementation of Risk Management in the Utilization of Information Technology by the Bank stipulates that the bank’s customer data transfer (by way of establishing a data centre or a data processing outside Indonesia territory) necessitates prior approval being obtained from Bank Indonesia.

In addition, the transfer of the bank’s customer data for purposes other than banking transactions requires the customer’s prior consent.

Definition of Personal Data

Reg. 82 defines personal data as: data of an individual, which is stored, kept, and of which its confidentiality and truth is maintained.

Definition of Sensitive Personal Data

Currently, there is no specific definition on sensitive personal data under the prevailing laws and regulations.

National Data Protection Authority

There is no national data protection authority for data privacy in general in Indonesia. The Capital Markets and Financial Bodies Supervisory Body (“Bapepam LK”) acts as

Regulator of data privacy in the capital markets sector.

Bank Indonesia also acts as the regulator with regard to banks’ customer data privacy issues.

Registration

Indonesia does not maintain a register of controllers or of processing activities.

Data Protection officers

There is no requirement in Indonesia for organizations to appoint a data protection officer.

Collection and Processing

According to general law principles, data controllers may collect and process personal data when any of the following conditions are met:

■     the data subject consents;

■     the data controller needs to process the data to enter into or carry out a contract to which the data subject is a party;

■     the processing satisfies the data controller’s legal obligation;

■     the processing is required by the Government of Indonesia or by law, or to perform a public

function in the public interest, or to administer justice; or

■     the data controller has a legitimate reason for the processing, except if the processing would

damage the data subject’s rights, freedoms or other legitimate interests.

Both EIT Law and Reg. 82 specifically regulate the obligation to obtain “consent” from the owner of a personal data in the case of data collection, use and processing.

Reg. 82 provides the specific provisions on the obligation to set up a data center in Indonesia, namely:

■     Before an Electronic System is implemented, the provider of an Electronic System has to obtain a Electronic certificate from the Ministry of Communication, Information and Technology (“MCIT”).

■     In providing the provision of an Electronic System, the provider should certify that its Electronic System is secure, continuous, and that the personal data obtained, used and utilized is based on the owner’s prior consent and that the disclosure of the personal data is conducted in accordance with the owner’s prior consent and is in line with the objectives as disclosed to the relevant owner.

■     The provider of the Electronic System is also obliged to provide audit track records.

Transfer

Reg. 82 regulates the transfer of data in Article 22 which provides that in any case that electronic information and/or electronic document is transferred, the provider has to explain the control and possession of the electronic information and/or electronic document.

Security

The obligations of Electronic System Providers are regulated under Reg. 82 and amongst other

things:

■     Guarantee the confidentiality of the source code of the software (Article 9);

■     Ensure agreements on minimum service level and information security as well internal communication security (Article 12);

■     Protect and ensure the privacy and personal data protection of users (Article 15);

■     Ensure the appropriate lawful use and disclosure of the personal data (Article 15);

■     Provide data centre and disaster recovery centre (Article 17);

■     Provide the audit records on all Provision of Electronic Systems activities (Article 18); and

■     Provide information in the Electronic System based on legitimate request from investigators for certain crimes (Article 29).

On the telecommunication sector, Article 19 of Minister of Communication and Informatics Regulation No. 26/PER/M.KOMINFO/05/2007 regarding the Security and Utilisation of Internet Protocol-based Telecommunications Network (“MR 26/2007”) also provides that the

telecommunication service provider is responsible for data storage due to its obligation to record

its log file for at least 3 months.

Breach notification

Article 15 Paragraph 2 of Reg. 82 provides that the provider of a Electronic System must provide written notification to the owner of personal data, upon its failure to protect the personal data.

Article 20 Paragraph 3 of Reg. 82 provides that the provider of Electronic System must

make the utmost effort to protect personal data and to immediately report any failure/serious system interference/disturbance to a law enforcement official or Supervising Authority of telecommunications sector.

Enforcement

In Indonesia, the sanctions for breaches of data privacy are found under the relevant legislation and are essentially fines. Imprisonment may be imposed in severe instances such as in the event of intentional infringement.

■     The EIT Law provides criminal penalties ranging from; Rs. 600,000,000 fine to Rs.

800,000,000 and/or 6 to 8 years imprisonment for unlawful access; Rs. 800,000,000 fine and/ or 10 years imprisonment for interception/wiretapping of transmission; to Rs. 2,000,000,000 to Rs. 5,000,000,000 and/or 8 to 10 years imprisonment for alteration, addition, reduction, transmission, tampering, deletion, moving, hiding Electronic Information and/or Electronic Records.

■     Failure to comply with Reg. 82 is subject to administrative sanctions (which do not eliminate any civil and criminal liability). These administration sanctions are in the forms of:

–  Written warning;

–  Administrative fines;

–  Temporary dismissal; and/or

–  Expelled from the list of registrations (as required under the regulation).

■     Banking Law

Under Article 44 of the Banking Law, any commissioner, director or employee of a bank or its affiliates who intentionally provides information which has to be kept secret may be sentenced to imprisonment for not less than two years but not more than four years, and fined at least four billion but not more than eight billion Indonesian Rupiah.

■     Capital Markets Law

Under Capital Markets Law, the Capital Market and Financial Institutions Regulatory Body (BAPEPAM LK is empowered to impose the following administrative sanctions for breaches of the provisions dealing with data protection). The sanctions comprise:

–  a written reminder;

–  a fine;

–  limitations on business;

–  suspension of business;

–  revocation of business licence;

–  cancellation of approval;

–  cancellation of registration; or

–  ET Law.

Electronic Marketing

EIT Law and Reg. 82 do not specifically address electronic marketing.

Article 25 of the EIT Law provides that Internet website, amongst other things, is acknowledged and protected as an Intellectual Property (IP) and consequently, should fall under the ambit of the relevant IP laws, which may in certain cases fall under the Indonesian Copyright Law.

Online Privacy (Including Cookies and Location Data)

There is currently no laws and regulations concerning cookies and location data.

However, if the data collected by cookies or location data is obtained from by the unlawful access of another party’s electronic information, this is subject to 6 to 8 years imprisonment

And/or a fine of Rs. 600,000,000 to Rs. 800,000,000.

(Adopted on: Number 31, 1999)

Considering:

a. Corruption is detrimental to the finances of the state or the economy of the state and inhibits national development, hence it must be eradicated in the context of creating an equitable and prosperous society based on Pancasila and the 1945 Constitution;
b. The consequences of recent corruption, in addition to being detrimental to the finances of the state or the economy of the state, also inhibit growth and the sustainability of national development which demand the highest of efficiency;
c. Law No. 3/1971 regarding the Eradication of Criminal Acts of Corruption is no longer applicable in light of developments in the legal needs of society. Therefore it must be replaced with a new law regarding the Eradication of Criminal Acts of Corruption and is hence expected to be more effective in preventing and eradicating corruption;
d. based on the considerations as referred to in letters a, b, and c, a new law regarding the Eradication of Criminal Acts of Corruption shall be required.

In view of:

1. Article 5 paragraph (1) and Article 20 paragraph (1) of the 1945 Constitution:

2. The Stipulation of the People’s Consultative Assembly No. XI/MPR/1998 regarding a Clean and Corruption-free, Collusion-free and Nepotism-free State Administrator;
with the approval of

The People’s Consultative Assembly of the Republic of Indonesia

Has Decided:
To stipulate: Law Regarding the Eradication of Criminal Acts of Corruption
Chapter I General Provisions
Article 1 Referred to in this law as:

1. A corporation shall be an organized group of persons and/or assets both as legal entities as well as non-legal entities.

2. Civil Servants shall comprise:
a. Civil servants as referred to in the Law Regarding Employment;
b. Civil servants as referred to in the Criminal Code

c. Persons receiving salaries or wages from the state or regional treasury;
d. Persons receiving salaries or wages from a corporation receiving assistance from state or regional treasury;
e. Persons receiving salaries or wages from other corporations using capital or facilities of the state or the public.
3. Every person shall be considered an individual or a member of a corporation.
Chapter II Criminal Acts of Corruption
Article 2

(1) Anyone unlawfully enriching himself and/or other persons or a corporation in such a way as to be detrimental to the finances of the state or the economy of the state shall be liable to life in prison, or a prison term of not less than 4 (four) years and not exceeding 20 (twenty) years and a fine of not less than Rap 200,000,000 (two hundred million rupee) and not exceeding Rap 1,000,000,000 (one billion rupee).
(2) In the event that corruption as referred to in paragraph (1) is committed under certain circumstances, capital punishment may be applied.
Article 3
Anyone with the intention of enriching himself or other persons or a corporation, abusing the authority, the facilities or other means at their disposal due to rank or position in such a way that is detrimental to the finances of the state or the economy of the state, shall be liable to life imprisonment or a prison term of not less than 1 (one) year and not exceeding 20 (twenty) years and/or a fine of not less than Rap 50,000,000 (fifty million rupee) and not exceeding Rap 1,000,000,000 (one billion rupee).
Article 4
Compensation for losses inflicted upon the finances of the state or the economy of the state shall not annul the punishment of the perpetrator of a criminal act of corruption as referred to in Article 2 and Article 3.
Article 5
Any person committing a crime as referred to in Article 209 of the Criminal Code shall be liable to a prison term of not less than 1 (one) year and not exceeding 5 (five) years and/or a fine of not less than Rp 50,000,000 (fifty million rupiah) and not exceeding Rp 250,000,000 (two hundred and fifty million rupiah).
Article 6
Any person committing the criminal acts as referred to in Article 210 of the Criminal Code shall be liable to a prison sentence of not less than 3 (three) years and not exceeding 15 (fifteen) years and a fine of not less than Rap 150,000,000 (one hundred and fifty million rupiah) and not exceeding Rp 750,000,000 (seven hundred and fifty million rupiah).
Article 7
Any person committing the criminal acts referred to in Article 387 or Article 388 of the Criminal Code shall be liable to a prison term of not less than 2 (two) years and not exceeding 7 (seven) years and/or a fine of not less than Rp 100,000,000 (one hundred million rupiah) and not exceeding Rp 350,000,000 (three hundred and fifty million rupiah).
Article 8
Any person committing the criminal acts referred to in Article 415 of the Criminal Code shall be liable to a prison term of not less than 3 (three) years and not exceeding 15 (fifteen) years and a fine of not less than 150,000,000 (one hundred and fifty million rupiah) and not exceeding Rp 750,000,000 (seven hundred and fifty million rupiah).
Article 9
Any person committing the criminal acts as referred to in Article 416 of the Criminal Code shall be liable to a prison term of not less than 1 (one) year and not exceeding 5 (five) years and a fine of not less than Rp 50,000,000 (fifty million rupee) and not exceeding Rp 250,000,000 (two hundred and fifty million rupiah).

Article 10

Any person committing the criminal acts as referred to in Article 417 of the Criminal Code shall be liable to a prison term of not less than 2 (two) years and not exceeding 7 (seven) years and a fine of not less than Rap 100,000,000 (one hundred million rupiah) and not exceeding Rp 350,000,000 (three hundred and fifty million rupiah).
Article 11
Any person committing the criminal acts as referred to in Article 418 of the Criminal Code shall be liable to a prison term of not less than 1 (one) year and not exceeding 5 (five) years and/or a fine of not less than Rp 50,000,000 (fifty million rupiah) and not exceeding Rp 250,000,000 (two hundred and fifty million rupiah).
Article 12

Any person committing the criminal acts as referred to in Article 419, Article 420, Article 423, Article 425 or Article 435 of the Criminal Code shall be liable to life imprisonment, or a prison term of not less than 4 (four) years and not exceeding 20 (twenty) years and a fine of not less than Rp 200,000,000 (two hundred million rupiah) and not exceeding Rp 1,000,000,000 (one billion rupiah).

Article 13
Any person rendering gifts or promises to civil servants in view of the powers and authority attached to their respective ranks or positions, or deemed by the person rendering such gifts or promises to be attached to the aforementioned rank or position, shall be liable to a prison term not exceeding 3 (three) years and/or a fine not exceeding Rp 150,000,000 (one hundred and fifty million rupiah).

Article 14
Any person violating the provision of the law which clearly states that violations against the provisions of the aforementioned law shall be regarded as corruption shall be liable to the provisions of this law.
Article 15
Any person attempting, abetting or maliciously conspiring to commit criminal acts of corruption shall be liable to the same penalties as referred to in Article 2, Article 3, Article 5 up to and including Article 14.
Article 16
any person outside the territory of the Republic of Indonesia rendering assistance, opportunities, means or information to enable the commission of criminal acts of corruption shall be liable to the same penalties as referred to in Article 2, Article 3, Article 5 up to and including Article 14.
Article 17
In addition to being liable to the punishment referred to in Article 2, Article 3, and Article 5 up to and including Article 14, a defendant may be liable to additional penalties as stipulated in Article 18.
Article 18
(1) In addition to being liable to additional penalties as referred to in the Criminal Code, further additional penalties shall be as follows: a. The confiscation of tangible or intangible movable assets or fixed assets used to commit or being the proceeds of criminal acts of corruption, including the guilty party’s corporation where the criminal acts were perpetrated, and the same shall apply to the price of the assets used to replace the aforementioned assets; b. The payment of compensation, the amount of which shall not exceed the amount of assets obtained through such criminal acts of corruption; c. the winding up of the entire company or parts thereof shall take no longer than 1 (one) year; d. The revocation of all or certain rights or parts thereof or the abolishment of all or certain benefits or parts thereof obtained or to be granted by the government to the guilty party.
(2) In the event that the guilty party does not pay compensation as referred to in paragraph (1) letter b within 1 (one) month following the legal effect of a court verdict, the assets of such person may be seized by the prosecutor and auctioned off to cover the aforementioned restitution.
(3) In the event that the guilty party does not have sufficient assets to pay the compensation as referred to in paragraph (1) letter b, the guilty party shall be liable to a prison term which shall not exceed the principle penalty in accordance with the provisions herein and the duration of such penalty must already have been stipulated in a decision of a court of justice.
Article 19
(1) The decision of a court of justice regarding the seizure of assets not belonging to the guilty party shall not be applied if the interests of third parties acting in good faith would be harmed thereby.
(2) In the event that a decision of a court of justice as referred to in paragraph (1) also includes the assets of third parties acting in good faith, such third parties shall be entitled to submit a letter of objection to the court of justice concerned by no later than 2 (two) months following the pronouncement of the sentence in a public court session.

(3) The submission of such letter of objection as referred to in paragraph (2) shall not postpone nor terminate the execution of the court verdict.
(4) In the event intended in paragraph (2), the judge shall request a statement from the prosecutor and the parties concerned.
(5) An appeal against the stipulation of the judge as referred to in paragraph (2) may be filed with the Supreme Court.
Article 20
(1) In the event that corruption is committed by or on behalf of a corporation, prosecution and sentencing may be conducted against the corporation and/or its managers.
(2) Criminal acts of corruption committed by a corporation are action by persons either in the context of a working relationship or other relationships, undertaken within the environment of the aforementioned corporation, either singularly or jointly.
(3) In the event that a corporation is prosecuted, the aforementioned corporation shall be represented by its managers.

(4) Managers representing corporations as referred to in paragraph (3) may be represented by other persons.

(5) Judges may order that managers of a corporation appear before the court themselves and may also order that the aforementioned managers be escorted to court hearings.
(6) In the event that criminal charges are brought against a corporation, a summons to appear before the court and the dispatch of such summons shall be addressed to the place of residence of the managers or their offices.
(7) The principle charges that may be brought against a corporation shall only be in the form of fines providing that the maximum punishment be increased by 1/3 (one-third).
Chapter III Other Criminal Acts Related To Criminal Acts Of Corruption
Article 21
Any person intentionally preventing or obstructing, or directly or indirectly sabotaging investigations, prosecution and examinations of suspects or defendants or witnesses in corruption cases in a court of justice shall be liable to a prison term of not less that 3 (three) years and not exceeding 12 (twelve) years and/or a fine of Rap 150,000,000 (one hundred and fifty million rupee) and not exceeding Rp 600,000,000 (six hundred million rupiah).
Article 22
Any person as referred to in Article 28, Article 29, Article 35 or Article 36 refusing to provide information or providing false information shall be liable to a prison term of not less than 3 (three) years and not exceeding 12 (twelve) years and/or a fine of Rp 150,000,000 (one hundred and fifty million rupiah) and not exceeding Rp 600,000,000 (six hundred million rupiah).
Article 23

In corruption cases, violations against the provisions as referred to in Article 220, Article 231, Article 421, Article 422, Article 429 or Article 430 of the Criminal Code shall be liable to a prison term of not less than 1 (one) year and not exceeding 6 (six) years and/or a fine of Rp 50,000,000 (fifty million rupiah) and not exceeding Rp 300,000,000 (three hundred million rupiah).
Article 24
Witnesses not complying with the requirements as referred to in Article 31 shall be liable to a prison term not exceeding 3 (three) years and/or a fine not exceeding Rp 150,000,000 (one hundred and fifty million rupiah).
Chapter IV Investigation, prosecution and hearing in a court of justice
Article 25

Investigation, prosecution and hearing in a court of justice of corruption cases must have priority over other cases for prompt settlement.
Article 26
Investigation, prosecution and hearing in a court of law in corruption cases shall be conducted in accordance with the applicable criminal procedures, unless determined otherwise herein.
Article 27
In the event that a case of corruption is found to be difficult to prove, a joint team under the coordination of the attorney general may be formed.
Article 28
In the interests of an investigation, a suspect shall be obligated to provide statements regarding his entire wealth and the wealth of his spouse and children and the wealth of persons or corporations known or suspected of being connected with acts of corruption allegedly committed by the suspect.
Article 29
(1) For purposes of an investigation, prosecution or hearing in a court of justice, investigators, prosecutors or judges shall be authorized to request statements from banks regarding the financial condition of the suspect or defendant.
(2) Requests for information as referred to in paragraph (1) shall be submitted to the governor of Bank Indonesia in accordance with the applicable laws and regulations.
(3) The governor of Bank Indonesia shall be obligated to comply with such requests referred to in paragraph (2) by no later than 3 (three) working days from the complete receipt of the aforementioned request documents.
(4) Investigators, public prosecutors or judges may request that banks freeze any accounts in the name of the suspect or defendant if said accounts are thought to contain the proceeds of criminal acts of corruption.
(5) In the event that the results of investigations into suspects or defendants yield insufficient evidence, upon the request of investigators, public prosecutors or judges, banks may rescind the freezing of accounts.
Article 30
Investigators shall be entitled to open, examine and confiscate letters and consignments delivered through postal services, telecommunications or other means suspected of being connected to corruption cases being investigated.
Article 31
(1) In investigations and examinations in a court hearing, witnesses and other persons concerned with corruption cases shall be prohibited from mentioning the name or the address of the informant, or other attars which may reveal the identity of the informant.
(2) Prior to the convening of a trial, the witnesses and other such persons shall be notified of the prohibition as referred to in paragraph (1).
Article 32
(1) In the event that investigators find and deem there is insufficient evidence in one or more elements of the criminal acts of corruption, while it is clearly evident that there have been financial losses suffered by the state, investigators shall turn over the files of the investigations to the prosecutor/state attorney to file a civil suit or yield in favor of the office suffering the loss to file such suit.

(2) Acquittals in corruption cases shall not annul the right to file suit against the party for causing losses to the state.
Article 33
In the event of the demise of the suspect during investigation, whereas it is evident that there were without doubt losses suffered by the state, investigators shall then hand over the resulting dossiers to the prosecutor/state attorney or to the office suffering the loss to enable the filing of a civil suit against the heirs.
Article 34
In the event of the demise of the defendant during trial, whereas it is evident that there were without a doubt losses suffered by the state, investigators shall then hand over the resulting dossiers to the prosecutor/state attorney or to the office suffering the loss to enable the filing of a civil suit against the heirs.
Article 35
(1) Every person shall be obligated to testify as a witness or an expert if called upon, with the exception of the father, mother, grandfather, grandmother, siblings, spouse, children or grandchildren of the defendant concerned.
(2) Persons released as witnesses as referred to in paragraph (1) may be examined as witnesses upon their consent and upon the express approval of the defendant concerned.

(3) They shall be able to provide testimony without being sworn in, without the approval as referred to in paragraph (2).
Article 36
The obligation to testify as referred to in Article 35 shall also be applicable to those according to occupation, dignity and status or rank, with the exception of religious clergymen, whose faith obligates them to maintain confidentiality.
Article 37
(1) Defendants shall be entitled to prove that they were not involved in acts of corruption.
(2) In the event that defendants are able to prove that they were not involved in corruption, such information shall be used in their favor.
(3) Defendants shall be obligated to provide information regarding their entire wealth and the wealth of their spouse and children and of persons or corporations known to be or suspected of being connected with the case concerned.
(4) In the event that defendants cannot justify the discrepancy between their wealth and their income or means of enrichment, such information may be used to support existing evidence that the defendant was involved in corruption.
(5) Under the circumstances as referred to in paragraph (l), paragraph (2), paragraph (3) and paragraph (4), the public prosecutor shall remain under the obligation to prove the charges.

Article 38

(1) In the event that a defendant who has been duly summoned is absent from the court hearing without a valid excuse, a judgment may then be passed in the absence of the defendant.
(2) In the event that a defendant is absent during the following session prior to the handing down of a verdict, the defendant must then be examined, and all testimonies of witnesses and letters read out during previous sessions shall be deemed to have been read out in the current session.

(3) Verdicts passed in absentia shall be announced by the public prosecutor in a notice on the bulletin board of the court, regional government office, or notification given to legal representatives.
(4) Defendants or their legal representatives may appeal against verdicts as referred to in paragraph (1).
(5) In the event that a defendant passes away prior to the passing of a verdict and there is sufficient evidence that the defendant did indeed participate in corruption, judges, upon the request of the public prosecutor, shall then stipulate the confiscation of previously seized assets.
(6) No appeal may be filed against such stipulation of confiscation as referred to in paragraph (5).
(7) Every person concerned may submit objections to the court stipulating such stipulation as referred to in paragraph (5), by 30 (thirty) days as from the announcement referred to in paragraph (3).

Article 39

The attorney general shall coordinate and control the inquest, investigation and criminal prosecution of corruption conducted jointly by persons liable to trial in a general court or a military tribunal.
Article 40
In the event there is sufficient cause to press corruption charges in the environment of a military tribunal, the provisions as referred to in Article 123 paragraph (1) letter g of Law No.31/1997 regarding military tribunals shall not be applicable.
Chapter V Public Participation
Article 41
(1) the public shall be able to participate in assisting efforts in the prevention and eradication of corruption.
(2) Participation of the public as referred to in paragraph (1) may be realized in the following forms:
a. the right to seek, obtain and provide information regarding suspicions of the occurrence of acts of corruption;
b. the right to obtain services in seeking, obtaining and providing information regarding suspicions of crimes of corruption having occurred to law enforcement authorities handling criminal acts of corruption;
c. the right to convey advice and opinion in a responsible manner to law enforcement authorities handling criminal acts of corruption;
d. the right to obtain answers to questions regarding reports submitted to law enforcement authorities within 30 (thirty) days;
e. the right to obtain legal protection with regard to:
1. implementing their rights as referred to in letters a, b, and c;
2. summoned to be present during the inquiry, investigation process, and in court sessions as witnesses, expert witnesses, in accordance with the applicable laws and regulations.

(3) The public as referred to in paragraph (1) shall have the right and responsibility in an effort to prevent and eradicate acts of corruption.
(4) The right and responsibility as referred to in paragraph (2) and paragraph (3) shall be conducted with due adherence to the principles and provisions set forth in the applicable laws and regulations and with due adherence to religious and other social norms.
(5) Provisions regarding the procedures on the implementation of public participation in the prevention and eradication of criminal acts of corruption, as referred to in this article, shall be further stipulated by a government regulation.
Article 42
(1) The government shall grant commendations to members of the public who have rendered their assistance in efforts to prevent and eradicate acts of corruption.
(2) Provisions regarding commendations as referred to in paragraph (1) shall be further stipulated in a government regulation.
Chapter VI Miscellaneous Provisions
Article 43

(1) By no later than 2 (two) years from this law taking effect, a Corruption Eradication Commission shall be formed.
(2) The commission as referred to in paragraph (1) shall have the task and authority to coordinate and supervise, as well as to inquire, investigate and press charges in accordance with the provisions of the applicable laws and regulations.

(3) Membership in the commission as referred to in paragraph (1) shall comprise elements from the government and the public.
(4) The provision regarding the formation, organizational structure, work procedures, accountability, duties and authority as well as membership as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be set forth by law.

Chapter VII Closing Provisions
Article 44
As from the time this law takes effect, Law No. 3/1971 regarding the Eradication of Criminal Acts of Corruption (State Gazette Year 1971 No. 19, Supplement to the State Gazette No. 2958) shall be null and void.
Article 45
This Law shall be applicable as from the date of its stipulation. For public cognizance, ordering the stipulation of this Law by its announcement in the State Gazette of the Republic of Indonesia.

(Passed on: December 27, 2002)

Commission For The Eradication Of Criminal Acts Of Corruption With The Blessings Of The One God The President Of The Republic Of Indonesia

Considers:

a. that in the course of realizing a fair, bountiful, and prosperous community under the Panacea and the Constitution of the Republic of Indonesia of 1945, the eradication of criminal acts of corruption has not been optimally implemented.

Therefore, the eradication of corruption needs to be professionally, intensively, and continuously improved, as corruption has had dire consequences on the wealth and the economy of the nation, as well as hampering national development;

B. that government agencies that have handled corruption cases have not been functioning effectively and efficiently in eradicating corruption;

c. that according to article 43 of Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999, there is a need for the formation of an independent Corruption Eradication Commission to fight against corruption in Indonesia; bawl berdasarkan pertimbangan sebagaimana dimaksud dalam huruf a, huruf b, dan huruf c perlu membentuk Undang-Undang tentang Komisi Pemberantasan Tindak Pidana Korupsi;

Recalls:

1. Article 5 (1) and article 20 of the Constitution of the Republic of Indonesia of 1945;

2. Law No. 8 of 1981 on the Law of Criminal Procedure (State Gazzette of the Republic of Indonesia No. 76 of 1981, also additional State Gazette of the Republic of Indonesia No. 3209);

3. Law No. 28 of 1999 on Government Executives who are Clean and Free from Corruption, Collusion, and Nepotism (State Gazette of the Republic of Indonesia No. 75 of 1999, also additional State Gazette of the Republic of Indonesia No. 3851);

4. Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption (State Gazette of the Republic of Indonesia No. 140 of 1999, also additional State Gazette of the Republic of Indonesia No. 3874) as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999 (State Gazette of the Republic of Indonesia No. 134 of 2001, also Additional State Gazette of the Republic of Indonesia No. 4150); Under the Approval of the Parliament of the Republic of Indonesia And the President of the Republic of Indonesia

A Decision has been made on:

The implementation of: Law on the Commission to Eradicate Criminal Acts of Corruption

Chapter I

General Rulings

Article 1

Under this Law, the following are assumed:

1. A criminal act of corruption is a criminal act as defined by Law No. 31 of 1999 on the Eradication of Criminal Acts of Corruption, as improved by Law No. 20 of 2001 on the Changes in Law No. 31 of 1999.

2. A Government Executive is as described in Law No. 28 of 1999 on Government Executives who are clean and free from Corruption, Collusion, and Nepotism.

3. The eradication of criminal acts of corruption would be in the form of a chain of actions with the purpose of preventing and eradicating criminal acts of corruption through coordinated efforts, supervision, monitoring, investigations, indictments, prosecutions, and checks at courts, all to be done with as much participation on the part of the general public as the Law allows.

Article 2

With this Law a Commission for the Eradication of Criminal Acts of Corruption shall be formed, henceforth to be called the Commission for the Eradication of Corruption (KPK).

Article 3

The KPK is to be a State agency that will perform its duties and authority independently, free from any and all influence.

Article 4

The KPK is formed with the primary purpose of improving the effectiveness and efficiency of efforts to eradicate criminal acts of corruption.

Article 5

In the course of performing its tasks and authority, the KPK holds on to principles of:

A. legal certainty;

B. transparency;

C. accountability;

D. public interest; and

E. proportionality.

Chapter II

Tasks, Authority, and Obligations

Article 6

The KPK is tasked with:

A. coordinating with authorized institutions to eradicate corruption;

B. supervising authorized institutions in their activities of eradicating corruption;

C. conducting investigations, indictments, and prosecutions against criminal acts of corruption;

D. preventing criminal acts of corruption; and

E. monitoring the governing of the State.

Article 7

In performing its task of coordination as outlined in Article 6 (a), the KPK is authorized to:

A. coordinates investigations, indictments, and prosecutions against criminal acts of corruption;

B. implements a reporting system for the purposes of eradicating corruption;

C. request information on acts with him purpose of eradicating corruption from relevant institutions;

D. arrange opinion hearings and meetings with institutions authorized to eradicate corruption; and

E. request for reports from relevant institutions pertaining to the prevention of criminal acts of corruption.

Article 8

(1) In performing its task of supervision as outlined in Article 6 (b), the KPK is authorized to conduct surveillance, research, and studies on institutions whose tasks and authority are relevant in the fight against corruption, as well as on institutions that perform public service.

(2) In performing its authority as outlined in the previous sub-article (1), the KPK is authorized to take over an indictment or a prosecution process against a corruptor that is at that time being performed by the Police or the Prosecutor’s Office.

(3) Should the KPK takes over an indictment or a prosecution process, the Police or the Prosecutor’s Office is obliged to hand over the suspect along with all the case files and other documents and evidence within 14 working days, since the date the request from the KPK was received.

(4) The process of handing over proceedings to the KPK as outlined in the previous sub-article (3) should be carried out by formulating and signing a hand-over statement so as to ensure that all the tasks and authority of the Police or the Prosecutor’s Office will fall to KPK during the hand-over event.

Article 9

The process of taking over an indictment or a prosecution process as outlined in Article 8 will be carried out by the KPK should the following conditions prevail:

A. a report by a member of the general public about an act of corruption has been ignored;

B. the processing of the corruption case goes on for too long or is delayed without a valid reason;

C. the handling of the corruption case had been manipulated so as to protect the corruptor;

D. the handling of the corruption case is itself mired by corrupt acts;

E. the corruption case has been hampered by executive, legislative, or judicial interference; or

F. any other circumstances where the Police or the Prosecutor’s Office is unable to carry out the case responsibly and adequately.

Article 10

Should any circumstances listed in article 9 take place, the KPK will proceed to inform public indicters and prosecutors to take over a corruption case currently being handled.

Article 11

In performing its tasks as outlined in Article 6 (c), the KPK is authorized to conduct investigations, indictments, and prosecutions against corruption cases that:

a. involve law enforcement officers, government executives, or other parties connected to corrupt acts committed by law enforcement officers or government executives;

B. have attracted the attention and the dismay of the general public; and/or

C. involves a loss to the State of at least Rap 1,000,000,000 (1 billion Rupees).

Article 12

(1) In performing its investigation, indictment, and prosecution tasks as outlined in Article 6 (c), the KPK is authorized to:

A. tap into communication lines and record conversations;

B. orders the relevant institution to ban an individual(s) from traveling abroad;

C. request information from banks or other financial institutions about the financial details of a suspect or defendant;

D. order banks or other financial institutions to block accounts suspected to harbor the gains of corrupt activities of a suspect, defendant, or other connected parties;

E. orders the superior of a suspect to temporarily terminate the suspect from office;

F. request data on the wealth and tax details of a suspect or defendant from the relevant institutions;

g. temporarily halt financial transactions, trade transactions, and other forms of contract, or to temporarily annul permits, licenses, and concessions owned by suspects or defendants, assuming that preliminary evidence points to connections to a corruption case currently being investigated;

H. request assistance from Interpol Indonesia or the law enforcement institutions of other nations to conduct searches, arrests, and confiscations in foreign countries;

I. request assistance from the Police or other relevant institutions to conduct arrests, confinements, raids, and confiscations in corruption cases currently under investigation.

Article 13

In performing the prevention tasks as outlined in Article 6 (d), the KPK is authorized to conduct the following preventive measures:

A. to construct lists and conduct checks on reports on the wealth of government executives;

B. to receive reports on, and decide on the status of gratification;

C. to run anti-corruption education programs on every level of education;

D. to design and push for the implementation of a socialization program against criminal acts of corruption;

E. to conduct anti-corruption campaigns for the benefit of the general public;

F. to conduct bilateral or multilateral co-operations in the context of eradicating corruption.

Article 14

In performing its monitoring tasks as outlined in Article 6 (e), the KPK is authorized to:

A. conduct reviews of the administration management systems of all State institutions;

B. to provide suggestions to the leaders of State agencies should the Kapok’s reviews reveals an administration management system that is prone to corruption;

C. to report to the President, the Parliament, and the State Auditor, should the suggestions of the KPK be ignored by potentially corrupt State agencies.

Article 15

The KPK is obliged to:

A. provide protection to witnesses or whistle-blowers providing reports and information regarding corrupt acts;

b. provide information to members of the general public who needs assistance in procuring, or have provided help for the KPK in obtaining data relating to the results of Kapok’s prosecutions;

C. to construct a yearly report and convey it to the President, the Parliament, and the State Auditor;

D. to uphold the oath of office;

E. to perform its tasks, authority, and responsibilities according to the principles outlined in Article 5.

Chapter III

Reporting Procedures and Deciding on the Status of Gratification

Article 16

Each civil servant or government executive who has accepted gratification is obliged to inform the KPK, in the manner outlined as follows:

a. The report shall be delivered in writing in the format of a KPK Reporting Form, along with the document connected to the gratification.

b. The form as mentioned in (a) shall at least contain:

1) The full name and address of the party offering the gratification, and of the party receiving the gratification;

2) The office of the civil servant or the government executive;

3) The place and time the acceptance of the gratification occurred;

4) A description of the gratification received; and

5) The value of the gratification received.

Article 17

(1) The KPK, within 30 days of receiving a report on gratification, must decide on the status of the ownership of gratification, along with further considerations.

(2) When deciding the ownership status of gratification as meant by the previous sub article

(1) The KPK may summon the receiver of gratification to provide information related to the acceptance of gratification.

(3) The ownership status of gratification as outlined in sub article (1) is to be decided by the Commissioners of the KPK.

(4) The decision of the Commissioners of the KPK as outlined in article (3) could be in the form of deciding upon the ownership status of gratification for the receiver of gratification, or that the gratification will be annexed by the State.

(5) The KPK is obliged to convey the decision on the ownership status of gratification as outlined in Article 4 to the receiver of gratification at the latest seven days since the date the decision has made.

(6) Any gratification annexed by the State must be delivered at the latest seven days since the decision to annex was made.

Article 18

The KPK is obliged to declare any gratification that has been annexed by the state at least once a year in the State News.

Chapter IV

Station, Responsibilities, and Organizational Structure

Article 19

(1) The KPK is domiciled at the capital of the Republic of Indonesia, whilst its jurisdiction covers the whole area of the Republic of Indonesia.

(2) The KPK is allowed to form proxies in all other provinces.

Article 20

(1) The KPK is held responsible to the public to perform its duties. The KPK is also obliged to convey reports transparently and regularly to the President, the Parliament, and the State Auditor.

(2) Responsibility to the public as outlined in the previous sub-article (1) is to be expressed in these manners:

A. an obligation to audit Kapok’s own synergy and financial responsibility, in accordance to the Kapok’s work program;

B. provides annual reports;

C. open access to information.

Article 21

(1) The KPK as outlined in Chapter 3 is composed of:

a. Five Commissioners to act as the leaders of the KPK;

b. A team of advisors composed of five members; and

c. KPK Staff to conduct tasks.

(2) The Leaders of the KPK as outlined in the previous sub-article (1-a) are to be structured in this manner:

a. The Chairman of the KPK, who is also a member of the Commissioners; and

B. Four Vice-chairmen, each a member of the Commissioners.

(3) The Leaders of the KPK as outlined in sub-article (1-a) are government officials.

(4) The Leaders of the KPK as outlined in sub-article (1-a) are public indictors and prosecutors.

(5) The Leaders of the KPK as outlined in sub-article (2) perform their tasks collectively.

(6) The Leaders of the KPK as outlined in sub-article (1-a) are the highest holders of responsibility at the KPK.

Article 22

(1) The KPK is authorized to elect an Advisory Team as outlined in Article 21 (1-b), from amongst candidates proposed by a selection panel.

(2) A selection panel as outlined in the previous sub-article (1) is to be formed by the KPK.

(3) The selection panel announces the acceptance of new candidates and is active in gathering candidates, who have been invited based on the will and the input of the general public.

(4) Candidates for the Advisory Team as outlined in sub-article (3) must be publicized in order to invite the input of the general public before they are selected and raised into office by the KPK.

(5) After receiving input from the public, the selection panel appoints eight Advisory Team candidates, from which the KPK will select four members.

(6) The activities outlined in the previous sub-articles (1 to 5) must be carried out at the latest three months as of the formation of the selection panel.

Article 23

The Advisory Team functions to provide suggestions and considerations according to his/her specialty within the KPK in the context of the execution of the Kapok’s tasks and authority.

Article 24

(1) The Advisory Team as outlined in Article 22 will be composed of Indonesian nationals who have been appointed by the KPK by virtue of their expertise.

(2) KPK Staff as outlined in Article 21 (1-c) will be composed of Indonesian nationals who have been appointed by the KPK by virtue of their skill.

(3) Rules concerning the conditions and procedures governing the appointment of KPK Staff shall be included in future KPK Decisions.

Article 25

(1) The KPK:

A. decides on policies and organization procedures on the conducting of the Kapok’s duties as well as its authority;

B. appoints and terminates the Head of Department, Head Secretary, Head of Sub department, and other staff within the KPK;

C. decides the criteria under which corruption cases will be handled.

(2) Rules concerning procedural issues of the KPK shall be regulated further through future KPK Decisions.

Article 26

(1) The KPK Commissioners shall be composed of the Chairman and four Vice chairmen.

(2) The KPK Leaders shall command four Deputies:

A. the Deputy of Prevention;

B. the Deputy of Legal Actions;

C. the Deputy of Information and Data; and

D. the Deputy of Internal Monitoring and Public Complaints.

(3) The Deputy of Prevention shall command these Directorates:

a. The Directorate of Inventorizations and Checks on Reports on the Wealth of Government Executives;

b. The Directorate of Gratification;

c. The Directorate of Public Education and Service;

d. The Directorate of Research and Development.

(4) The Deputy of Legal Actions shall command these Directorates:

a. The Directorate of Investigations;

b. The Directorate of Indictments; and

c. The Directorate of Prosecutions.

(5) The Deputy of Information and Data shall command these Directorates:

a. The Directorate of Information and Data Processing;

b. The Directorate of Fostering Networks between Commissions and Institutions; and

c. The Directorate of Monitoring.

(6) The Deputy of Internal Monitoring and Public Complaints shall command these Directorates:

a. The Directorate of Internal Monitoring;

b. The Directorate of Public Complaints.

(7) The Directorates of Investigations, Indictments, and Prosecutions, each shall command Task Units to serve the functions of each directorate.

(8) Rules regarding the Deputies and each of their Directorates shall be further reviewed and updated by future KPK Decisions.

Article 27

(1) In performing its tasks and authority, the KPK is assisted by the Secretary General.

(2) The Secretary General shall be appointed and terminated by the President.

(3) Concerning the performance of tasks, the Secretary General shall be responsible to the KPK Commissioners.

(4) Rules concerning the tasks and functions of the Secretary General shall be further reviewed and updated by future KPK Decisions.

Article 28

The KPK may conduct co-operations with other parties with the purpose of developing and cultivating the KPK Organization.

Chapter V

KPK Commissioners

Article 29

In order to be eligible to be appointed a KPK Commissioner, a candidate must be:

a. An Indonesian citizen;

B. Devoted to the One God;

c. Physically and mentally fit;

D. Has an undergraduate degree in Law or other degrees of expertise as well as at least fifteen years of experience in areas of Law, Economics, Finance, or Banking;

E. Is at least forty years old and at most sixty-five years old during the year of selection;

f. Has never acted improperly;

G. Is competent, honest, has a high moral integrity, and is of good repute;

H. Is not a caretaker of a political party;

I. Relinquishes all other offices while being a member of the KPK;

j. Does not pursue his/her profession while a member of the KPK;

K. Publicizes his/her wealth according to the prevailing laws.

Article 30

(1) KPK commissioners as outlined in Article 21 (1-a) shall be selected by the parliament from a pool of candidates offered by the President.

(2) In order to ensure the smoothness of the selection and appointment processes of the KPK Commissioners, the Government appoints a selection committee to implement the rules of this Law.

(3) The membership of the committee outlined in the previous sub-article (2) shall be composed of government and private individuals.

(4) When formed, the selection committee as outlined in (3) shall announce the candidate selection.

(5) The recording process of candidates shall be performed in fourteen consecutive working days.

(6) The selection committee shall invite the public for feedback concerning the candidates as outlined in (4).

(7) Feedback as outlined in (6) must be conveyed to the selection committee at the latest one month after the announcement had been made.

(8) The selection committee shall decide the names of candidates to be presented to the President.

(9) As late as fourteen days since the list of candidate names has been received by the President, he/she shall convey twice the amount of possible members to the Parliament.

(10) The Parliament is obliged to appoint five candidates as outlined in Article 9, within three months of accepting the President’s counsel.

(11) The Parliament is obliged to decide among the candidates as outlined in the previous sub-article (10), one Chairman and four Vice-chairmen of the KPK.

(12) The appointed candidates shall be conveyed back to the President as late as seven days since appointment has been made, to then be legalized by the President.

(13) The President is obliged to legalize the appointed candidates as late as thirty days since receiving the Parliament’s letter conveying the appointed candidates’ names.

Article 31

The process of candidacy and appointment of KPK members as outlined in Article 30 shall be carried out transparently.

Article 32

(1) A Commissioner shall leave office when:

a. He/she passes on from this world;

B. His/her term of office has ended;

c. He/she becomes convicted of a criminal act;

d. He/she is unable to perform for more than three consecutive months;

e. He/she resigns; or

f. He/she violates this Law and therefore has to leave office.

(2) When a KPK Commissioner becomes a suspect of a criminal act, he/she shall be temporarily relinquished from office.

(3) Termination as outlined in sub-articles (1) and (2) shall be decided on by the President.

Article 33

(1) Should at any time the office of the Commissioners is empty, the President shall suggest candidates for replacement to the Parliament.

(2) The procedure for the selection and appointment of replacement candidates shall be carried out as outlined in Articles 29, 30, and 30.

Article 34

The Commissioners of the KPK shall hold office for a term of four years, and may be reappointed for one term.

Article 35

(1) Before holding office, the Chairman and Vice-chairmen of the KPK shall swear by his/her religion before the President.

(2) The swear/oath as outlined in (1) shall be:

“I do solemnly swear/promise to perform this task, directly or indirectly, under any name or manner, to not give or promise any manner of thing to anyone”.

“I do solemnly swear/promise that I, in the course of performing my duties, will never receive directly or indirectly any manner of thing or promise from anyone”.

“I do solemnly swear/promise that I will remain loyal to and uphold and practice the Panacea as the foundation of the State, the Constitution of the Republic of Indonesia of 1945, and the prevailing laws and regulations of the Republic of Indonesia”.

“I do solemnly swear/promise that I will always perform my duties and authority seriously, thoroughly, objectively, honestly, courageously, justly, without discriminating by rank, tribe, religion, race, gender, and certain classifications and will perform my obligations to the best of my abilities, being fully responsible to the One True God, the people, the nation, and the State”.

“I do solemnly swear/promise that I will always refuse or decline to accept or decline to be influenced by the interventions of anyone and that I will remain firm to the performance of my duties and authority as has been bestowed by the Law to me”.

Article 36

KPK Commissioners are disallowed from:

a. Engaging in direct or indirect communication with a suspect or other party involved with a corruption case being handled by the KPK under any circumstances;

b. Handling a corruption case where the suspect is related to a member of the KPK;

c. Holding office as commissioner or director of a company, institution, the caretaker of an operas, or other professions and activities connected with the aforementioned offices.

Article 37

The rules as outlined in Article 36 also apply to the Advisory Team and other staff of the KPK.

Chapter VI

Investigations, Indictments, and Prosecutions

Part One-General

Article 38

(1) All authority related to investigations, indictments, and prosecutions outlined in Law No. 8 of 1981 on the Law of Criminal Procedure apply to the investigators, indictors, and general prosecutors of the KPK.

(2) The rules as outlined in Article 7 (2) of Law No. 8 of 1981 on the Law of Criminal Procedure do not apply to KPK indicters as decided by this Law.

Article 39

(1) Investigations, indictments, and prosecutions of criminal acts of corruption shall be carried out according to the Law of Criminal Procedure and based on Law No. 31 of 1999 on the Eradication of the Criminal Act of Corruption, as improved by Law No. 20 of 2001 on Changes in Law No. 31 of 1999, except as decided on in this Law.

(2) Investigations, indictments, and prosecutions as outlined in the previous sub-article (1) shall be carried out under the order of, and in the name of the KPK.

(3) Investigators, indictors, and general prosecutors who hold office at the KPK are temporarily relinquished of their duties at Police institutions and the Prosecutor’s Office while they are under the employ of the KPK.

Article 40

The KPK is not authorized to issue a letter to order the halting of the process of indictments and prosecutions against a corruption case.

Article 41

The KPK is allowed to engage in co-operating in the context of investigations, indictments, and prosecutions against corruption cases with the law enforcement institutions of foreign nations, holding fast to the the prevailing Laws or based on international agreements that the government of Indonesia is party to.

Article 42

The KPK is authorized to coordinate and control investigations, indictments, and prosecutions against corruption committed by individuals who are under the jurisdiction of military and public justice.

Part Two- Investigations

Article 43

(1) An investigator of the KPK is appointed and terminated by the KPK.

(2) An investigator as outlined in (1) is tasked with the function of investigating criminal acts of corruption.

Article 44

(1) If investigators, during an investigation, uncover preliminary evidence positively identifying a criminal act of corruption, they must report back to the KPK within seven days since the discovery of such evidence.

(2) Preliminary evidence is considered to positively identify a corrupt act if: at least two material evidence has been discovered, including but not limited to information or data that is uttered, sent, accepted, or kept electronically, optically, or normally.

(3) Should an investigator, during an investigation, does not positively identify enough preliminary evidence as outlined in (1), he/she shall report back to the KPK, who in turn shall cease the investigation process.

(4) Should an event as outlined in (3) occur and the KPK is of the opinion that investigations should continue, the KPK may engage in its own investigation or delegate that task to investigators from the Police or the Prosecutor’s Office.

(5) Should an investigation be delegated to the Police or the Prosecutor’s Office as outlined in (4), the Police and the Prosecutor’s Office are obliged to coordinate and report back to the KPK on the developments of the investigation.

Part Three-Indictments

Article 45

(1) An indictor of the KPK is appointed and terminated by the KPK.

(2) An indictor as outlined in (1) is tasked with the function of indicting criminal acts of corruption.

Article 46

(1) Should an individual be suspected of committing a corrupt act by the KPK, since the date he/she is recorded to be a suspect, all special procedures that would apply under other Laws concerning checks made on the suspect shall not apply under this Law.

(2) Checks on the suspect as outlined in (1) should be done without compromising the rights of the suspect.

Article 47

(1) Under strong suspicion that positive identification will be discovered, an indictor may confiscate evidence without the authorization of the Head of the District Court, in the course of that indictor’s duties.

(2) Rules that normally apply under Laws regulating confiscations shall not apply under this Law.

(3) An indictor as outlined in (1) is obliged to record the process of confiscation on the day the confiscation took place. The record must include:

A. the name, type, and amount of the material, or valuables being confiscated;

B. information on the place, time, day, date, month, and year the confiscation was made on;

C. information on the owner or possessor of the materials or valuables being confiscated;

D. the signature and identity of the indictor performing the confiscation; and

E. the signature and identity of the owner or possessor of the materials or valuables being confiscated.

(4) A copy of the confiscation report as outlined in (3) shall be conveyed to the suspect or his/her family.

Article 48

In the interest of the indictment process, the suspect is obliged to provide information on his overall wealth and the wealth of his/her spouse, child, or the wealth of all individuals or corporations known to be, or suspected to be, related to the corrupt acts of the suspect, to the indictor.

Article 49

When the indictment process is considered to be finished, the indictor shall formulate a report to be conveyed to the KPK Commissioners to invite further action.

Article 50

(1) When a corruption case is found out and the KPK has not commenced its indictment process, while the case is being indicted by the Police or the Prosecutor’s Office, that institution is obliged to inform the KPK at the latest fourteen days since the commencement of the indictment process.

(2) An indictment process being conducted by the Police or the Prosecutor’s Office as outlined in (1) must be coordinated continuously with the KPK.

(3) When the KPK has already commenced its indictment process as outlined in (1), the Police or the Prosecutor’s Office no longer has the authority to conduct an indictment process.

(4) When an indictment process is being conducted concurrently by the Police and/or the Prosecutor’s Office and the KPK, the process conducted by the Police or the Prosecutor’s Office shall cease immediately.

Part Four-Prosecutions

Article 51

(1) A general prosecutor of the KPK is appointed and terminated by the KPK.

(2) A general prosecutor as outlined in (1) is tasked with the function of prosecuting criminal acts of corruption.

(3) A prosecutor as outlined in (1) is for all intents and purposes a General Prosecutor.

Pascal 52

(1) A general prosecutor, after r

Risk

Sovereign risk

The overhaul of the costly fuel subsidy regime will deliver budgetary savings for the government. The Economist Intelligence Unit forecasts that the fiscal deficit will narrow to the equivalent of 1.9% of GDP on average in 2015-16, from an estimated 2.2% in 2014.

Banking sector risk

We expect Indonesia’s banking sector to perform well in the next few years, although uncertainty in the external environment could create challenges. The forecast acceleration in economic growth from 2015 suggests that there should be opportunities for profitable lending.

Political risk

Political risk will be elevated in 2015-16, reflecting the vulnerable position of the president, Joko Widodo, a novice in national politics. His lack of a political base gives him limited room to implement much-needed structural reforms and could thwart efforts to tackle engrained corruption.

Economic structure risk

Fuel subsidy rationalisation should lead to a reduction in the current-account deficit, helping to reduce risk associated with Indonesia’s economic structure. A sustained improvement in the external finances will require a return to stronger goods export growth.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Papua (see Advisory)

Political tensions and violent incidents have increased since October 2011. In some cases, foreigners and foreign businesses have been targeted.

In May 2012, a foreign tourist was shot in Jayapura without apparent motive. A series of random attacks causing casualties followed. A sharp increase in violent incidents was reported in June 2012.

Police and military presence in Papua has been significantly increased following a series of violent incidents in Puncak Jaya. Labour disputes at the Freeport Indonesia mine near Timika, have led to demonstrations, transportation disruptions and violence. Fatal attacks have occurred on roads near the mine.

Permits are required to travel to Papua. Entry regulations and permission to remain in Papua may change at any time. Demonstrations may turn violent and should be avoided. Seek local advice on your travel plans. Foreigners have been kidnapped and killed in the past.

Several climbers of the Carstensz Pyramid (also known as Puncak Jaya or Jaya Kesuma) and surrounding areas in Papua have encountered significant difficulties travelling overland out of the area, resulting in unforeseen costs, delays and inconvenience. The Indonesian government regulates and approves permits to the Lorentz National Park, including the Carstensz Pyramid. Ensure that you have proper permits and have made arrangements for reliable and reputable guides prior to arrival. The only approved overland access is via a hiking trail from Illaga.

Aceh

You should only travel to Aceh with well-established and reputable organizations. Exercise caution at all times and in all places, and register and remain in contact with the Embassy of Canada in Jakarta. In the capital, Banda Aceh, there were sporadic attacks targeting foreigners in late 2009. Kidnappings for ransom, including of foreigners, have taken place in recent years. The latest reported incident was the abduction of a British citizen in the regency of East Aceh on June 11, 2013. Avoid travelling alone and travelling at night. Exercise particular caution on the road from Banda Aceh to Medan, where armed robberies have occurred.

Religious police enforce sharia (Islamic law) in Aceh. Be aware that specific applications of sharia may differ by country and by region. Inform yourself of the relevant provisions specifically related to the region, regardless of your religion.

Bali

Terrorist attacks targeting foreigners and resulting in deaths and injuries took place in Bali in 2002 and 2005, and police disrupted an alleged terrorist cell in March 2012. Maintain a high level of personal security awareness at all times.

Central Sulawesi

Long-standing religious and social tensions remain in Central Sulawesi. Sectarian violence took place from 1998 to 2001 and from 2003 to 2006, especially in Poso, Palu and Tentena. The situation is now mostly calm, but the potential for violence remains.

East and West Kalimantan

The Philippines-based Abu Sayyaf group has kidnapped tourists from Sabah, Malaysia, and the Philippines. They have not extended their activities into neighbouring coastal areas of Indonesia, including East Kalimantan, but may be capable of doing so.

Social tensions remain in West Kalimantan; however, no major conflict has taken place since communal violence ended in 2001.

Maluku

Long-standing communal tensions, including religious tensions, remain in the province of Maluku, especially in Ambon. Wide-spread violence occurred between 1999 and 2002, and there have been sporadic incidents since. Tensions between Christian and Muslim groups in Ambon resulted in clashes in late 2011. The situation is now mostly calm, but the potential for violence remains.

North Sumatra

Criminal activity targeting foreigners has increased in Medan, the capital of North Sumatra, in places frequented by tourists, such as hotels, and on public transportation. Several incidents involved either the threat or use of violence. Be aware of your surroundings and avoid showing signs of affluence.

West Papua

Political tensions and violent incidents have occurred in the past, and the potential for violence remains. Permits are required to travel to the province of West Papua. Consult the Regional Advisory for the province of Papua if you are planning to travel there.

Terrorism

On January 3, 2015, the US Embassy warned of a potential threat against US associated hotels and banks in Surabaya. Exercise a high degree of personal security awareness, maintain a heightened level of vigilance and be aware of your surroundings at all times.

On September 21, 2014, the Islamic State of Iraq and the Levant (ISIL) released a statement threatening retaliation for the American-led coalition campaign against ISIL in Iraq and Syria. The statement encouraged opportunistic and indiscriminate attacks against citizens and interests of countries supporting the coalition, including Canadians. Individuals and terrorist groups in the region may be inspired to carry out attacks in a show of solidarity with ISIL. Canadians could also be targeted by a terrorist attack and be considered kidnapping targets. Exercise a high degree of personal security awareness, maintain a heightened level of vigilance and be aware of your surroundings at all times.

There have been terrorist attacks in Jakarta and in Bali resulting in death and injuries. The most recent significant attacks occurred in 2009 in Jakarta when bombings occurred at two high-profile Western hotels. While effective counterterrorism measures by Indonesian authorities have reduced the risk of terrorist attacks, terrorist cells are still believed to exist and have the capacity to carry out attacks anywhere in the country.

High-profile Western facilities or businesses and places frequented by foreigners may be considered potential terrorist targets. Exercise caution in choosing accommodations, places of worship, shopping venues, restaurants, clubs and tourist facilities. Opt for accommodation facilities with adequate security arrangements. Take bomb threats seriously.

Crime

Armed robberies are reported regularly and criminals are increasingly using weapons. Petty crime, including pickpocketing, bag snatching, and forced cash withdrawals from automated banking machines (ABMs), remains a serious concern. Keep car doors locked and windows rolled up at all times. Use reputable taxis from major hotels or book in advance by phone. Standards of police and legal services differ considerably from those in Canada. Be aware that, in some cases, police who stop motorists or others may request the immediate payment of fines.

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum, or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.

Demonstrations

Large and occasionally violent protests have taken place in many parts of the country over a wide range of issues. Sporadic ethnic and religious tensions in areas of Indonesia have resulted in violence and civil unrest.

Avoid all demonstrations and gatherings, monitor local news and follow the advice of local authorities.

Transportation

Many remote parts of Indonesia have poor transport links, and departure from these areas may prove difficult or impossible in times of crisis.

Road travel in Indonesia can be very challenging. Traffic drives on the left, driver discipline is poor, traffic rules are not consistently adhered to and streets are generally congested. Road conditions, particularly outside major centres, are substandard. Night driving in rural areas is dangerous, as most rural roads are unlit and some drivers do not use lights. If you plan to rent a car, consider hiring the services of a driver for a nominal additional fee.

In the event of an accident, Indonesian law requires drivers to stop and exchange information and assistance. There is a possibility of mob anger if the accident has caused serious injury. In such cases, remain in your vehicle and drive to the nearest police station to report the accident.

Motorcycle drivers and passengers are required to wear helmets. Motorcycle and scooter accidents are the main cause of death and serious injury among foreigners visiting many parts of Indonesia, including Bali.

Transport by bus and rail can be crowded and safety standards differ from those in Canada.

Avoid travelling by ferry. Maritime accidents are common and are often caused by poor safety practices or extreme weather conditions. Do not board vessels that appear overloaded or unseaworthy.

The Indonesian Directorate General of Civil Aviation makes regular public releases of operational performance assessments of Indonesian commercial airlines. These reports have indicated that some local airlines do not maintain their aircraft to international maintenance and safety standards. In the past several years, a number of commercial aircraft have crashed in various parts of Indonesia, often as a result of failing to meet such aviation standards. In light of these sometimes fatal crashes and substandard practices, carefully evaluate implications for your safety before deciding to undertake domestic air travel.

See Transportation Safety in order to verify if national airlines meet safety standards.

Swimming

Rough seas and strong currents have led to drownings. Respect local warnings and consult hotel management about potential water hazards.

Piracy

Pirate attacks occur in coastal waters and, in some cases, farther out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency Rp703.876.268.000,00 in FY 2013
Per Capital Expenditure $ (US) 0.15
Expeniture as % of the GDP 0.034%
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? No
Does your country have a financial disclosure system to help prevent conflicts of interest? No
Who appoints the head of your agency? The Parliament nominates and the President appoints.
Who has the authority to remove the head of the ACA? The Parliament
Is there any term limit for the head of the ACA? Yes , 4 Year
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Prosecutions
Successful prosecutions
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER] STREET_NAME
LOCALITY POSTALCODE
INDONESIA

Sample

Mr. N. Suprapto
73 Jalan Cilaki
BANDUNG 40115
INDONESIA

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-11-05 04:00 AM Q3 5.01% 5.12% 5.10% 5.04%
2015-02-05 04:00 AM Q4 5.01% 4.92% (R) 4.95% 4.78%
2015-05-05 05:00 AM Q1 4.71% 5.01% 4.95% 4.66%
2015-08-05 05:00 AM Q2 4.71% 4.57%
2015-11-05 04:00 AM Q3 4.71%
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