The Urgency of Regulation of Bribery in the Private Sector as a Criminal Act of Corruption in Indonesia

Abstract

In Indonesia, a form of corruption that has escaped attention is corruption that occurs in the private sector. Corruption in the private sector has not been comprehensively accommodated in Indonesian positive law, even though many cases are related to corruption in the form of bribery in the private sector. If we dissect the formulation of the article on the crime of bribery, one of them consists of the subject of the bribe perpetrator himself. Indeed, in Article 5, the element of "giving or promising something to civil servants or state administrators", what is meant by who gives or promises something has not been clearly defined, meaning that this article could be used to ensnare private parties as bribe givers or called active bribers. while civil servants or state administrators are recipients of bribes or passive bribers. However, this article can only be used if the bribe from the private party is related to civil servants or state administrators, whereas if the perpetrators of active bribery and passive bribery are both private parties, then the existing national law in Indonesia has not regulated this matter.