RECONSTRUCTION OF GRATIFICATION AS BRIBERY IN THE INDONESIAN ANTICORRUPTION LAW BASED ON THE VALUE OF DIGNIFIED JUSTICE

Conception of Gratification has been perceived as a formulation (constructed) of a concept similar to bribery in the law governing the prohibition of corruption in Indonesia. There is no term of Gratification one could find in the Law No. 20 of 2001 on Corruption Eradication. In fact the term has been misleadly constructed or even generaly understood as bribery a kind of corruption, as we were tought, can be found in the formulation of positive legal provisions contained in the Article 12B of the Anticorruption Law. It was formulated in the Anticorruption Law that Any gratuity to a civil servant or states high officers is considered a bribe, if it relates to his position and is contrary to his obligations or duties. This construction must be reconstruct. By reconstruction is meant as returning something to its original place, rearranging or redrawing from existing materials and rearranging as is or returning to the original event. The reconstruction relating to the concept of Gratification as sinonimous to bribery, a type or form of a criminal act of corruption in order not fo be confused with the popular belief that has been upholded for about 18 years after its stipulation in the new Indonesian Anticorruption Act, or the Law Number 31 of 1999 jo Amanded Law Number 20 of 2001.