Anti-Bribery Management Systems (ABMS) in Indonesia
In a country with a strong kinship culture such as Indonesia, it is sometimes hard for us to differentiate bribery and a gift one would give to friends. If we reject a bribe when the giver says it’s merely a gift, we will be labeled as an unmannered and uncultured person. Therefore, we need a clear definition, regulation, and limitation to avoid these kinds of situations.
Furthermore, several sectors in Indonesia already have requirements for ABMS as a company liability standard. It started when President Joko Widodo ruled Presidential Instruction Number 10 of 2016 about the prevention and eradication actions against corruption. Immediately after, the Indonesian Standardization Body (BSN) adopted ISO 37001:2016 to become SNI ISO 37001:2016.
In several sectors, especially vital ones such as oil, gas, health, etc, SNI ISO 37001:2016 has become a new requirement requested by government officials for all private parties who want to enter government tenders.
ABMS as a corporate liability standard is also related to PERMA No. 13 Year 2016 concerning procedures for handling criminal cases by corporations. Article 4 of the regulation elaborates at least three points of which a corporation can be liable for conducting the crime:
- The corporation gained a profit / benefited from the criminal act or the criminal act was conducted for the corporation’s interest.
- The corporation allowed the criminal act to happen.
- The corporation did not conduct the steps needed to prevent the criminal act, or prevented greater impact to occur, or ensured compliancy to the applicable legal provisions to prevent the occurrence of the criminal act.
In other words, the absent of ABMS can be considered as an act of negligence. Therefore, a corporation can be alleged for doing crime if it is stumble upon criminal cases while no ABMS implemented as liability standard.
To comply with SNI ISO 37001:2016 and PERMA No. 13 Year 2016, Integrity is ready to assist you to set up your own Anti Bribery Management System. Integrity will also provide support for the implementation of the SNI ISO 37001:2016 standards.