STRUCTURE AND MECHANISM OF CORPORATE GOVERNANCE

4. Decide the appointment of a certain party as a provider of goods/services, in which Pelindo people have an economic interest in the appointed party.

Bribery/Gratification

A deliberate and conscious act of accepting something or a promise, while he or she knows or can reasonably expect that the giving of something or a promise is meant for he or she to do something or to do anything in his or her duties, which is contrary to his or her authority or obligation in the public interest (Article 3 of Law No. 11 of 1980 concerning the Crime of Bribery).

Inabroadsense,givingincludestheprovisionofmoney,goods, rebates, commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities. (Article 128 of Law No. 20 of 2001 on Amendment to Law No. 31 of 1999 concerning Eradication of Criminal Acts of Corruption. For further information regarding Bribery/Gratification, please refer to the PT Pelabuhan Indonesia (Persero) Gratification Control Guidelines.

Example of bribery/gratification:

1. Receive direct or indirect benefits from any parties related to a business transaction of his or her company; and
2. Receive benefits in any form that affect the assessment or business decisions to be taken.

Embezzlement

An activity that deliberately and consciously violate the law to own a thing that wholly or partially belong to another person, who is currently in his or her power not out of a crime.

Example of Embezzlement:

1. A ruse used by a party to cause the other party to sign the contract, even though without this ruse the other party would not have signed the contract concerned;
2. Deliberately providing products that are in a damaged condition resulting in financial losses; and
3. Working alone or in collaboration with other parties to deceive superiors or the Company by using fake signatures or fake invoices.

Fraud

An activity that is intentionally and consciously intended to benefit themselves or others unlawfully, using false identity or false dignity, with tricks, or lies, moving others to surrender something to them, or to give debt or write off accounts receivable (KUHP Article 368).