The practice of giving hampers has become common during the Eid holiday to express gratitude and strengthen social bonds in major celebrations across Indonesia. However, this differs for civil servants (ASN) and public officials, who are prohibited from receiving or requesting funds or gifts related to their positions that conflict with their duties.
Gratification is prohibited because it can create conflicts of interest and lead to unequal public services. In some cases, it is also considered a form of “disguised bribery” or a root of corruption that can undermine the integrity of public officials.
Professor of Public Policy Governance at Universitas Gadjah Mada, Professor Gabriel Lele, explained that gratification remains a widely debated issue, not only from a legal perspective but also from an ethical one. The highest standard requires that all public officials refrain from accepting or requesting any gifts or benefits.
However, he noted that there have recently been many cases in which suspects evade responsibility by arguing, “We did not ask for it; if it was given, we simply accepted it.”
“Because they hold positions of authority as public officials who make decisions, the concern with gratification is that it is not merely a social gesture of friendship or acquaintance. A public official does not receive such gifts as a private individual, but as someone in a position that determines decisions,” he explained on Tuesday (31/3).
Not limited to the period before or after Eid, the acceptance of gifts during one’s tenure in office is strictly prohibited. This is because, over time, a person’s policy preferences may be influenced by favoritism arising from previously received gifts.
“From a temporal perspective, it does not depend on whether a project or policy is being designed, developed, or decided. As long as someone holds a position as a public official, they must remain free from conflicts of interest by not accepting any gratification,” he added.
Nevertheless, Professor Gabriel emphasized the need to distinguish between gifts given by family members and those offered by unrelated parties solely due to one’s position. Culturally, he noted, more extensive public education is needed to discourage the practice of giving gifts to public officials. This is because officials are obligated to perform their duties and responsibilities to the best of their ability.
“Many people still believe that when they deal with or process something with the government, and their matters are resolved, they should offer some form of gratitude. It is as if fulfilling these services is not part of the officials’ duties. In fact, it is the public’s right to receive services and the government’s obligation to provide them,” he stressed.
Equally important, he added, is the need for the public to continue monitoring officials’ performance in carrying out their duties. At the same time, citizens must be guaranteed their constitutional right to the best possible services.
“Our society must develop a strong mentality and standard that the government exists to serve the people. That is the most fundamental principle. There is no need for bribery or offering anything. If you are dissatisfied, you have the right to speak up. And even if you are satisfied, you do not need to give anything. It is also your right as a citizen to receive excellent public services from the government,” he concluded.
Author: Leony
Editor: Gusti Grehenson
Post-editor: Zabrina Kumara
Photo: Freepik