Prevention of Bribery Ordinance

Regulation - Indonesia INTERNATIONAL UNCAC Article 12, 21, 22, SOX Act, POBO A. UNCAC http://www.unodc.org/pdf/crime/conven ... / Signing / Convention-e.pdf Article 12 (Prevention Private Sector) Each State Party shall take measures, in accordance with the fundamental principles of its domestic legal system, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector, and where necessary, provide civil sanctions, criminal administratf effective and comparable to meet the negligence of such acts.

Measures to achieve this goal could include: (A). promote cooperation between law enforcement agencies and the agencies concerned civil law; (B). enhance the development of standards and procedures designed to protect the integrity of private entities concerned, including the rules of conduct in carrying out business activities and all related professions, the correct, honorable and decent, and the prevention of collisions -conflict of interest and an increase of good commercial practices among businesses and in the contractual relations of businesses with the State; (C). Improve transparency among private entities, including, as far as necessary, measures regarding the identity of legal entities and persons involved in the establishment and management of corporate entities; (D). Preventing abuse of procedure governing civil agencies, including procedures regarding subsidies and licensing, licensing granted by public authorities for commercial activities; (E). Preventing conflicts of interest by applying the restrictions, where necessary, for a reasonable period, for the professional activities of former public officials, or in terms of hiring public officials by the private sector after their resignation or retirement, in terms of activities or employment relate directly to

the functions formerly held or controlled by public officials during their tenure; (F). Ensure that private companies, with the notice the structure and magnitude of them, have an internal audit control mechanisms help to prevent and track acts of corruption and that the accounts and financial statements required of private companies that follow the procedure- setifikasi audit procedures and proper.

In order to prevent corruption, each State Party shall take such measures as may be required, in accordance with domestic laws and regulations regarding the maintenance of books and records, financial reports and accounting and auditing standards, to prohibit the acts mentioned The following, which is done with intent to do any of the offenses established in accordance with this Convention: (A). Making these records outside of bookkeeping; (b). Makes transactions outside the books, and which can not be clearly identified, (c). Noted expenditures that do not exist; (d). Bookkeeping liabilities (debt) that has the purpose of identification that is not true; (e). The use of false documents, and, (f).

Intentional destruction of bookkeeping documents earlier than specified by law.

Each State Party shall refuse the reduction of taxes or fees which is a bribe, which is one of the principal elements of the offenses established in accordance with Articles 15 and 16 of this Convention and, where appropriate, other expenses incurred in furtherance of corrupt behavior.

Article 21 (Bribery in the Private Sector) Each State Party shall adopt legislative measures and other actions as is necessary to establish as a criminal offense, when committed intentionally in carrying out economic activities, financial or trade: (A). Promising, offering or giving, directly or indirectly, an undue advantage to a person who leads or works, in some capacity, for a private sector entity, for himself or others, so that he violated his duties, perform something or refrain from doing any act (B). Request or acceptance, directly or indirectly an improper advantage, which carried by a person who leads or works in any capacity for a private sector entity for himself or for others, so that he is against the rights, do or refrain to do something.

Article 22 (darkening of Wealth in the Private Sector) Each State Party shall adopt legislative measures and other actions as is necessary to establish as a criminal offense, when committed intentionally in carrying out economic activities, financial or trading, embezzlement by a person

who leads or works, in any kapasditas, in an entity in the private sector on a property, funds (private) (private) or securities or anything of value entrusted to him because of his position.

B. SOX Act http://www.sarbanes-oxley.com/section ... l = 1 & pub_id = Sarbanes-Oxley C. POBO (Prevention of Bribery Ordinance)