Are State Officials and ASN Still Allowed to Receive Parcels?

As Eid approaches, the workload of package delivery couriers becomes increasingly hectic. They are now busy picking up and delivering gift parcels or packages for the community. So, what about government officials? Are they still allowed to receive or give Eid gifts?

The giving or receiving of gifts or hampers is essentially neutral. However, their acceptance by state officials, including civil servants (ASN), can become problematic if the giving is related to the position or duties they hold. This is because the acceptance of such gifts can be categorized as gratuities.

On March 14, 2025, a Circular Letter from the Chairman of the Corruption Eradication Commission (KPK) Number 7 of 2025 concerning Corruption Prevention and Gratification Control Related to Religious Holidays was issued. The policy serves as an appeal to all state civil servants and government officials to reject and report any form of gratification received.

The KPK prohibits requests for funds or gifts in any form, including holiday allowances (THR) or other designations, whether on an individual basis or on behalf of an institution, from the public, companies, or fellow civil servants or state officials. The issuance of a circular letter is a proactive step by the KPK to prevent the practice of gratuities before it occurs, considering that the tradition of giving gifts is a common practice during festive occasions.

Spokesperson for the KPK, Budi Prasetyo, stated that the giving or receiving of gratuities is not permitted if it is related to one's position and conflicts with the duties and obligations of the official. However, if the giving or receiving is based on family and kinship relations, it remains permissible.

"What is prohibited is the giving or receiving of gratuities related to one's position or contrary to the execution of duties and responsibilities. If the giving is based on family or kinship relations, it is considered permissible," he said when contacted from Jakarta on Wednesday (26/3/2025).

That is why the name of the giver is included in gifts or hampers. The purpose is to create an impression in the relationship, to be remembered, and to build a memory of the giver when there is a subsequent matter.

He provided an example of state officials' families exchanging gift parcels or hampers, which is permitted due to blood relations. However, if the family relationship also involves professional or official ties, then giving or receiving such gifts remains prohibited.

If under certain conditions the parcel cannot be rejected, officials are required to report it to the KPK no later than 30 working days from receipt via the Online Gratification (GOL) application on the https://gol.kpk.go.id page or via email [email protected].

In addition, if state officials or ASN cannot refuse gratification because it is in the form of food that is susceptible to rot, then it can be given to orphanages or other social institutions. However, the distribution must still be reported through the gratification control unit in each agency.

Along with the issuance of the circular on corruption prevention, the KPK also appealed to the leaders, inspectorates, or supervisory units in each institution to monitor compliance with the control of gratification related to the holidays. Because, there will be sanctions for every official or ASN who violates it.

The sanctions are only administrative in nature, given by the head of the violating agency. Furthermore, if a specific purpose is found related to the use of office, the KPK can intervene in the violation to become an investigation into a corruption case.

Therefore, the KPK hopes that the government's internal supervisory apparatus (APIP) will take the role of reporting and supervising gratification in their respective agencies during the Eid al-Fitr period. In the January-February 2025 period, the KPK received 689 reports of 774 gratification objects with a total reported value of IDR 3.17 billion.

Anti-gratification measures on religious holidays have at least been initiated by the KPK in 2010 through an appeal to state officials not to accept parcels or gifts. However, the appeal was only directed at state officials while ASN referred to the applicable government regulations.

Referring to Kompas's investigation, in 2015 the KPK issued a warning against accepting and giving gratification to all state administrators and ASN. Since 2010, the KPK has consistently continued its anti-gratification efforts by issuing regular warnings, strengthening the prohibition, and providing more detailed guidance from time to time.

According to a sociologist from Gadjah Mada University, Derajad Sulistyo Widhyharto, giving gifts has become a national tradition, even since the era of the first President, Soekarno. However, the difference lies only in the goods and the purpose of the gift.

The phenomenon of giving gifts or parcels, he continued, was rampant among officials during the New Order of the 2nd President Soeharto's government. At that time, the goal was to please leaders, relations, and maintain business relationships.

Giving something to others during Eid was seen as something positive at that time because it was conceptualized as charity or infaq. The tradition continued to grow and continues to this day. In fact, the seasonal business of providing parcels has grown drastically.

Although sometimes considered trivial, he continued, every gift given can be sure to have a certain purpose. This is the reason the name of the giver is always listed on each gift. At the very least, the giver has a goal to build an impression.

"That's why the name of the giver is listed on the parcel or package. The goal is to give an impression in the relationship, to remember, to build a memory of the giver when there is a next business," he explained.

Therefore, giving and receiving parcels should indeed be prohibited for state administrators. Because, it can influence the determination of policies so that it benefits certain parties. In the end, corruption again.