Criminal Liability of State Officials Who Bribe Foreign Public Officials

Abstract

This study examines the criminal liability of Indonesian state officials who offer bribes to foreign public officials under Law No. 11 of 1980 on the Crime of Bribery, and assesses how a normative comparison with the Dutch Criminal Code (Wetboek van Strafrecht) can inform legal reform in Indonesia. Employing a normative-legal research design, the study utilizes statutory analysis, doctrinal review, and comparative methods. Primary data were drawn from legislation, judicial decisions, and international conventions, while secondary data comprised scholarly literature. A qualitative content analysis was conducted to evaluate the scope of the offence and its practical enforcement. The findings indicate that the term “any person” in Law No. 11/1980 can be interpreted to include foreign public officials; however, the absence of explicit language generates legal uncertainty. The Dutch model is more categorical, expressly criminalizing cross-border bribery with penalties of up to six years’ imprisonment and a category V fine. Based on these insights, the study recommends enacting a lex specialis in Indonesia that explicitly names foreign public officials as potential victims, establishes principal penalties of three to eight years’ imprisonment and proportionate fines, and introduces supplementary sanctions such as asset forfeiture. Adoption of these measures is expected to enhance legal certainty and strengthen Indonesia’s capacity to combat transnational corruption effectively.