The Criminal Offense of Gratuities Committed by Pharmaceutical Companies Toward Private Practicing Physicians

Abstract

The practice of providing sponsorships by pharmaceutical companies to private physicians has raised significant ethical and legal concerns, particularly when such sponsorships are intended as compensation for the use of specific pharmaceutical products. Although, normatively, Law Number 20 of 2001 on the Eradication of Corruption Offenses limits the subject of gratuity to civil servants and state officials, private physicians nonetheless hold professional responsibilities that can affect the public interest. This study employs a normative juridical method, utilizing statutory and conceptual approaches, and relies on literature review as the primary data collection technique. The findings indicate that transactional sponsorships to private physicians may be classified as gratuities if they fulfill the elements of unlawful conduct and intent (actus reus and mens rea), even though such actions are not explicitly regulated under the Anti-Corruption Law. Therefore, the expansion of legal constructions through consumer protection frameworks, professional ethics, and regulatory reformulation is essential to ensure effective and equitable law enforcement against gratuity practices in the healthcare sector.