V. KOMITE ETIK
Komite ini dibentuk dalam rangka menegakkan kemandirian, transparansi, kewajaran dan profesionalitas dalam
melakukan proses penelaahan, verifikasi, dan investigasi atas setiap Pelaporan pengaduan pelanggaran.
Komite Etik bersifat ad hoc/ex officio, bertugas hanya memberikan kajian dan rekomendasi kepada Direksi untuk
pengambilan keputusan. Komite Etik terdiri dari unsur-unsur sebagai berikut :
a. Manager Legal
b. Manager Sumber Daya Manusia
c. Kepala SPI
d. Corporate Secretary
Dalam melaksanakan tugas dan fungsinya, Komite Etik berwenang dan wajib:
1. Melakukan pemanggilan Terlapor;
2. Melakukan verifikasi untuk mempertajam telaahan;
3. Mendapatkan akses penuh data dan informasi yang terkait dengan masalah yang ditangani;
4. Memberikan perlindungan kepada Pelapor.
Komite Etik melakukan verifikasi atas laporan pengaduan pelanggaran yang masuk dan akan memutuskan perlu
tidaknya dilakukan investigasi lebih lanjut atas laporan pengaduan pelanggaran dalam waktu 30 (tiga puluh) hari
kalender dan dapat diperpanjang paling lama 30 (tiga puluh) hari kalender. Hasil verifikasi Komite Etik disampaikan
kepada Direksi.
Apabila berdasarkan hasil verifikasi menunjukkan adanya indikasi pelanggaran yang disertai bukti yang cukup,
maka pengaduan dapat diproses ketahap investigasi.
Perusahaan melalui Komite Etik dapat menginformasikan status proses penyelesaian pengaduan pelanggaran kepada
Pelapor yang meminta penjelasan kepada Perusahaan mengenai pengaduan pelanggaran yang disampaikannya.
VI. TINDAK LANJUT INVESTIGASI LAPORAN PELANGGARAN
Apabila berdasarkan hasil investigasi yang dilakukan oleh Tim Investigasi, bukti yang ada dianggap
memadai/membuktikan adanya pelanggaran oleh Insan APG, maka Terlapor dikenakan sanksi sesuai ketentuan yang
berlaku di Perusahaan.
Untuk menjaga indepedensi investigasi, investigasi dapat dilakukan oleh Eksternal Investigator.
Apabila hasil investigasi terbukti terjadi pelanggaran yang dilakukan oleh Direksi dan atau Dewan Komisaris dan
Organ Pendukung Dewan Komisaris dan terdapat hal-hal yang memerlukan keputusan lebih lanjut, maka Direksi
atau Dewan Komisaris menyampaikan hal tersebut Kepada Pemegang Saham Mayoritas.
Apabila dari hasil investigasi terbukti adanya pelanggaran yang mengarah ke tindak pidana, maka dapat ditindak
lanjuti dengan proses hukum sesuai ketentuan yang berlaku.
VII. LAPORAN PERIODIK PELAKSANAAN WBS.
Komite Etik wajib membuat laporan secara berkala yaitu setiap 3 (tiga) bulan sekali, yang disampaikan selambat-
lambatnya minggu kedua pada bulan berikutnya, yang meliputi jumlah Pelaporan dan Pengaduan, Kategori
Pengaduan/Pengungkapan serta media yang digunakan oleh Pelapor dan penyampaiannya kepada Direksi
VIII. JAMINAN KERAHASIAAN DAN PERLINDUNGAN KEPADA PELAPOR
a. Perusahaan menjamin bahwa dalam melakukan proses atas setiap Pelaporan dan Pengaduan senantiasa
mengedepankan kerahasiaan, dan asas praduga tidak bersalah dengan cara yang professional.
b. Perusahaan menjamin kerahasiaan identitas Pelapor, serta memberikan perlindungan kepada Pelapor dari segala
bentuk ancaman, intimidasi, ataupun tindakan tidak menyenangkan dari pihak manapun, selama / sepanjang Pelapor
dapat menjaga kerahasiaan kasus yang diadukan/dilaporkan.
c. Perlindungan ini juga berlaku bagi petugas yang ditunjuk Perusahaan dalam melaksanakan investigasi, verifikasi
maupun pihak-pihak yang memberikan informasi terkait dengan pengaduan/penyingkapan fakta penyimpangan.
d. Para pihak yang diberikan kewenangan oleh perusahaan dalam proses terkait dengan Pelaporan dan Pengaduan,
yang melanggar prinsip kerahasiaan akan diberikan sanksi sesuai dengan ketentuan dan peraturan yang berlaku di
Perusahaan.
IX. SANKSI
Bentuk sanksi terhadap Terlapor dan para pihak yang telah terbukti melakukan pelanggaran dan atau
penyalahgunaan kewenangan serta melanggar prinsip kerhasiaan akan di kenakan sanksi sesuai dengan ketentuan
dan peraturan yang berlaku di Perusahaan.
X. PENUTUP
Demikian Sistem Pelaporan pelanggaran (WBS) ini disusun, dengan harapan mampu merubah budaya diam (tutup
mulut) menjadi budaya kejujuran dan keterbukaan bagi sumber daya manusia di PT Adhi Persada Gedung. sehingga
dapat membawa perubahan dan akselerasi dalam pencapaian kinerja perusahaan.
1. Objective :
a. To give employees, investors, contractors, vendors, and other stakeholders a platform whereon they can
raise their concern against any wrongdoing done by the company.
b. To protect employees against retaliation due to whistle blowing policy
c. The company is committed for doing business in ethical ways and therefore an employee should raise their
concern if they come across any behaviour, activity which is suspected to be unethical and dangerous for
the company.
d. The whistleblowing policy is a crucial policy which gives stakeholders the liberty to raise concern against
any suspected illegal activity.
e. The employees of the company can report any concern by an authorized channel operated under the audit
committee
2. Scope:
This policy is applicable to all employees permanent or contractual of the company.
3. whistleblower definition:
a. As per the whistle blowing policy A may be defined as the person raising the concern against any
wrongdoing unethical or improper practice seen or observed. An employee of the company, contractor of
the company or the vendor or any stake holder can be a whistleblower
b. Whistleblower committee: The committee that has been formed to deal with protest raised by an employee
or stakeholder should be formed as per the whistle blowing policy and procedure.
c. Chairman: A person who heads the whistleblower committee is the chairman.
d. Complaint: A complaint is the reporting of any unethical and improper practice observed or violation to
the whistleblower committee by a whistleblower made in good faith would constitute a complaint.
e. Ombudsperson: Ombudsperson is the person who does the investigation of the complaint which is raised
by an employee or any other stakeholder of the company.
f. Audit committee: A committee formed by the board of directors is the audit committee according to the
applicable law section 177 of the company's act 2013 and rule 6 and 7 of companies meeting of the board
and its power rules 2014 deals with the provision of the audit committee.
4. Policy Guidelines:
a. As per the whistle blowing policy and procedure, It is the responsibility of all employees of a company to
raise their concern against any unethical behaviour or any wrongdoing in the company as laid down in the
whistle blowing policy and procedure.
b. Any illegal activity which is not reported despite knowing will be considered as a breach of ethical
behavior. It will be considered as unethical behavior
c. There should be no retaliation against the person who is whistleblower. Retaliation includes suspension or
decrease in salary etc., any assignment which is of poor quality or any threats given to employee verbally
or in writing.
The protection to the whistleblower is provided under 2 areas:
g. The company cannot discriminate against an employee who is helping in the investigation process of any matter
related to any public concern.
h. This is not under the provision of this policy to pay any compensation to the employee on his/her participation in
the whistle blowing process.
i. No denial should be there in compensating an employee for involvement in the smooth functioning of
whistleblower policy
k. A person is not entitled to any kind of protection until unless the concern raised by the whistleblower is done in
good faith.
l. In case an employee raises concern related to any public dealing an employee is supposed to take written
permission from the chief executive officer.
m. The whistleblower policy includes breach of the code of conduct or happening of any activity which is not
legally permissible in the company.
n. Fraud, misrepresentation, any kind of theft or abuse of authority, getting hold of confidential Information any kind
of discrimination is included under the whistleblower policy.
Whistleblower complaint:
A whistleblower complaint may be defined as complaint wherein whistleblower
(person raising the complaint) has observed that an employee , associate etc. have breached or may have breached
the ethical code of business conduct, accounting, auditing matters etc. Raising concern against any wrongdoing
which has been done or can be done will protect the company's reputation. It is the responsibility of all the
employees, vendors, contractors, stakeholder etc. to bring into notice any wrongdoing as soon as possible. All the
complaints must be raised to ombudsperson.
6. The Principle of reporting:
If an employee observes that there is the violation of the code of conduct, he /she must immediately inform their
superior. An employee who has any doubt that any illegal activity is happening or can happen should inform
superior or legal department
1. Will be in contact with employee, vendor, and stakeholder to get the necessary information to carry out further
investigation.
2. Will discuss the steps needed internally for investigation of the complaint.
3. It is advisable to keep all information confidential during the investigation. No information is shared outside
either by the whistleblower or by the audit committee.
4. This secrecy is maintained to protect the uprightness of the whistleblower process and investigation.
5. It is the responsibility of the ombudsperson to share the status and findings of investigation with the board of
director. The final report must contain all the details and documentation deemed fit or necessary.
f. The whistle blowing process allows the whistleblower in the company can raise their concern to their manager or
head of the department. However, they can also contact the following mentioned persons:
a. Human resource
b. Head of the department
c. Legal department
d. Compliance Head
e. CEO
f. Management committee members
g. In case of urgent situation, an employee can write directly to the chairman of the audit committee
h. Any complaint received by HR will be sent to the director of the human resource for action.
10. Management assurance:
a. The Identity of the whistleblower: A whistleblower is a person who raises the concern the revelation of identity
depends upon the choice of whistleblower. Also as discussed in the previous paragraph the identity is kept
confidential. It is shared only in case it becomes necessary for the investigation purpose or as per the demand of the
business.
b. No Retaliation: The company makes sure that there will be no retaliation action against any employee who has
raised any concern in good faith.
11. Corporate ombudsperson:
The corporate ombudsperson has been given responsibility to deal with the investigation process for each concern
raised by the employee. He/she is also responsible for the management of compliance issue within the organisation.
He/ she is responsible to check that the audit committee is investigating the case while abiding by the internal
policies and procedure.
12. Investigation Process :
Any concern raised by an employee for breach of the ethical code of business will be taken under investigation by
the corporate ombudsperson and the audit committee as per the process defined above in the policy. The employee,
vendor, stakeholder against whom the concern is raised if found guilty a strict disciplinary action will be taken.
Below mentioned steps are followed during whistle blowing process:
A. In the first step, the employee/ vendor/ contractor raises the concern to the corporate ombudsperson with all
relevant documents and proofs as early as possible.
B. An audit committee is formed by the corporate ombudsperson carrying minimum 8 persons with expertise in
dealing with legal compliance. This committee is formed within the company. The audit committee needs to start
their investigation process within 2 days of receipt of the complaint.
C. The audit committee must start the inquiry and come up with the report within 15 to 45 days from the receipt of
the initial complaint.
D. The audit committee must suggest the corrective action which needs to be taken by the immediate reporting
manager or head of the department for implementation. In case the employee who is found to be guilty of any illegal
wrongdoing will be penalised as prescribed by ombudsperson and will be implemented by HR.
E. The whistleblower will be revealed with the status and final findings after the investigation is done.
13. Role and Responsibilities:
Following the regulations guided by the Whistleblowing at work the roles and responsibilities of employees,
stakeholders, ombudsman, audit committee and CEO are explained as follows:
a. Employees:
1. The first and foremost task of the employee is to bring into notice of the company in case any illegal activity is
done in the company or about to happen in the company. The employee must have proper evidence to raise any
concern.
2. To work in collaboration with the audit committee with complete confidentiality.
3. The policy is meant to raise concern which is of serious nature and is actually happening. Any false allegation
will result in serious disciplinary action.
4. An Employee who is whistleblower if not satisfied with the investigation done by the ombudsperson, he/she can
directly approach the chairman of the audit committee.
b. Ombudsperson:
1. To make sure that the whistleblower policy is implemented in the company.
2. In case the ombudsperson through investigation comes to a conclusion that any illegal act or wrongdoing has been
done, the case can be closed by ombudsperson.
3. All the inquiry details must be properly implemented.
4. Appointment of the audit committee to carry out investigation further.
5. To handover, the report received to the board of directors, CEO and director HR.
6. To share the final findings with the whistleblower, with a gesture of thanks for protecting the company's
reputation.
7. All safety measures have been followed for the protection of the whistleblower.
c. Audit Committee
1. To carry on the investigation in a transparent way.
2. To make sure that complete findings have been done by the committee.
3. To make sure each and every information is kept confidential.
4. To finally decide after investigation if any wrongdoing has been done or not, in case it is done then by whom?
5. To ensure an appropriate action being taken against the dismissal and preventive measures.
6. Documentation of complete report.
7. Submit the final findings and report to the ombudsperson.
d. CEO:
1. To share the final report with the statutory board.
2. To cooperate fully with the investigation team.
3. Maintain complete confidentiality.
4. To make sure the audit committee and ombudsperson have taken necessary action against the wrongdoers.
5. Be known with the final conclusion of the investigation team.
14. Confidentiality:
All complaints by whistleblower should be confidential as per the rules and regulations under whistleblowing
guidelines. People involved in the process should make sure that they do not share any information outside.
Maintain secrecy of entire matter.
The matter can be discussed only if being asked to do by management for investigation purpose.
Should not keep any documentation related to investigation unattended.
Also, the whistleblower name can be revealed only if
1. Whistleblower confirms that he/she will be identified and has no issue related to identification.
2. Identification is one of the requirements to carry on the investigation further.
3. According to laws identification is required.
15. Retention of documents:
1. As per the whistle blowing policy and procedure, it is the responsibility of the ombudsperson to maintain
documents needed for the complaint received from the whistleblower.
2. All the details related to complaints are maintained for reporting purpose.
3. All the documents are retained for a period of 8 years.
Preamble: There is certain set of behaviour which is to be followed within the organisation. The code of conduct
policy explains the ideal behaviour and actions of employees within the organisation. The whistle blower policy
gives authority to employees to raise their concern in case they come across any type of improper act or violation of
code of conduct which includes Fraud, scam etc. Details on the process and procedure are explained in the whistle
blowing policy template below.
In order to maintain higher standard of ethical conduct our organisation provides a broad way to employees to raise
their concern against any kind of fraud, scam, and any misrepresentation of data in case they come across any of
them without fear or unfair treatment. This is the main objective of whistle blower policy or whistle blowing at
work.
Objective:
o This policy provides a platform to employees to voice their concern on any improper act. However a
certain set of whistle blowing procedure should be followed as per the whistle blowing at workplace.
o It also encourages employees to share their concern timely and also to ensure there is timely response from
the company on the same.
o To promote Lawful conduct.
Scope:
The scope of whistle blower policy is to define the actions for raising a concern, and the protection provided to the
person raising the concern. The set of whistle blowing procedures to be followed by the corporate whistle blower
(Whistle blower definition explained in policy later) as a concern is raised and the responsibilities of different
associates. In all cases company reserves the right whether a case requires investigation or not, if required then how
it has to be followed as per the whistle blower policy.
Eligibility: All employees of an organisation are covered under whistle blower policy template It includes
o Vendors
o suppliers or agency
o Contractors
Disciplinary actions: It means any action that is being taken against an employee if any kind of improper act like
fraud, scam etc. identified during course of investigation. It includes
However it is not limited to warning, suspension. Disciplinary action varies from case to case basis.
Whistle blower definition: It means a person who raises his/ her voice against any wrong doing within the
organisation or outside the organisation. It defines whistle blower.
Subject: A person against whom the allegations are made or evidences collected during an investigation.
Audit committee: It means a person or group of persons who carry out investigation against the case that is raised
by the whistle blower. They are the ones who recommend disciplinary action.
Good Faith: It means the right intent with which the unethical or improper act is raised. It will lose its meaning in
case some false accusations are made and if in case the alleged practice lacks facts or personal knowledge.
Whistle officer: A whistle officer is generally the company secretary.
Investigation team: It may be defined as a team who carry out investigation of protected disclosure.
Employee: Employee means employee working in the company.
Protected disclosure: It is defined as concern raised by written communication made in honest intentions that
disclose unethical activity.
Chairman: Chairman means the chairman of whistle blower committee.
Whistle committee: The committee constituted to deal with Complaints under this Policy.
Reportable Matters:
Following are considered under the reportable matters:
o Breach of contract
o Misuse of Authority
o Misrepresentation of company data
o Negligence towards public health and safety
o Misrepresentation of financial records
o Any illegal act
o Sharing of confidential information
o Misuse of company assets
o Non compliance with the company authority.
o Non compliance with the code of conduct.
o Disclosing confidential information with outsiders ex. competitors
o Unethical practice like bribe given or bribe taken
o Misuse of company powers
o Theft of confidential information’s
Policy details: It is the responsibility of all employees to raise the concern in case they come across any unethical
practice. Failing to comply with it will be considered as immoral behaviour. What is whistle blowing as already
been explained in the whistle blowing template above.
Guideline procedure:
In order to make whistle blower policy a success it is necessary that the company will take care of following:
1. To make sure that whistle blower do not undergo any unfair treatment and is not exploited
2. Complete confidentiality of matter
3. To take adequate step in case of unfair treatment or exploitation
4. Take stringent actions, if any evidence related material is destroyed.
Exclusions:
In case the investigation team reaches a conclusion that the concern raised was false and was made with malicious
intentions, in such case strong disciplinary action is taken against the employee raising the concern. However there
may be case when any concern is raised which might not need any investigation but it has been raised with honest
intentions in such case no action will be raised against the employee.
The complaints raised by a whistle blower (define Whistle blower explained above) should not be confused with
grievances. This policy excludes any complain made against superior/ subordinate relationship issues, dissatisfaction
in job profile, issues related to favouritism etc. Such issues are not covered under the whistle blower policy. Any
external matter like non receipt of payment etc is also excluded from this policy. Day to day operations problems
shall be dealt normally under grievance handling by HR. What is whistle blowing as already been explained so far.
Whistle blowing policy meaning is completely different from grievance handling.
Raising a concern:
Whenever an employee comes across any improper act it is requested to make the concern in writing in order to
assure better understanding of the issues. The report must contain all facts and information and there should not be
any assumptions. It is not necessary for the whistleblower to prove the complaint but it is expected that the complain
must have facts. The details are mentioned in whistle blowing process.
1. Any employee found accountable of an improper act will be subject to disciplinary actions, it may even lead
to termination of employee.
2. Policies will be formed to ensure that any such violation can be perceived in an early stage.
3. In case an employee is trying to destroy any of the evidences, then disciplinary action will be taken against
the employee who may even lead to termination.
Disclosure of improper act:
The disclosure of any improper act by the whistle blower may be done while sharing or hiding their names.
However in case name is kept hidden the company will decide whether to take up the investigation or not. It will
depend on how seriously the improper act has been raised by the whistle blower when identity is hidden.
Summary of the improper act, all those employees/ persons involved in improper act, time and place of occurrence
of the act.
Improper act has happened or not. The process Owner for whistle blower policy is the company secretary.
To carry out the investigation the whistle officer receives the concern through email/letter as preferred by whistle
blower. The whistle officer along with company secretary and HR head examine whether concern raised is improper
act or not. It is then communicated to the whistle blower. The whistle officer keeps records of the findings and
communicates with the whistle blower.
If any improper act has happened the whistle blower along with the whistle committee investigates as per the policy.
The whistle committee comprises of HR Head, Internal audit, 1 employee from department where improper act has
happened.
Sometimes it might be the possibility that internal investigation does not help and it needs to be audited externally as
required by the law. In such case the whistle blower raises the concern to the external authority and wait for the
report.
The employee who has committed the improper act is also informed as investigation can’t be progressed without
information. Investigation generally happens with interviews and with documents as and when required.
The whistle committee conducts the investigation and submits the report within 60 days of receipt of concern. If it is
a criminal offence, Police is informed on the same. The Whistle officer, policy owner and CMD of the company will
decide the action to be taken against the employee who has committed improper act on recommendation from
whistle blower committee and keep whistle blower informed on the same.
Process Flow: