KRIMINALISASI PERBUATAN MEMPERDAGANGKAN PENGARUH (TRADING IN INFLUENCE) SEBAGAI TINDAK PIDANA KORUPSI

PRASTYA, ADIT EKA and Nashriana, Nashriana and Ridwan, Ridwan (2022) KRIMINALISASI PERBUATAN MEMPERDAGANGKAN PENGARUH (TRADING IN INFLUENCE) SEBAGAI TINDAK PIDANA KORUPSI. Master thesis, Sriwijaya University.

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Abstract

The act of trading in influence is one of the criminal acts of corruption regulated in the United Nations Against Corruption (UNCAC), but it has not been implemented in Indonesian criminal law. Trading in influence is a corrupt behavior that deviates from ethics and morality by abusing influence either because of public office or influence arising from political relations, kinship, friendship, or other relationships. The problems discussed in this research are: (1) How is the regulation of the act of trading influence in positive law in Indonesia? and (2) How will the policy of criminalization of goods trade influence in the future criminal law of corruption? To answer the problem, normative legal research is used with a statutory approach, a conceptual approach, a case approach, and comparative approach. The results show that trading in influence has a legal basis for finding in UNCAC and even though Indonesia has ratified UNCAC, it has not been specifically regulated in Indonesian positive law so that there is a legal vacuum, causing law enforcement officers to often use bribery offenses. In fact, bribery and trading in influence are two different forms of corruption. If the subject of bribery, the perpetrator must be a civil servant or a state administrator and must be related to his position, while trading in influence can be carried out by a subject who is not a state administrator, as long as in carrying out his actions the perpetrator abuses his influence to get an undue advantage. In essence, trading in influence is a stand-alone corruption crime, so the perpetrator must be included in the qualifications to commit the crime of trading in influence and not a crime of bribery. With this vacancy, it is necessary to criminalize the act of trading influence in the upcoming reform of the criminal law of corruption which is specifically regulated through the revision of the Law on the Eradication of Criminal Acts of Corruption.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Criminalization, Trading Influence, Corruption Crime
Subjects:	K Law > K Law (General) > K5401-5570 Criminal procedure
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Adit Eka Prastya
Date Deposited:	28 Jan 2023 09:49
Last Modified:	28 Jan 2023 09:49
URI:	http://repository.unsri.ac.id/id/eprint/87917

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