Volume 19, No. 2, 2022
Significance of Qualification of Trading Influence as a Criminal Act
Deni Setya Bagus Yuherawan, Riri Puspita Wulandari, Soraya Joice, Heppy Hyma Puspytasari, Mochamad Arifianto
Abstract
Trading in influence as a corrupt behavior that deviates from ethics and morality is often carried out by public officials or relationships arising from political relations. The trade of influence is aimed at getting an improper advantage. This is due to the absence of criminalization of the act of trading influence into positive Indonesian law. This article is intended to analyze the importance of qualifying the influence of trafficking and how to formulate trafficking as a criminal act. This article is a normative study using a conceptual approach. The formulation of the problem written was analyzed using perspective analysis with grammatical and systematic interpretation. The legal provisions used are relevant arrangements including Law No. 3 of 1980 concerning Bribery, Law Number 31 of 1999 concerning Corruption Crimes jo Law Number 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning Eradication Criminal Acts of Corruption, United Nations Convention Against Corruption (UNAC). The conclusion of this article is the qualification of trading influence is considered necessary and very important, given the rise of new cases committed especially by public officials.
Pages: 31 - 39
Keywords: trading influence, criminalization, criminal act