URGENSI KRIMINALISASI TRADING IN INFLUENCE SEBAGAI SALAH SATU TINDAK PIDANA KORUPSI DI INDONESIA

Novitasari, Diana Dessy (2020) URGENSI KRIMINALISASI TRADING IN INFLUENCE SEBAGAI SALAH SATU TINDAK PIDANA KORUPSI DI INDONESIA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

There were two research problems addressed in the research which were (1) Are the rules in the Indonesian Anti-Corruption Act applicable to the case of trading in influence? (2) What are the prospects for regulating trading in influence in the Indonesian Anti-Corruption Act in the future? The purpose of this research were to find out whether the rules in the Indonesian Anti-Corruption Act can be applied to the case of trading in influence and to find out the prospects of regulating trading in influence in the Indonesian Anti-Corruption Act in the future will come. As the research method, the researcher employed a normative research method that was based on the antinomy of one law and others. The results of this research are the rules that exist in the Indonesian Anti-Corruption Act that can be applied to cases of trading in influence, including Article 5, Article 12 letters a and b, Article 11 of the Indonesian Anti-Corruption Act and related to Article 55 of the Criminal Code (KUHP). Nevertheless the application of these articles still has some weaknesses both from legal subjects and related to objective conditions so that to trap third parties who do not have the quality as regulated in the article on bribery will be difficult to do so it is expected that in the future it is necessary to have trading arrangements in the future clear influence, both on the formulation of the elements of the article and strict sanctions so as not to collide with existing regulations. The form of regulation can be outlined in a special regulation on trading in influence, or it can also be reformulated with the articles that already exist in the Indonesian Anti-Corruption Act or modifying elements of Article 18 UNCAC, 2003 concerning trading in influence so that the regulation does not overlaps with existing regulations so it is worth criminalizing. This aims to create legal certainty and justice for the community and prevent the community from falling into the act of influencing trade.

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