Kebijakan Hukum Pidana Terkait Perdagangan Pengaruh (Trading In Influence) Sebagai Tindak Pidana Korupsi

Abstract

This study aims to determine the regulation of the crime of trading in influence in the United Nations Convention against Corruption (UNCAC) 2003 and to consider the decision of the panel of judges in adjudicating cases of trading in influence as a criminal act of corruption in Indonesia. This is a normative legal research that uses statutory, conceptual, and case approaches. The results of this study concluded that trading in influence as a type of corruption crime regulated in Article 18 of UNCAC consists of trading in influence actively and passively. In the practice of law enforcement against corruption, the Panel of Judges in their consideration has implemented UNCAC provisions related to trading in influence in adjudicating the Riau-1 Steam Power Plant (PLTU) case and the case of sale and purchase of certain positions at the Ministry of Religion. This shows that trading in influence as a criminal act of corruption has occurred in Indonesia. Therefore, as a country that has ratified UNCAC, criminal law policies related to eradicating corruption in Indonesia need to adopt the provisions of Article 18 of UNCAC to increase the effectiveness of law enforcement on corruption in Indonesia.