Trading in Influence (Perdagangan Pengaruh) Dalam Tindak Pidana Korupsi

Abstract

In corruption cases it was found that in substance a crime of trading in influence had occurred, but because the act of trading in influence had not been criminalized into the Corruption Crime Act, so these cases were often processed using the Articles of Bribery and Articles of Gratification because incidentally the perpetrators were state administrators, even though the act of trading influence that is mostly carried out by political figures, both carried out by administrators and those who are not state administrators, has a major influence on government officials. Cases of trade influence in Indonesia have actually occurred many times and for a long time with different modes. However, there is no explicit regulation of influence trading so far. This legal vacuum makes law enforcers doubt which article should be charged. Identification of the problem of legal writing (thesis), that is, what is meant by the crime of trading in influence (Influence of Trading)?, what is the criminal responsibility for the cost of ratifying Article 18 of the United Nation Convention Against Corruption (UNCAC) concerning Trading Influence or the influence of trade associated with the Law Law Number 20 of 2001 Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes?, and how is the analysis of trading in the elements of Trading In Influence reviewed in the Irman Gusman case decision Number: 112/PID.SUS/TPK/2016/PN .JKT .PST?. This research method is a normative type with the nature of an analytical descriptive research. The data collection method was carried out through library research and field research, data processing was carried out using qualitative methods. Based on the cases that have occurred, law enforcers often use the bribery article for matters of influence trading, such as in the case of Irman Gusman in the writing of this law. In this case, Irman was said to be trading in influence, but because the influence of trade did not yet have a terminology in the Corruption Crime Act, the case was subject to an article on bribery. Therefore the authors provide suggestions, namely the need for a comprehensive academic study related to industrial influence in corruption crimes, so that later conclusions can be drawn whether or not influence trading rules are needed to be included in the Corruption Crime Act.

 Keyword : Trading Influence, Corruption Crime Act.