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All Journal Governance : Jurnal Ilmu Pemerintahan Sociological Jurisprudence Journal BINAMULIA HUKUM Lex Lata: Jurnal Ilmah Ilmu Hukum Jurnal Hukum Sasana Jurnal Ilmiah Raad Kertha Jurnal Kajian Ilmiah International Journal of Environmental, Sustainability, and Social Science Jurnal Manajemen Publik dan Kebijakan Publik (JMPKP) Jurnal Adhikari International Journal of Social Service and Research Journal of Social Research Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat Eduvest - Journal of Universal Studies Binamulia Hukum INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Amalia Syauket
Faculty Of Law, Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia
Religion Aerospace Engineering Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Disharmony in The Regulation of Trading in Influence Within The Criminal Offense of Bribery and Its Impact on Governance Amalia Syauket
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.117-127

Abstract

In Indonesia, corruption has become akin to an advanced-stage cancer, difficult to cure and deeply entrenched. The severe consequences of corruption were a driving force behind the United Nations Convention Against Corruption (UNCAC) Summit held from December 9–11, 2003, in Merida, Mexico. This convention, ratified by 133 countries including Indonesia, became the first legally binding international anti-corruption instrument. However, the concept of trading in influence has yet to be formally adopted as a criminal offense under Indonesia’s Law on the Eradication of Corruption Crimes, despite being recognized as a distinct offense under Articles 12 and 18 of the UNCAC. The disharmony between trading in influence and the offense of bribery lies in several key aspects, although both are forms of corruption that must be addressed. This normative juridical research aims to identify the key aspects contributing to the disharmony in regulating trading in influence under bribery provisions, which in turn creates legal uncertainty. Furthermore, the study investigates the implications of this disharmony for governance. The academic analysis concludes that integrating trading in influence into the offense of bribery without clear distinction and careful consideration may lead to horizontal disharmony within the legal framework. Another consequence is that officials involved in trading in influence may be prosecuted under bribery provisions, thereby facing the risk of imprisonment and substantial fines. This regulatory gap also reveals a deficit in ethical integrity reflecting moral corruption among public officials which significantly undermines governance. Its direct consequences include declining public trust and the erosion of good governance practices. Ultimately, such corruption not only gradually dismantles state structures but also endangers the foundational interests of the nation.
LEGAL PROTECTION FOR PERPETRATORS OF MINOR ENVIRONMENTAL CRIMES Priska Deianeira Kulape; Amalia Syauket; Rama Dhianty
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1932

Abstract

Supreme Court Regulation Number 02 of 2012 concerning Adjustment of the Limits of Light Criminal Acts and the Amount of Fines was created with the intention of facilitating law enforcement, especially judges, to administer justice in the cases they adjudicate. However, in practice, restorative justice with ADR methods has not been optimally applied to light criminal acts. One of the areas with the most disparities is the issue of light criminal acts in the field of the environment. Therefore, this research aims to determine what constitutes light criminal acts in the field of the environment and to understand the legal protection for perpetrators of light criminal acts in the field of the environment. The research method used is a normative juridical method using secondary legal sources. The results of the study indicate the scope of light criminal acts in the field of the environment. Criminal acts regulated in Law Number 32 of 2009 concerning Environmental Protection and Management are specified in Articles 41 to 44 of Law Number 32 of 2009. If there is minor theft for environmental results, the Criminal Code must also be considered as the legal framework specifically regulating theft (lex specialis derogat legi generali). Legal protection for perpetrators of light criminal acts in the field of the environment must align with the goals of criminalization, with sociological, ideological, and juridical-philosophical approaches, based on the fundamental assumption that criminal acts disrupt the balance, harmony, and coherence in community life
Co-Authors Aidy, Widya Romasindah Ali Johardi Awaludin Marwan Bambang Karsono Cornelia Evelin Cabui Cornelia Evelin Cabui Donny Ramadhan Dwi Atmoko Dwi Atmoko Dwi Seno WIJANARKO Edi Saputra Hasibuan Finanto, Mic Fransiska Novita Eleanora Ika Dewi Sartika Saimima Kardinah Indrianna Meutia Muhammad Andi Prastio Nina Zainab P Simarmata, Rajanner Poedji Lestari, Sri Priska Deianeira Kulape Rahadi Budi Prayitno Rajanner P Simarmata Rajanner P Simarmata Rajanner P. Simarmata Rama Dhianty Sri Poedji Lestari Tyastuti Sri Lestari