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All Journal Jurnal Ilmiah Hukum LEGALITY Ilomata International Journal of Social Science
Rismara, Nabila Aprilia
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Other

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Legal Construction of Trading in Influence in Corruption Crimes: A Positive and Islamic Law Perspective Cahyani, Tinuk Dwi; Zuhri, Muhammad Arif; Suryaningsih; Rismara, Nabila Aprilia
Ilomata International Journal of Social Science Vol. 6 No. 4 (2025): October 2025
Publisher : Yayasan Ilomata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/ijss.v6i4.1846

Abstract

Trading in influence is a corruption practice involving the abuse of position or relationships to influence officials for personal or group gain. While recognized under the United Nations Convention against Corruption (UNCAC) Article 18, Indonesian positive law does not explicitly regulate this act. This study aims to (1) identify gaps in Indonesian law regarding influence peddling, (2) examine the potential for its inclusion as a corruption crime, and (3) explore the relevance of Islamic law as a normative foundation. Using normative legal methods with a doctrinal approach, the research analyzes legislation, international conventions, expert opinions, and Islamic legal sources such as the Qur’an, Hadith, and jurisprudence. Findings show a normative gap in Indonesian law, while Islamic law strongly prohibits abuse of influence through bribery and istighlal al-jah. Influence trading contradicts principles of justice, honesty, and trustworthiness, as well as the objectives of maqasid sharia, since it disrupts the economic order and harms society. Although Indonesia ratified UNCAC, national law still lacks provisions to prosecute such acts. Therefore, trading in influence should be firmly formulated in future legal reforms (ius constituendum) to enhance anti-corruption efforts and ensure justice in line with Islamic values.
When Technology Meets Transparency & Accountability: A Strategy to Prevent Corruption in Local Government Cahyani, Tinuk Dwi; Kurniawan, Wahyudi; Nuryasin, Ilyas; Rismara, Nabila Aprilia; Ujilast, Farhan Alif
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42538

Abstract

This study aims to develop an information technology–based transparency and accountability model to support corruption prevention in local government procurement in Batu City, East Java, Indonesia.  Adopting a qualitative approach, this study combines a literature review with data collected through Focus Group Discussions (FGDs) involving Batu City Government’s officials and village leaders. Data were analysed using NVivo 12 Plus to identify recurring patterns and key themes related to governance, technology, and integrity. The findings reveal that although Batu City has promoted digitalisation through agency-specific applications, the absence of an integrated cross-agency procurement system creates oversight gaps and accountability risks. The study highlights that effective IT-based procurement systems require not only data integration and open budget information but also reliable human resource integrity and ethical commitment. Advanced digital systems alone are insufficient without a robust anti-corruption culture. This study proposes an integrated information-technology model for goods and services procurement to help enhance budget transparency, accelerate anomaly detection, improve procurement traceability, and strengthen digital evidence for law enforcement. The proposed model serves as a strategic and sustainable oversight instrument, thereby reinforcing regional anti-corruption enforcement frameworks.
Co-Authors Eko Budi Cahyono Kurniawan, Wahyudi Muhammad Arif Zuhri suryaningsih Tinuk Dwi Cahyani Ujilast, Farhan Alif