Corruptio
Vol 5 No 2 (2024)

The Urgency of Regulating Trading in Influence: An Analysis of the Doctrine of Participation in Indonesian Criminal Law

Sitorus, Talenta (Unknown)
Rusmiati, Elis (Unknown)
Sulistyani, Wanodyo (Unknown)



Article Info

Publish Date
10 Apr 2025

Abstract

Trading in influence is a non-mandatory offense regulated under the United Nations Convention Against Corruption (UNCAC). Indonesia ratified the UNCAC through Law Number 7 of 2006. In practice, trading in influence has been prevalent in Indonesia; however, it is often prosecuted as bribery. Perpetrators are typically charged under Article 55 of the Criminal Code (concerning participation) in conjunction with bribery or gratuity provisions under the Corruption Eradication Act. This research employs a normative legal research method, analyzing laws, legal literature, and doctrines related to the concept of influence trading. The findings indicate an urgent need for explicit regulation of trading in influence within Indonesia’s legal framework. The current anti-corruption laws, particularly when applied alongside Article 55, do not comprehensively address cases where influence trading occurs without direct bribery but still results in financial losses to the state. Establishing clear legal provisions on trading in influence is essential to prevent legal uncertainty and close existing regulatory gaps.

Copyrights © 2024






Journal Info

Abbrev

corruptio

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal Corruptio is an international journal of anti-corruption published by the Law Faculty of Universitas Lampung as a platform for academicians, researchers, and practitioners to publish their authentic articles or reviews regarding communication and development of the criminal law, legal ...