JURNAL ILMIAH LIVING LAW
Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law

Reconstructing Trading in Influence as a Corruption Offense in Indonesian Criminal Law Reform and UNCAC Perspectives

Adek Junjunan Syaid (Universitas Islam As-Syafi'iyah)



Article Info

Publish Date
25 Aug 2026

Abstract

Trading in influence is a form of modern corruption that develops along with the complexity of power relations within governance systems. The main issue addressed in this research is the absence of explicit regulation of trading in influence in Indonesian positive law, despite its recognition under the United Nations Convention Against Corruption (UNCAC). This study aims to analyze the regulation of trading in influence in UNCAC, examine the legal vacuum in national law, and formulate the reconstruction of such offense within the framework of criminal law reform. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings reveal that the absence of trading in influence regulation limits law enforcement in addressing corruption practices, particularly those involving abuse of influence that do not meet the elements of bribery or gratification. Therefore, reconstruction of the trading in influence offense is necessary by adopting UNCAC principles to ensure legal certainty and enhance the effectiveness of corruption eradication in Indonesia.

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Journal Info

Abbrev

livinglaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and ...