Pembuktian Pengaruh Jabatan Penyelenggara Negara Terhadap Terjadinya Tindak Pidana Korupsi

Arliansyah Arliansyah (Universitas Sriwijaya)

Lex Stricta : Jurnal Ilmu Hukum
Vol. 2 No. 3 (2024)

This research aims to find out the category of action of State Official who use their influence in doing Corruption, Like How to Prove and about the construction of the law. In 2003 United Nations (UN) declared a United Nations Convention Against Corruption. Trading in Influence was established as one of the acts of corruption. Indonesia has ratified the UNCAC, by publishing constitution of The Republic of Indonesia Number 7 of 2006 but the trading of influence has not been included. It is often debated even though there are no rules regarding the trading of influence, but a number of case are considered to be a form of trading in influence,the suspect has been convicted using bribery articles. In terms of proof of corruption, in general,it's based on criminal code procedures (KUHAP), there are two evidences and convictions of judges, in specific aspect is relating to materials that can be used by judges to find electronic documents such as pictures, audio and videos.