PEMBAHARUAN UNDANG-UNDANG KORUPSI DENGAN MEMASUKKAN TINDAKAN MEMPERDAGANGKAN PENGARUH SEBAGAI SEBUAH TINDAK PIDANA KORUPSI DALAM SISTEM HUKUM PIDANA NASIONAL INDONESIA

Abstract

Indonesia has also signed the United Nations Convention Against Corruption
(UNCAC). There are eleven types of corruption in the United Nations Convention Against
Corruption which are contained in Articles 15 to 25. Trading in influence is regulated in
Article 18 of the United Nations Convention Against Corruption, which is corrupt behavior
that deviates from ethics and morality (moral corruption) because basically it aims to obtain
an undue advantage by exploiting or abusing influence either because of public office or
influence arising from political relations, kinship, friendship, or other relationships.
Indonesia has ratified the United Nations Convention Against Corruption through
Law Number 7 of 2006 but, trading in influence has not been accommodated as a criminal act
of corruption. Due to establish an act as a criminal act of corruption there must be sanctions
and the action is criminalized in a regulation. However, until now, trading in influence has
not been criminalized as a criminal act of corruption in Indonesia. For this reason, it is
necessary to reform the Corruption Crime Act by including this action.
This research is a normative legal research. It is also called doctrinal legal research,
namely legal research that uses data based on library research by taking quotes from the
literature that is related to the problem to be studied. Thus, this study uses secondary data
sources consisting of primary, secondary, and tertiary legal materials. This study also uses
qualitative analysis and produces descriptive data.
From the results of the discussion and research conducted, there are several
conclusions obtained, namely: First, Trading Influence is the root of corruption based on the
characteristics, it can be said that trading in influence is often found in Indonesian politics
and until now the law on corruption crimes has not accommodated this act, secondly. find the
appropriate categories of offenses and sanctions to include Trading Influence as a criminal
act of corruption in the corruption law by considering the views of life, awareness and legal
ideals, as well as the philosophy of the Indonesian nation originating from Pancasila and the
Preamble to the Constitution of the Republic of Indonesia 1945.

Keywords: Trading Influence – Corruption – Crime – Sanctions.