Trading Influence as the Phenomenon of the Corruption in Indonesia (Study of application of UNCAC principles of trading influence in corruption act law in Indonesia)

摘要

This study intends to describe the model of engaging in the influence of corruption in Indonesia. Although it has not been regulated in anti-corruption laws, some cases of trafficking have been prosecuted by applying the provisions of a bribery offense. Reviewing the application of the principles of trading the influence of UNCAC on corruption courts in Indonesia is very important, in order to help people understands about law enforcement and the application of new principles in the courts and in efforts to renew the penal law, including to know some of its weaknesses and advantages. This research uses normative juridical approach method, with primary and secondary law material source, with some cases of corruption which have been reach a verdict in court, then analyzed by content analysis technique. The results of the research shows that elements of trading influence have been applied in law enforcement to cases of criminal acts of corruption. It can be found there are two models in the case of trading influence, namely vertical model and horizontal model. Therefore, to be more effective in punishing those who trade influence, it is necessary to immediately reform the corruption law, by accepting the principles of trade in influence as referred to in UNCAC as a crime.