Karya Ilmiah

DISERTASI (207) - Memperdagangkan Pengaruh (trading in influence) Sebagai Tindak Pidana Korupsi

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This study is a normative legal research using the Law regulatory approach,
a conceptual approach to a comparative approach and a case approach. This
study uses primary legal materials and secondary legal materials and uses
research steps that include determining legal issues, determining relevant legal
rules, analyzing and interpreting them for conclusions. This study aims to find a
philosophy of corruption associated with Trading in Influence that occurred in the
midst of Indonesian society, to determine whether it should be criminalized into a
violation of Corruption.
The philosophy of trading in influence is a corrupt behavior that deviates
from ethics and morality because it essentially aims to gain an undeserved
advantage by exploiting or misusing influences either due to public office or the
influence arising from political relations, kinship, friendship or other
relationships.
From several cases of corruption found substantially has been dealing with
the effect of trading, but because there has been no criminalization of trading in
influence act into Corruption Act, so that it is processed by using the bribe
chapters because by chance the offender is a state organizer, whereas the act of
trading influence many done by political figures who are not state organizers but
have a great influence on government officials.
The main difference between the act of trading in influence and bribery lies
in the subject of law, in which the trading in influence person has the influence
(not just the civil servant or state organizer) while in the bribe must be a civil
servant or state administrator. Secondly, the act of the offender in the act of
trading in influence has no direct contravention with his obligations or authorities
but makes use of his real or perceived influence, while bribery must do or not act
against his duty or authority or acceptance relating to his position and contrary to
his duty.
The development of the mode and the perpetrators of corruption shows that
intellectual actors of corruption often arise from political forces who are not state
administrators by abusing their influence. Therefore, the act of trading in
influence is the time to be criminalized into a criminal act of corruption in the Act
of Corruption, so that when there is an act of trading in influence done by
political figures who are not Civil Servants or State Organizers as well as private
parties, they can be processed by law.

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Ketersediaan

031327017325

207

Ruang Disertasi

Sedang Dipinjam (Jatuh tempo pada2019-03-20)

Informasi Detail

Judul Seri

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No. Panggil

207

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PIDANA KORUPSI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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