Embezzlement, Trading in

Influence, Abuse of
Function, Illict Enrichment
Satria Unggul W.P.,SH.,MH.
Hukum Anti-Korupsi Internasional
Fakultas Hukum UMSurabaya
Article 17. Embezzlement, misappropriation or other
diversion of property by a public official
Each State Party shall the embezzlement,
to establish as criminal
adopt such legislative misappropriation or
offences, when
and other measures as other diversion by a
committed intentionally,
may be necessary public official

of any property, public for his or her benefit or

to the public official by
or private funds or for the benefit of
virtue of his or her
securities or any other another person or
position.
thing of value entrusted entity,
Pattern of Emblezzlement
Jann Dunin-Wazcowitz & Phillips N.Nichols (ed), 2021: 227

and any other offence

In addition to illicit
the defnition of state should include the mentioned in
and non-transparent
capture through embezzlement of international anti-
payments to public
corruption public funds corruption
offcials and politicians
conventions
Article 18. Trading in influence
Each State Party shall
(a) The promise, offering or giving to a
public official or any other per- son,
directly or indirectly, of an undue

consider adopting such

advantage in order that the public official
or the person abuse his or her real or
supposed influence with a view to

legislative and other

obtaining from an administration or
public authority of the State Party an
undue advantage for the original

meas- ures as may be

instigator of the act or for any other
person;

necessary to establish as (b) The solicitation or acceptance by a

public official or any other person,

criminal offences, when

directly or indirectly, of an undue
advantage for himself or herself or for
another person in order that the public

committed intentionally:
official or the person abuse his or her real
or supposed influence with a view to
obtaining from an administration or
public authority of the State Party an
undue advantage.
Gap Analysist in Indonesia Regarding
Trading in Influence

This article is of vital importance

in our strategy of preventing and
combating corruption and should
be applied to all public officials
that have to make wealth
declarations.
To this end, Law number 31 of 1999
permits the onus of proof at the trial. At
present, it has not yet been
implemented since there are no rules of
procedure for it.
Article 19. Abuse of functions
• Each State Party shall
consider adopting such
legislative and other
measures as may be
necessary to establish as a
criminal offence,
The State parties
obligation
The Pattern of
Crimes
• when committed
intentionally the abuse of
functions or position, that is,
the performance of or failure
to perform an act, in
violation of laws, by a public
official in the
• In the discharge of his or her
functions, for the purpose of
obtaining an undue
advantage for himself or
herself or for another person
or entity.
Subject
 Article 20. Illicit enrichment
Subject to its that is, a significant
as a criminal

The irrational significant increase

Object of Crimes
The State parties obligations

constitution and increase in the

the fundamental offence, assets of a public
principles of its official that he or
legal system, each
when she cannot
State Party shall committed reasonably explain
consider adopting in relation to his or
such legislative and
intentionally, her lawful income.
other measures as illicit
may be necessary
to establish
enrichment,
Illict Enrichment under UNCAC
ICW, 2014: 24
UNCAC mengatur sangat terperinci dan
Subyek yang bertanggungjawab
lebih luas tentang illicit enrichment.
Pengertian illicit enrichment dalam Jadi disini yang menjadi subjek adalah
Konvensi ini tidak saja ditujukan setiap pejabat publik termasuk
kepada pejabat public secara pegawai publik yang meningkat
konvensional melainkan secara luas asetnya dari seluruh pendapatan yang
yang melungkupi setiap pegawai sudah di laporkan harta kekayaannya
public secara luas guna menjelaskan kepada Negara.
peningkatan aset yang siginikan dari
seluruh pendapatan (baik berupa gaji
atau bukan) yang telah dilaporkan
kekayaannya kepada Negara.