SEXTORTION SEBAGAI BENTUK GRATIFIKASI SEKSUAL DALAM TINDAK PIDANA KORUPSI PASAL 12B UNDANG-UNDANG NO. 20 TAHUN 2001: STUDI KOMPARATIF AMERIKA SERIKAT DAN ITALIA

The phenomenon of sextortion as an abuse of authority to obtain sexual benefits reflects the evolving modalities of corruption crimes that are no longer limited to monetary or material advantages. In the Indonesian legal system, this practice has not yet gained normative certainty, as Law Number 20 of 2001 on the Eradication of Criminal Corruption does not explicitly regulate sexual gratification, despite Article 12B containing the phrase “other facilities,” which allows for broad interpretation. This condition gives rise to legal problems concerning normative gaps and the effectiveness of law enforcement in addressing sextortion as a form of corruption. The research problems addressed in this study are: first, how sextortion can be constructed as a form of sexual gratification through the interpretation of the phrase “other facilities” under Article 12B of the Anti-Corruption Law; and second, how sextortion is regulated and handled in practice in the United States and Italy. This research aims to analyse the juridical construction of sextortion as sexual gratification within Indonesian positive law and to examine comparative regulatory models applied in those two countries. This study employs a normative legal research method with statutory, conceptual, and comparative approaches, through an analysis of Article 12B of Law Number 20 of 2001, doctrinal perspectives on sexual corruption, and law enforcement practices in the United States and Italy. The findings indicate that sextortion can be juridically constructed as a form of sexual gratification falling within the scope of the phrase “other facilities,” provided that the elements of abuse of authority, linkage to official position, and quid pro quo are fulfilled. This research concludes that strengthening and reconstructing the normative framework of Article 12B of the Anti-Corruption Law is necessary to ensure legal certainty and enhance the effectiveness of combating non-material forms of corruption.