POLITIK HUKUM KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM STRUKTUR KETATANEGARAAN INDONESIA

Abstract

Highlighting the performance of the executive, legislative and judicial
governments, which often deviate from the rules and have violated the constitution,
causing losses to the state. These deviant acts are rampant acts of corruption that have
never disappeared from the government from the past until now. In fact, the legitimacy of
previous institutions tends to be questioned, due to the widespread practices of
corruption, collusion and nepotism that occur in these institutions. This is the
background that requires an institution that has a special task to eradicate corruption
within the Indonesian government, so a new institution was formed in the reform era in
Indonesia, namely the Corruption Eradication Commission (KPK). This is because the
criminal act of corruption is defined as an action carried out by individuals in the
legislative, judicial and private institutions whose aim is to benefit themselves and others.
increasing the level of public trust in the KPK, it turns out that the state issued a new
regulation to the KPK, namely Law of the Republic of Indonesia Number 19 of 2019
concerning the Second Amendment to Law Number 30 of 2002 concerning the
Corruption Eradication Commission which has become controversial for the public
because of several articles that contained in this Law has weakened the position of the
Corruption Eradication Commission in carrying out its duties and authority. This is what
underlies the need for this research.
This research is normative legal research. This is based on library research
which takes quotations from reading books, or supporting books that are related to the
problem to be researched. Data sources Primary, secondary and tertiary data sources
are characteristic of this research. This research also uses qualitative data analysis and
produces descriptive data. From the results of the research and discussions carried out,
several conclusions were obtained, namely: First, eradicating corruption is a reform
mandate that requires government administration that is free from corruption, collusion
and nepotism as mandated in Law Number 28 of 1999 concerning State Administration
Practices. which is Free and Clean from Corruption, Collusion and Nepotism. To carry
out this mandate, the Corruption Eradication Commission (KPK) was formed as a body
that has the authority to investigate, investigate and prosecute criminal acts of
corruption, therefore it became inevitable that the Corruption Eradication Commission
was born amidst the ineffectiveness of the Prosecutor and Police in eradicating
corruption cases in Indonesia. Second, changes were made to the Law
Keywords: Corruption Crimes, State Constitutional Structure, Trias Politica