Reformulasi Komisi Pemberantasan Korupsi Sebagai Lembaga Negara Penunjang yang Independen dalam Sistem Ketatanegaraan Indonesia

Abstract

Since its establishment, the Corruption Eradication Commission (KPK) has been categorized as an independent supporting state institution. However, in the development of Indonesian state administration, there has been a change in the position of the KPK in the state administration system. The formulation of the problem in writing this thesis is how the position of an independent supporting state institution in the Indonesian constitutional system, how the development of the position of the Corruption Eradication Commission in the Indonesian constitutional system, and how the policy concept of reformulation of the Corruption Eradication Commission as an independent supporting state institution in combating corruption in Indonesia. The method used in writing this thesis is a descriptive normative legal research method using a statute approach, conceptual approach, historical approach, and case approach. The conclusion of this thesis shows that independent supporting state institutions are part of state auxiliary agencies or auxiliary institutions that are placed as second-tier institutions because of their function as supporting the main state institutions. In the history of Indonesian state administration, there have been changes in the position of the KPK based on Law Number 30 of 2002, Constitutional Court Decision Number 133/PUU-VII/2009, and 37-39/PUU-VIII/2010 KPK is categorized as an independent supporting state institution. Whereas in Constitutional Court Decisions Number 012-016-019/PUU IV/2016 and 5/PUU-IX/2011 the KPK was categorized as an independent supporting state institution related to judicial power. Then, through Constitutional Court Decision Number 36/PUU-XV/2017, Law Number 19 of 2019, and Constitutional Court Decision Number 70/PUU-XVII/2019, the KPK was placed in the frame of independent executive power. The policy concept of reformulating the Corruption Eradication Commission as an independent supporting state institution can be done by emphasizing the position of the KPK as an independent supporting state institution in the constitutional system, affirming the KPK leadership as investigators and public prosecutors, regulation of the implementing organs of the supervisory board through the KPK Regulation, staggered leadership periods, and limited immunity rights for KPK leaders.