Kewenangan Komisi Pemberantasan Korupsi dalam Pencegahan Pelaku Tindak Pidana Korupsi berdasarkan Undang-Undang Nomor 30 Tahon 2002 tentang Komisi Pemberantasan Korupsi

Abstract

Article 21 of Law No.30/2002 stales that in the implementation of the task of investigation and suing as meant in Article 6 (c), the Corruption Elimination Commission (KPK) has the authority to give instruction to related agencies to prohibit someone to go abroad. Based on the above stipulation, the purpose of this study was to describe the form of cooperation between the KP K and the related agencies concerning the prohibition of a corruptor to go abroad, to find out whether or not the authority of KP K to prohibit a corruptor to abroad is overlapping with the authority held by the police and public prosecutor, and to analyze whether or not the prohibition of a corruptor to go abroad by KP K is against the principle of presumption of innocence. This study employed the normative juridical approach as a process to find out a rule of law or legal doctrines to answer the existing legal problems. The data obtained were qualitatively analyzed. The result of this study showed that in prohibiting a corruptor to go abroad, the KP K needs to cooperate with the other related agency such as the Ministry of Law and Human Rights because the Directorate General of Immigration is currently under the Ministry of Law and Human Rights. The prohibition of a corruptor to go abroad by the KP K is not overlapping with the authority held by the police and public prosecutor. The authority held by the KP K is especially intended to eliminate corruption. for a conflict occurs concerning the prohibition of a corruptor to go abroad, the prohibition under the authority of KPK is the one put in to effect because this authority of KP K is in accordance with the legal principle of lex specialist derogate legi generalist. Basically, a legal prohibition is a form of human rights limitation and it is against the principle of presumption of innocence. The legal prohibition applied by the KP K to the corruptor is not to restrict the human rights and not against the principle of presumption of innocence. The authority held by the KP K is legal and in accordance with the legal principle saying that state has the right to limit the rights of its citizens for the interest of the state and community in the form of legislation. The authority of legal prohibition held by the KP K is attributive provided by the law through Law No.30/2002 on Corruption Elimination Commission (KPK It is suggested that the regulation of authority of KPK in legally prohibiting the corruptor to go abroad be regulated through Law of KPK.