CD Skripsi
Politik Hukum Pembentukan Dewan Pengawas Dikaitkan Dengan Independensi Kewenangan Yudisial Komisi Pemberantasan Korupsi
ABSTRACT
This study aims to find out how legal politics related to the formation of a
supevisory board is associated with the independence of the judicial authority of
the corruption eradication commission. The formulation of the problem raised is
how the Judicial Eradication Commission’s judicial authority arrangements after
the decision of the Constitutional Court and how the legal politics of establishing
a supervisory board is related to the independence of the Corruption Eradication
Commission’s judicial authority.
This research is a normative juridical research, research conducted based
on legal material and legislation. The approach taken includes the literature
approach, namely by studying books and legislation. The type of data used is the
type of premier data, namely the source of data obtained through laws related to
the Corruption Eradication Commission’s, secondary data sources namely data
sources originating from books and other regulations, consisting of premier legal
material, statutory regulation governing the Corruption Eradication
Commission’s.
The theories used in this research are the theory of state institutions and
legal political theory. The results of this study indicate that after the enactment of
Law Number 19 of 2019 concerning the second Amendment to Law Numbe 30 of
2002. Concerning Corruption Eradication Commission’s (KPK), the position of
the KPK which was originally a non-governmental institution is now included in
the executive power cluster, and the existence of the addition of articles in Law
Number 19 of 2019 related to the exsistence of a Board of Trustees contained in
Article 12B and Article 12C. With the addition of Article concerning the
Supervisory Board, the KPK in carrying out its duties and authority is no longer
independent and weakens the independence of the KPK.
Whereas in the Constitutional Court Decision Number 36/PUU-XV/2017
states, “That the KPK can be object of the DPR’s questionnaire rights in its
oversight function, the DPR can exercise its constitutional rights including the
inquiry right to the KPK only limited to matters relating to implementation of the
duties and authority of the KPK in addition to carrying out the duties and
authorities relating to its judicial duties and authorities (investigation,
investigation and prosecution)”. This makes no synchronization between the
decision of the Constitutional Court Number 36/PUU-XV/2017 with law number
19 of 2019 concerning the Corruption Eradication Commission
Keywords: the authority of the corruption eradication commission, the
ruling of the constitutional court, amendments to the law
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