KEDUDUKAN DAN KEWENANGAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DITINJAU DARI PERSPEKTIF HUKUM KETATANEGARAAN

NUSANTARA, BERNADETHA PRIMA ANGGA BEBASARI ADHI DIAN (2012) KEDUDUKAN DAN KEWENANGAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI DITINJAU DARI PERSPEKTIF HUKUM KETATANEGARAAN. S1 thesis, UAJY.

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Abstract

Over Reform in Indonesia emerged various changes in the state system, particularly changes to the Constitution of the State of Indonesia. One result of the Constitutional Amendment Act of the Republic of Indonesia Year 1945 (State Constitution Indonesia of 1945) is the shift of the supremacy of the People's Consultative Assembly (MPR) to the supremacy of the constitution. As a result, the MPR is not longer the highest state institution because of all state institutions equal seated in the mechanism of checks and balances. Meanwhile, the constitution is positioned as the highest law that regulates and limits the power of state institutions. The development of the concept of trias politica also affect the institutional structure changes in Indonesia. In many countries, the classic concept of separation of powers is deemed no longer relevant because the three functions of the existing powers are not able to bear the burden of the state in running the government. To answer these demands, the state established a new type of state institution which is expected to be more responsive in addressing the actual problem state. So, stand various state agencies that help the task of state institutions which according to Prof.. Dr. Jimly Asshidiqie, SH referred to as "State Institutions Help" in the form of board, commission, committee, agency, or authority, with their respective duties and responsibilities. Some experts still classify institutions state aid within the scope of the executive, but there are also scholars who put their own as the fourth branch of government power. In the context of Indonesia, the presence of auxiliary state institutions mushroomed after the change of Constitution of Indonesia Year 1945. Various state aids are not formed with a uniform legal basis. Some of them stand above constitutional mandate, but there also acquire legitimacy by law or presidential decree. One of the auxiliary state institution established by law is the Corruption Eradication Commission (KPK). Although it is independent and free from any authority, the Commission remains dependent on the executive power in connection with organizational issues, and has a special relationship with the judiciary in terms of prosecution and trials of corruption crimes. Going forward, the position of state agencies such as the Commission requires assistive legal legitimacy is stronger and more assertive and more support from the community.

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