KEBERADAAN KEJAKSAAN TERHADAP KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM MELAKUKAN PENYIDIKAN TINDAK PIDANA KORUPSI

WOLA, IVAN STEVEN FELIK (2008) KEBERADAAN KEJAKSAAN TERHADAP KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM MELAKUKAN PENYIDIKAN TINDAK PIDANA KORUPSI. S1 thesis, UAJY.

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Abstract

Corruption in literal meaning is a crime, rottenness, bribery, immorality, depravity, dishonest that use authority to enrich themselves/other persons/ corporation which could bring suffering toward state financial and economy, depravity of the perpetrator of corruption crime can suffer the social life in a state continuously. Thus, corruption is also mentioned as an extraordinary crime and mentioned as transnational crime. Therefore, more modern ways should be used to eliminate corruption crime. In this matter, the prosecutor is an independent institution in conducting eliminating of corruption act that is established based on the Law Number 16 of 2004. Currently, it becomes social consideration on the presence of prosecutor by the emergence of new institution, i.e. Commission of Corruption Eliminator (KPK) that is valued by most of parties has more superior authority in conducting investigation of corruption crime. It brings influence on how the presence of prosecutor in conducting investigation of criminal crime. This research intended to know the presence of prosecutor as an institution that has authority to conduct investigation by the attendance of Commission of Corruption Eliminator (KPK) in handling corruption criminal crime. In fact, the position of prosecutor and KPK is equal, by the reason based on the establishment of respective institutions appropriately to the law; thus, between prosecutor and KPK, there aren’t any hierarchic/ organizational relations. It makes the prosecutor have not obedient to KPK. However these two institutions are related to coordinal relations and supervision in order to increase their perceived respective roles by the attendance of KPK. The prosecutor can more optimize its performance in eliminating corruption. The conclusion from this legal writing is that the corruption crime gradually spreads, thus it damages this state’s economy. Thus, it is established institution so called KPK which is hoped to be able to cooperate with the prosecutor in eliminating the perpetrator of corruption who in conducting its credibility, it doesn’t exclude their respective authority in handling corruption crime. Thus there will not be any overlapping authority of these respective institutions. Thus, as suggestion from the author, it is better in conducting the overwhelming of corruption crime, there is any coordination and having tight mutual rows, either in the part of prosecutor and KPK, thus the efforts that are conducted can be more effective and maximal in eliminating the enemy of human, i.e. corruption.

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