Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)

The Position of the Corruption Eradication Commission in Indonesia’s Constitutional Law Perspective

Authors
Moh. Qusyairi1, *, Asep Bambang Hermanto2
1,2Universitas Pancasila
*Corresponding author. Email: 5219221041@univpancasila.ac.id
Corresponding Author
Moh. Qusyairi
Available Online 3 December 2021.
DOI
10.2991/assehr.k.211203.069How to use a DOI?
Keywords
Constitutional Law; KPK; State Assistance
Abstract

The Corruption Eradication Commission (KPK), as in Law Number 19 of 2019, article 3 reads, “The Corruption Eradication Commission is a state institution within the executive power clump which in carrying out its duties and authorities is independent and free from the influence of any power.” However, in carrying out its functions, it does not position itself as one of the “three institutions of power” as in the trias politica theory. As a state institution born from the womb of the reform era, there are many mentions of this new type of institution, including auxiliary institutions, sampiran institutions, state auxiliary institutions, or state auxiliary organs. Some call them sampiran state institutions, state aid agencies, or state commissions. But in principle, the Corruption Eradication Commission (KPK) places itself as an independent state institution related to judicial power but is not under the control of the judicial power. The birth of the KPK in a democratic country is a logical consequence of perfect governance by the principle of checks and balances free from extraordinary corruption crimes. The presence of the KPK in order to answer all public anxiety about corrupt practices in the Republic the KPK is believed to be the god of saving state money rather than other state institutions.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
10.2991/assehr.k.211203.069
ISSN
2352-5398
DOI
10.2991/assehr.k.211203.069How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Moh. Qusyairi
AU  - Asep Bambang Hermanto
PY  - 2021
DA  - 2021/12/03
TI  - The Position of the Corruption Eradication Commission in Indonesia’s Constitutional Law Perspective
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 308
EP  - 311
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.069
DO  - 10.2991/assehr.k.211203.069
ID  - Qusyairi2021
ER  -