The purpose of this study was to analyze the status and position of the Corruption Eradication Commission (KPK) in the state system of Indonesia. In addition, also to find out how the comparison between the Corruption Eradication Commission in Indonesia with other nations.
This study is the sort of normative legal research or legal writing literature, namely that legal research is done by examining library materials or secondary data, the data obtained from the results of research and study materials library. The materials are arranged systematically, examined, and then drawn a conclusion in relation to the problem under study.
Based on these results the conclusion that that status Corruption Eradication Commission (KPK) is a state institution that is independent and is related to the judicial authorities but not under the power of the judiciary. In this case also confirms the existence regarding the status of a state agency, the Constitutional Court declared that the constitutional system of Indonesia, the term "state agency" does not always included as a state institution which is only mentioned in the Constitution of the Republic of Indonesia Year 1945 alone, or are formed based on constitutional commands, but there are also other state institutions which formed the basis of orders from regulation under the constitution, such as the Law and even the Presidential Decree (Decree). Meanwhile, some have argued that the existence of the Corruption Eradication Commission is an extra constitutional is wrong. Because, the existence of the Corruption Eradication Commission (KPK) is expressly provided for in Law Number 30 Year 2002 on the Corruption Eradication Commission (KPK) law as a form of political corruption in the country.Thus the Corruption Eradication Commission (KPK) as a strong institution rather than eradication of corruption outside the state system, but instead placed in the juridical order in the state system which is essentially already in the Constitution of the Republic of Indonesia Year 1945. And also that the position of the organ may be called second-tier state institution only.Someone gets its authority from the Constitution of the Republic of Indonesia Year 1945, for example, is the Judicial Commission, the Indonesian National Army, and the State Police, while institutions are the source kewenanganya legislation, for example, is the Komnas HAM, the Indonesian Broadcasting Commission, Commission for the Eradication corruption and so on.Position the two types of state institutions can disebandingkan one another. It''s just that, although no higher position, but much more powerful. Its existence emplisit mentioned in the legislation, so it can not be excluded or dismissed simply because the policy of the legislators.
While the comparison of the Corruption Eradication Commission in Indonesia contained to those in other countries is that the Corruption Eradication Commission (KPK) in Indonesia when compared to the Corruption Eradication Commission in other countries, the Corruption Eradication Commission (KPK) in Indonesia is much more extensive powers, even be a super body as in the case of investigation of corruption offenses is higher institution of the Attorney General, because it can take over the case from the prosecutor even supervising attorneys and police agencies in the investigation of corruption offenses even though in practice not able to do.