Construction of Criminal Legal Institution Commission for the Eradication of Corruption in Performing the Functions of Eradication of Crime of Corruption in Establishing Independent Institutions

Abstract

In the Republic of Indonesia which is a rule of law country as set forth in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, various government efforts to eradicate corruption have been carried out, but have not yielded optimal results. The preventive efforts that have been made by the government in eradicating criminal acts of corruption began with the formation of a number of national legal instruments, both in the form of statutory regulations and in the form of decisions of the constitutional court. The method that the authors use in this study is a normative juridical method and a comparative legal system approach in examining the legal construction of the position of the Corruption Eradication Commission in carrying out its function of eradicating corruption in creating an independent institution. The results of the first study, the latest revision of the KPK Law stated that the Corruption Eradication Commission was included in the group of executive powers, it can be understood that the 1945 Constitution no longer adheres to the Triassic Politica theory, because there has been a reform in the division of powers, namely the existence of checks and balances. State institutions that support the establishment of a democratic rule of law.