The Existence Of Illegal Sweeping In The Constitutional Law Perspective

摘要

The establishment of state institutions with duties, functions and authority to eradicate corruption is nothing new in the institutional system existing in the Republic of Indonesia. However, the formation of these state institutions has the potential to gain overlap of authorities between one institution and the other state institutions which have the same duties, functions and powers, one of which is the Task Force Clean Sweep of Illegal Levies. This institution was formed as an effort to eradicate the practice of illegal levies in Indonesia, in which it is also part of the criminal act of corruption. Therefore, it is necessary to establish arrangement related to the existence of Department of Task Force Clean Sweep of Illegal Levies to overcome the corruption matters. In regards to this research, this thesis employed normative law research method by examining the rules of law that have been applied and related to the formation of Task Force Clean Sweep of Illegal Levies, by using statue approach, historical approach and comparative approach. The result of this research showed that the formation of new state institution that has function and authority to perform corruption eradication, e.g. Task Force Clean Sweep of Illegal Levies, must consider some aspects such as task, functions and the other quality. On the other hand, the arrangement of the Task Force Clean Sweep of Illegal Levies must minimize the potential for overlapping that will occur with other state institutions.