KEDUDUKAN DAN KEWENANGAN KOMISIudPEMBERANTASAN KORUPSI (KPK) DALAMudPEMBERANTASAN TINDAK PIDANA KORUPSI DITINJAUudDARI PERSPEKTIF HUKUM KETATANEGARAAN

摘要

Over Reform in Indonesia emerged various changes in the state system, particularlyudchanges to the Constitution of the State of Indonesia. One result of the ConstitutionaludAmendment Act of the Republic of Indonesia Year 1945 (State Constitution Indonesia ofud1945) is the shift of the supremacy of the People's Consultative Assembly (MPR) to theudsupremacy of the constitution. As a result, the MPR is not longer the highest state institutionudbecause of all state institutions equal seated in the mechanism of checks and balances.udMeanwhile, the constitution is positioned as the highest law that regulates and limits theudpower of state institutions.udThe development of the concept of trias politica also affect the institutional structureudchanges in Indonesia. In many countries, the classic concept of separation of powers is deemedudno longer relevant because the three functions of the existing powers are not able to bear theudburden of the state in running the government. To answer these demands, the state establisheduda new type of state institution which is expected to be more responsive in addressing theudactual problem state. So, stand various state agencies that help the task of state institutionsudwhich according to Prof.. Dr. Jimly Asshidiqie, SH referred to as "State Institutions Help" inudthe form of board, commission, committee, agency, or authority, with their respective dutiesudand responsibilities. Some experts still classify institutions state aid within the scope of theudexecutive, but there are also scholars who put their own as the fourth branch of governmentudpower.udIn the context of Indonesia, the presence of auxiliary state institutions mushroomedudafter the change of Constitution of Indonesia Year 1945. Various state aids are not formedudwith a uniform legal basis. Some of them stand above constitutional mandate, but there alsoudacquire legitimacy by law or presidential decree. One of the auxiliary state institutionudestablished by law is the Corruption Eradication Commission (KPK). Although it isudindependent and free from any authority, the Commission remains dependent on the executiveudpower in connection with organizational issues, and has a special relationship with theudjudiciary in terms of prosecution and trials of corruption crimes. Going forward, the positionudof state agencies such as the Commission requires assistive legal legitimacy is stronger andudmore assertive and more support from the community.ud