INDEPENDENCY OF THE CORRUPTION ERADICATION COMMISSION IN INDONESIAN CONSTITUTIONAL SYSTEM WITH SPECIAL REFERENCE TO THE REVISION OF THE LAW OF THE CORRUPTION ERADICATION COMMISSION

The purpose of this research is to analyze whether the revision of Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK) into Law Number 19 of 2019 has reduced the independency of KPK in the Indonesian Constitutional System. The research is normative legal research using statutory approach. The results of this research show that first, the status and position of KPK as an independent state institution becomes uncertain because, after the revision, the position of KPK is under the executive branch. Second, the implication of the revision of KPK’s Law to KPK shows that there is a reduction of authority of KPK that can hinder the performance of KPK. Third, there is a need to establish a new branch of government called the fourth branch of government to guarantee the independency of KPK that should be free from the interference of any other branches of government. This paper recommends that it needs a strong political commitment of the state administrators (President and DPR) to built KPK as an independent state institution, and it needs to determine the leading sector (KPK) in eradicating corruption case that should be mentioned in the Law of KPK.
Keywords: Corruption Eradication Commission (KPK), revision, independency, independent state institution