KEDUDUKAN KOMISI PEMBERANTASAN KORUPSI (KPK) DALAM SISTEM KETATANEGARAAN NEGARA REPUBLIK INDONESIA

Indonesia is a legal state, this is stated in article 1 paragraph 3 of the 1945
Constitution of the Unitary State of the Republic of Indonesia, which reads
“Indoneisa is a legal state”. State of law is a direct translation of rechstaat. The
rule of law has a purpose and function,the purpose of which is to form and
maintain the law, while its function is first the legislative function, the two
executive functions, the three judicial functions. In Indonesia there are state
institutions that were bom from the 1945 Constitutions of the Republic of
Indonesia and state institutions that were bom form the law, state institutions that
were bom form the law namely the Corruption Eradication Commission. The
position of the KPK in the Indonesia constitutional sytem after the Constitutional
court decision number 36/PUU-XV/2017 that the Corruption Eraducation
Commission (KPK) is an institution under the auspices of the executive,
specifically mentione din the consideration of law number 30 of 2002 conceming
the KPK which states that the Corruption Eradication Commission (KPK) is a
temporary institution to carry out police and prosecutorial duties that have not
functioned optimally effectively and efficiently. As well as being Adhoc where
the Corruption Eradication Commission (KPK) is a temporary institution whose
existance depends on the needs of the country, if its existance is no longer nedeed,
the Corruption Eradication Commission (KPK) can be removed from state
instituitions