Kanun: Jurnal Ilmu Hukum
Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context

INTERPRETATION OF THE POSITION OF THE CORRUPTION ERADICATION COMMISSION AS AN EXECUTIVE AGENCY

Jauhar Nashrullah (Master of Law, Faculty of Law, Islamic University of Indonesia)



Article Info

Publish Date
01 Apr 2023

Abstract

The shift in the institutional position of the KPK (Corruption Eradication Commission) as an executive agency has brought various discourses and pros and cons in the community. This research aims to contribute to the field of thought by interpreting the institutional position of the KPK in Indonesia from the perspective of the six modalities of constitutional argument theory. This research uses normative juridical research methods with statutory, conceptual, and case approaches. Through in-depth analysis of all legal materials (primary and secondary), the research results provide an understanding that through textual, historical, structural, doctrinal, ethical, and prudential interpretations, it is concluded that the actual institutional change of the KPK to the executive is not unconstitutional. However, designing the KPK institution should not only be based on textual provisions and originality of authority, it is necessary to explore constitutional morality and ethics. Moreover, if analyzed in historical, doctrinal, moral, prudential, and ethical aspects, the KPK is more appropriately designed as an independent state commission. KPK bears tremendous responsibility and hopes to eradicate corruption, which has hindered achieving the nation's goals. Therefore, the independence of the KPK needs to be safeguarded from the intervention of other powers.

Copyrights © 2023






Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...