The role of the Corruption Eradication Commission (CEC) in carrying out its functions and authorities to eradicate corruption

ABSTRACT

A clean government is a government that is free from the practice of Collusion, Corruption and Nopotism (KKN).Thus, the implementation of clean law and government must be supported by the participation of the community and / or community institutions through the function of control over the implementation of public government and development tasks in an effort to realize good governance.(Firmansyah Arifin d, 2005) The Corruption Eradication Commission (CEC) is a state institution that in carrying out its duties and authorities is independent and free from the influence of any power (Article 3 of Law Number 30 of 2002).The purpose of the establishment of the CEC is none other than to increase the efficiency and results of efforts to eradicate criminal acts of corruption.(Chaerudin, 2009) The CEC was formed because the institutions of the Police, Prosecutor's Office, Judiciary, Political Parties and Parliament that were supposed to prevent corruption did not run even dissolved and were lulled into corruption.The eradication of corruption that has occurred until now has not been implemented optimally.Therefore, the eradication of corruption needs to be improved professionally, intensively, and continuously.(JimlyAsshiddiqie, 2003) Because corruption has affected the nation's economy, public finances, and national progress.So bad, corruption in Indonesia is considered an extreme crime.The way corruption is handled must be exceptional.Because of its enormous power, the CEC-which in the legal community is referred to as a superbody-was formed as a result.The CEC faced a number of traditional challenges in its first year acting as the front line in the fight against corruption, including delays in disbursing government funds.This has invited indirect criticism from various parties.The chairman of the Indonesian Legal Aid Foundation (YLBHI) who agreed with Munarman claimed, "The CEC only makes excuses when it is demanded by the performance of the CEC leadership."In addition, he stated that the government, especially the one in charge, lacks the political will to successfully eradicate corruption.
The explanation of the role and responsibilities of the Corruption Eradication Commission in the Law is referred to as a trigger mechanism, which means encouraging or acting as an impetus so that efforts to eradicate corruption by pre-existing institutions become more effective and efficient.The Corruption Eradication Commission was not established to take over the responsibilities and powers previously held by the prosecutor's office and the police.This institution was established as part of the anti-corruption agenda which is one of the important agendas for changing Indonesian governance.Thus, the functions and authorities of supporting institutions in the constitutional system adopted in the Indonesian state will be reviewed from The Corruption Eradication Commission is mandated to carry out the eradication of corruption in an optimal, intensive, effective, professional, and sustainable manner to realize a just, prosperous and prosperous society based on Pancasila and the 1945 Constitution.The Corruption Eradication Commission has the task of coordinating with institutions authorized to eradicate criminal acts of corruption, supervision of institutions authorized to eradicate criminal acts of corruption.Investigation, investigation and prosecution as well as taking measures to prevent criminal acts of corruption and monitoring the implementation of state government.(Undang-UndangRepublik Indonesia Nomor 30 Tahun 2002, Tentang Komisi Pemberantasan Tindak Pidana Korupsi, pasal, 5., n.d.)With its various main duties and functions, the Corruption Eradication Commission during its journey has invested its gold ink in saving state finances, both preventively and repressively.At least the level of public satisfaction with the Corruption Eradication Commission is quite satisfactory, and many perpetrators of corruption crimes have been tried and convicted and saved billions of rupiah in state assets.(Ermansjah Djaja, 2006) The existence of the Corruption Eradication Commission began to get a strong reaction, especially from those who did not want its presence, the reaction arose because the Corruption Eradication Commission, which incidentally is a state auxiliary body, was given extraordinary authority in terms of eradicating corruption.Many people claim that this commission is incarnate as an institution that has extra constitutional authority.Some examples that can illustrate the various resistances made to the existence of the Corruption Eradication Commission in realizing good governance are changes to Law Number 30 of 2002 to Law Number 19 of 2019 the second revision concerning the Corruption Eradication Commission, which received polemics regarding the authority of the Corruption Eradication Commission which was trimmed so that several opinions emerged that said it could weaken the Commission Eradication of Corruption in carrying out its duties and authorities and will weaken the existence of the Corruption Eradication Commission as well as an effort to weaken the spirit of anti-corruption.
One of the substance of the article that is considered to be weakening and controversial is  Korupsi, n.d.)Furthermore, Article 3 states that the Corruption Eradication Commission is a state institution within the executive power family which in carrying out its duties and authorities is independent and free from the influence of any power.

Materials and Methods
The research method used uses empirical legal research methods that use primary data supported by literature research as secondary data.(Soerjono Soekanto, 1986) Research data including data from literature and field research were then analyzed using qualitative descriptive methods with a juridical approach.These data come from the field and literature, and are compiled systematically after being selected based on problems and checked for compliance with applicable regulations.It is then pulled to close to find a solution to the problem.

Corruption Eradication Commission (CEC) in Constitutional Perspective a. Corruption Eradication Commission (CEC) in the Law of the Republic of Indonesia
Corruption in Indonesia is widespread in society.Its development continues to increase from year to year, both from the number of cases that occur and the number of state financial losses as well as in terms of the quality of criminal acts committed more systematically and its scope that enters all aspects of people's lives.
Uncontrolled corruption will harm not only the health of the economy but also the wellbeing of the country and the country as a whole.All criminal acts of corruption are now considered as extraordinary crimes rather than ordinary crimes because widespread and systematic corruption also violates the social and economic rights of the people.However, standard means of eradication are no longer effective, and extreme measures are needed.
In an effort to eradicate Criminal Acts of Corruption, the implementation of which is carried out optimally, intensively, effectively, professionally and continuously.Based on the provisions of Article 43 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001, the special agency, hereinafter referred to as the Corruption Eradication Commission, has the authority to coordinate and supervise, including conducting investigations, investigations, and prosecutions.The Corruption Eradication Commission is a Central Government institution that has the task and authority in the prevention and eradication of Corruption Crimes.
However, in its development, the performance of the Corruption Eradication Commission was felt to be ineffective, weak coordination between law enforcement lines, violations of the code of ethics by the leadership and staff of the Corruption Eradication Commission, and problems in the implementation of duties and authorities, namely the implementation of duties and authorities of the Corruption Eradication Commission that were different from the provisions of the criminal procedural law, weaknesses in coordination with fellow law enforcement officials, Wiretapping problems, poorly coordinated management of investigators and investigators, overlapping authority with various law enforcement agencies, and weakness in the absence of supervisory agencies that are able to oversee the implementation of the duties and authorities of the Corruption Eradication Commission, allowing for flaws and less accountability in the implementation of duties and authorities to eradicate corruption crimes by the Corruption Eradication Commission.
To prevent and reduce state losses that continue to increase due to corruption, legal reforms are carried out.This enables the implementation of the prevention and eradication of criminal acts of corruption in an effective and coordinated manner.Strengthening the Corruption Eradication Commission in prevention activities does not mean that corruption eradication activities are ignored.In fact, the strengthening is intended so that the activities of the Corruption Eradication Commission in carrying out its duties and authorities are better and more comprehensive.Legal reform is also carried out by organizing the institution of the Corruption Eradication Commission and strengthening preventive measures so that awareness arises to state administrators and the public not to commit criminal acts of corruption that can harm state finances.
Then the institutional arrangement of the Corruption Eradication Commission was carried out in line with the Constitutional Court Decision Number 36/PUU-XV/2017.Where it is stated that the Corruption Eradication Commission is part of the branch of government power.The Corruption Eradication Commission includes the realm of executive power which is often called a government agency (regeringsorgaan-bestuursorganen).This is intended so that the position of the Corruption Eradication Commission in the Indonesian constitutional system becomes clear, namely as part of the executor of government power (executive power).Commission is a state institution that in carrying out its duties and authorities is independent and free from the influence of any power."Article 3, "The Corruption Eradication Commission was established with the aim of increasing the effectiveness and effectiveness of efforts to eradicate criminal acts of corruption.(Adami Chazawi, 2005) With this juridical basis, it can be determined that the existence of the Corruption Eradication Commission (CEC) as a special agency or special institution for combating corruption has a strong legal basis as mandated by Article 24 paragraph ( 3 Eradication Commission or called the Corruption Eradication Commission (CEC), so that with this strong legal foundation, the CEC with this special authority has a strong legal basis to eradicate corruption in Indonesia.

c. Trias Politica Theory and the Position of the CEC
According to Jimly Asshiddiqie's quote about Montesquieu's trias politica, the state consists of legislative, executive, and judicial departments.The idea of separation of powers was further developed, drawing inspiration from Montesquieu's perspective.Based on the theory of trias politica, or the three functions of power, which Montesquieu believed needed to be distinguished and separated structurally in organs that did not interfere in each other's affairs, the term "separation of powers" is a translation of the word "separation of powers" into Indonesian.(JimlyAsshiddiqie, 2009) Judicial power is the third pillar in the modern system of state power.In Indonesian, this third function of power is often called the "judicial" branch of power, from the Dutch term judicatief.In English, in addition to the term legislative, executive, the term judicative is not known so that for the same sense the terms judicial, judiciary, or judicature are usually used.In the modern state system, the judicial branch of power is a separately organized branch.Therefore, it is said by John Alder, quoted by Jimly Asshiddiqie "The principle of separation of power is particularly important for the judiciary".In fact, perhaps, since Montesquieu himself was a judge (French), in his book, 'L'Esprit des lois', he dreamed of the importance of an extreme separation of powers between the legislative, executive, and especially judicial branches of power.KPK,Loc.Cit.,hal. 27.,n.d.) b.CEC Functions Fungus CEC (corruption eradication commission) is to eradicate corruption and carry out actions and prevention of corruption crimes and conduct investigations, in the prosecution of corruption crimes.

Duties, Functions and Authorities of the
CEC is a State institution formed with the aim of increasing the efficiency and results of efforts to eradicate criminal acts of corruption.The CEC is independent and free from the influence of any power in carrying out its duties and authorities.(Fungsi KPK (Komisi Pemberantasan Korupsi), https://www.fungsiklopedia.com , diunduh pada tanggal 29 Mei 2023 pada pukul 21:47., n.d.) e-ISSN: 2723-6692  p-ISSN: 2723-6595 c.Authority of the CEC Like other agencies, the CEC certainly has duties and authorities.In general, the main task of the CEC is of course to eradicate corruption.In order to carry out its duties effectively, the CEC is given extraordinary duties and authorities.The duties and authorities of the CEC are specifically mandated by the law on CEC No.30/2002.The mandate of the law shows that corruption must be countered with extraordinary measures, no longer able to be fought by conventional means.
For the sake of effective performance, one of the tasks mandated by law is that the CEC can conduct its own investigations, investigations, and prosecutions.Usually these activities are carried out by different agencies.Investigations and investigations are carried out by the police.After finishing at the police, it was handed over to the procuratorate for further investigation to be checked for completeness.Once complete, the prosecutor then prepares materials for prosecution at trial.
The mandate of this law is what makes the CEC a superbody.All investigation processes are carried out by the CEC itself, even a suspect is tried in a special court for Corruption Crimes instead of in a public court.No wonder the CEC's authority in dealing with corruption and corruptors is tried in this special court.The CEC law also allows the CEC to take over cases being handled by other law enforcement agencies, an unprecedented step in terms of official judicial authority.(Diana Napitupulu, 2010) The takeover step, of course, cannot be done carelessly, there are corridors that must be obeyed.A corruption case can be taken over if there is a smell of irregularity in handling the case because, admittedly or not, not all law enforcement officials have the sincerity in handling corruption cases.The handling of a corruption case suspected of having depositors in the investigation can be taken over by the CEC.In the case of the CEC's authority in cases of bias deviation also in the form of extortion or buying and selling penalties that will be imposed on suspects like it or not, the practice of buying and selling articles or ponis is common in this country.The game can occur on all fronts from investigation and prosecution.Thus, it is well known that the task of the Corruption Eradication Commission has the task of coordinating with other agencies, supervising other authorized agencies, in order to create effective and maximum performance.

3.
Functions Regarding the task of carrying out preventive tasks, the authority of the CEC has only changed to its authority.If previously it had the authority to "design and encourage the implementation of socialization programs for the eradication of criminal acts of corruption" regulated in Law Number 30 of 2002, the authority of the CEC now mandates that it must plan and implement socialization programs for the eradication of criminal acts of corruption.And all authorities possessed by the CEC in carrying out preventive duties must be reported as a form of responsibility to the President of the Republic of Indonesia, the House of Representatives of the Republic of Indonesia and the Audit Board 1 (one) time in (1) year.(Tigor Einstein, 2020) According to the author, the emphasis of prevention duties related to the phrase implementing socialization programs regulated in the CEC Law after the amendment is prevention rather than enforcement, in the context of preventing corruption, and in terms of reporting accountability to the President.The Republic of Indonesia, the House of Representatives, and the Audit Board are forms of accountability to the public for the implementation of these duties.
In carrying out coordination duties in Article 8 as referred to in Article 6 point b, the Corruption Eradication Commission has the authority: 1. Coordinate investigations, investigations, and prosecutions, in the eradication of criminal acts of corruption; 2. Establish a reporting system in corruption eradication activities; 3. Request information about corruption eradication activities to relevant agencies; 4. Conduct hearings or meetings with authorized agencies in eradicating criminal acts of corruption; and 5. Request a report to the competent agency regarding prevention efforts so that corruption does not occur.
The explanation of Article 8 of Law Number 19 of 2019 has changes related to the authority of the CEC, which previously in Law Number 30 of 2002 in Article 7 letter e stated that the CEC is authorized to "request reports from relevant agencies regarding the prevention of criminal acts of corruption" now the authority of the CEC has become "to request reports to the competent authorities regarding the wages of prevention so that corruption crimes do not occur.(Tigor Einstein, 2020) The explanation of Article 8 letter e of Law Number 19 of 2019 states the CEC to request a report to the competent agency regarding prevention efforts so that there is no criminal act of corruption, the article order is not harmonized because Article 7 letter e orders the CEC to actively socialize the prevention of eradication of criminal acts of corruption.
In carrying out the monitoring duties in Article 9 as referred to in Article 6 hurf c, the Corruption Eradication Commission has the authority: 1. Reviewing the administrative management system in all state institutions and government institutions; 2. Advising leaders of state institutions and government institutions to make changes if based on the results of the study, the administrative management system has the potential to cause criminal acts of corruption; and 3. Report to the President of the Republic of Indonesia, the House of Representatives of the Republic of Indonesia, and the Audit Board if the Corruption Eradication Commission's suggestions regarding proposed changes are not implemented

b. Authority of Investigation, Investigation, and Prosecution
As for the authority of the CEC in carrying out the task of investigating, investigating, and prosecuting criminal acts of corruption, the CEC is authorized to: 1.In carrying out its investigation and investigation duties, the CEC is authorized to; a) Conduct wiretapping in carrying out investigation and investigation tasks.
2. In carrying out its investigative duties, the CEC is authorized to: a. Order the relevant authorities to prohibit a person from traveling abroad in carrying out investigative duties; b.Request information to the bank or other financial institution about the financial condition of the suspect or defendant being examined; c.Order banks or other financial institutions to block rekining suspected of corruption proceeds belonging to suspects, defendants, or other related parties; d.Order the leader or superior of the suspect to temporarily suspend the suspect from his position in carrying out investigative duties; e. Request wealth data and tax data of suspects or defendants to relevant agencies; f.Suspend financial transactions, trade transactions, and other agreements or temporarily revoke licenses, licenses and concessions made or owned by suspects or defendants that based on sufficient preliminary evidence have something to do with the criminal act under investigation; g.Request the assistance of Interpol Indonesia or other law enforcement agencies to conduct searches, arrests, and seizures of evidence abroad; and h.Request the assistance of the police or other relevant agencies to make arrests, detentions, searches, and seizures in cases to eradicate criminal acts of corruption.
In Law Number 19 of 2019, the CEC's ability to carry out its duties and authorities is not specifically regulated.The CEC is only ordered by Law Number 19 of 2019 to carry out coordination in accordance with the provisions of laws and regulations.In exercising the authority of the CEC in conducting investigations, investigations and prosecutions related to wiretapping, searching, and/or seizure, it is mandatory to obtain permission from the Supervisory Board, which was previously regulated in Law Number 30 of 2002 The CEC in exercising the authority of investigation, investigation and/or prosecution does not need to seek permission from any agency

Conclusion
The Corruption Eradication Commission (CEC) as a strong corruption eradication agency is not outside the constitutional system, but is instead placed juridically in the constitutional system because the judicial system in Indonesia oversees the Police and Prosecutor's Office and also the pillars of Indonesian law enforcement are under judicial power regarding the process and stages in the judiciary.That is part of the principle of checks and balences between executive and judicial power.The CEC is not a member of the government's executive, people's council, or judiciary.In this regard, in my opinion, the CEC should be free from any political affiliation to eradicate corruption in Indonesia effectively.In fact, the CEC has detained a number of executive, legislative, and judicial figures/officials in carrying out one of its functions, namely conducting investigations, investigations, and prosecutions of corruption crimes.
There is a change in the position of the CEC in the Indonesian constitutional structure according to Law Number 19 of 2019 concerning Article 3 of the Corruption Eradication Commission, the Corruption Eradication Commission hereinafter referred to as the Corruption Eradication Commission is a state institution in the executive power family that carries out the task of preventing and eradicating Corruption Criminal Acts in accordance with this Law.
Law Number 31 of 1999 concerning the Eradication of Corruption Crime brought progress to the government's role in eradicating corruption.The law contains special trials for corruption crimes and mandates the establishment of a corruption eradication agency.Where in Law Number 31 of 1999 concerning the Eradication of Corruption Criminal Acts listed in Article 43 paragraph (1), namely: "Within no later than 2 (Two) years since this law comes into force, a Corruption Eradication Commission is established".Referring to this, the Government in 2002 through Law Number 30 of 2002 concerning the Corruption Eradication Commission was formed the Corruption Eradication Commission (CEC) which is a special agency in handling corruption cases and is a "super body".
b.The Principle of Check and Balance in the Juridical Existence of the CEC That juridically normatively, the existence of the Corruption Eradication Commission is determined in Articles 1, 2 and 3 of Law Number 30 of 2002 and Law 19 of 2019 which states that Article 1, "With this law, a Corruption Eradication Commission was established, hereinafter referred to as the Corruption Eradication Commission."Article 2, "The Corruption Eradication ) of the 1945 Constitution, Article 43 of Law No. 31 of 1999 which has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption and Article 1, 2 and 3 of Law No. 30 of 2002 concerning the Corruption e-ISSN: 2723-6692  p-ISSN: 2723-6595 Law Number 19 of 2019 the second amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission.(Undang-UndangNomor 30 Tahun 2002 Tentang Komisi Pemberantasan Korupsi, n.d.) Article 1 Paragraph (3) of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission which states that the Corruption Eradication Commission is a state institution in the executive power family that carries out the task of preventing and eradicating Corruption in accordance with this Law.(UndangUndangNomor 30 Tahun 2002 Tentang Komisi Pemberantasan Pemberantasan Tindak Pidana

Corruption Eradication Commission a. Tasks of the CEC
Duties of the Corruption Eradication Commission, the Corruption Eradication Commission has the following duties as stipulated in Article 6 of Law Number 30 of 2002: 1. Coordinating with agencies authorized to eradicate criminal acts of corruption.In carrying out coordination duties with agencies authorized to conquer the Eradication of Corruption Crimes, the Corruption Eradication Commission: a. Coordinate investigations, investigations, and prosecutions of Criminal Acts of Corruption.b.Establish a reporting system in anti-corruption activities c.Request information about corruption eradication activities to the relevant agencies d.Carry out with opinions or meetings of agencies authorized to commit Criminal Acts of Corruption e. Request reports from relevant agencies regarding the prevention of Corruption 2. Supervise the agencies authorized to carry out the Eradication of Criminal Acts of Corruption, the authorized agencies are the financial audit agency, the financial and development supervisory agency, the State Administration Wealth Audit Commission, the inspectorate and non-departmental government departments or agencies.In carrying out the super vision task of the agency authorized to eradicate the Criminal Act of Corruption is the Criminal Act of Corruption, which is authorized: Conduct investigations, investigations and prosecutions of Corruption Crimes: in carrying out the duties of investigation, investigation, and prosecution of Corruption Crimes, the Corruption Commission is authorized to have the following duties: a. Wiretapping and recording conversations b.Order the relevant agencies to prohibit a person from traveling abroad c.Ask the bank or financial institution for information about the financial situation of the suspect or defendant who is being examined d.Order banks or other financial institutions to block the accounts of suspected suspects or defendants e. Request wealth data and tax data of suspects or defendants to the relevant agencies f.Temporarily suspend financial transactions, trade transactions, and other agreements or temporarily revoke licenses, licenses and concessions carried out or owned by suspects or defendants who are allegedly proven by corruption g.Request assistance from Interpol Indonesia or other law enforcement agencies to disburse, arrest, and confiscate evidence abroad h.Request assistance from the police or other relevant agencies to make arrests, detentions, seizure searches, in cases of Corruption Crimes that are being handled.4. Take measures to prevent Criminal Acts of Corruption.In carrying out the task of preventing Corruption Crimes, the Corruption Eradication Commission has the authority: a. Register, and check the State administration asset report b.Receive reports and set gratuity status c.Organizing anti-corruption education programs at every level of education d.Design and encourage the implementation of socialization programs to eradicate criminal acts of corruption e. Conducting an anti-corruption campaign f.Conduct bilateral or multilateral cooperation in the implementation of Corruption Crimes 5. Monitoring the implementation of the State government in carrying out the task of monitoring the implementation of the State government, the Corruption Eradication Commission has the authority: a. Reviewing the administrative management system in all State and government institutions b.Provide advice to leaders of state and government institutions to make changes if based on the results of the review of the administrative management system there is potential for corruption c.Report to the President of the Republic of Indonesia, the House of Representatives of the Republic of Indonesia, and the Audit Board if the advice of the Corruption Eradication Commission regarding the proposed changes is not heeded.(Direktorat a. Supervise, research or review agencies that carry out duties and authorities related to the eradication of criminal acts of corruption, and agencies that carry out public services.b.Take over the investigation or prosecution of perpetrators of corruption crimes that are being carried out by the police or prosecutor's office e-ISSN: 2723-6692  p-ISSN: 2723-6595 3.

and Enforcement Authority of the CEC in Law Number 19 of 2019 a. Prevention, Coordination, and Monitor Tasks Based on Law Number 19 of 2019
Law Number 19 of 2019 the second amendment has differences, additions and similarities in the duties of the Corruption Eradication Commission.Through Law Number 19 of 2019, the task of the CEC has become patchy.The additional duties of the CEC based on Law No. 19 of 2019 include:1.Coordinate with agencies in charge of carrying out public services; and 2. Take action to carry out the determination of judges and court decisions that have obtained permanent legal power.