Vol.4, No.07, July 2023

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 4, No. 07, July 2023 607

The role of the Corruption Eradication Commission (CEC) in

carrying out its functions and authorities to eradicate

corruption

Bambang Budi Priyanto

, Faisal Santiago

, Zudan Arief Fakrullo

1,2

Universitas Borobudur, Indonesia

Email: bambangbp410@gmail.com, faisalsantiago@borobudur.ac.id

Corresponding Author: bambangbp410@gmail.com

KEYWORDS

ABSTRACT

Corruption Eradication

Commission (CEC), Corruption,

Crime.

A clean government is a government that is free from the practice of

Collusion, Corruption and Nepotism (CCN). 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. This research includes empirical legal research that

uses primary data supported by literature research as secondary

data. This research focuses on the function of the CEC's authority in

eradicating corruption. 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 agency that has executive power

that carries out the task of preventing and eradicating Corruption

Criminal Acts in accordance with this Law. According to its function,

the position of the CEC is equated with the Police and Prosecutor's

Office. The CEC is still independent and free from any power. In this

provision, what is meant by "any power" is a power that can affect

the duties and authorities of the Corruption Eradication Commission

or individual members of the Commission from the executive,

judiciary, legislature, other parties related to corruption criminal

cases, or circumstances and situations or for any reason.

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

The issuance of 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

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in handling corruption cases and is a "super body".

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.(Jimly Asshiddiqie, 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

Law Number 19 of 2019 the second amendment to Law Number 30 of 2002 concerning the

Corruption Eradication Commission.(Undang-Undang Nomor 30 Tahun 2002 Tentang Komisi

Pemberantasan Korupsi, n.d.)

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-Undang Republik 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

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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

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.(UndangUndang Nomor 30 Tahun 2002 Tentang Komisi Pemberantasan Pemberantasan Tindak

Pidana 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.

2. 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.

3. Results and Discussions

1. 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 well-

being 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

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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).

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

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) 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

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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.(Jimly

Asshiddiqie, 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.

2. Duties, Functions and Authorities of the 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:

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

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3. 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

Penelitian Dan Pengembangan 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.

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.)

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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 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.

Related to carrying out preventive duties in Article 7 of Law Number 19 of 2019, the

Corruption Eradication Commission has the authority:

1. Register and check the state administrator's asset report;

2. Receive reports and assign gratuity status;

3. Organizing anti-corruption education programs in each educational network;

4. Plan and implement socialization programs to eradicate criminal acts of corruption;

5. Conducting anti-corruption campaigns to the public; and

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6. Conducting multilateral cooperation in the eradication of corruption.

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

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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

4. 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.

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According to its function, the position of the CEC is equated with the Police and Prosecutor's

Office. The CEC is still independent and free from any power. In this provision, what is meant by

"any power" is a power that can affect the duties and authorities of the Corruption Eradication

Commission or individual members of the Commission from the executive, judiciary, legislature,

other parties related to corruption criminal cases, or circumstances and situations or for any

reason.

5. References

Adami Chazawi. (2005). Hukum Pidana Materiil dan Formil Korupsi di Indonesia. Malang: Bayumedia

Publishing.

Chaerudin, d. k. k. (2009). Strategi Pencegahan dan Penegakan Hukum Tindak Pidana Korupsi. Jakarta:

PT Refika Aditama.

Diana Napitupulu. (2010). KPK in Action. Jakarta: RaisAsaSukses.

Direktorat Penelitian Dan Pengembangan KPK, Loc.Cit., hal. 27. (n.d.).

Ermansjah Djaja. (2006). memberantas korupsi bersama Komisi Pemberantasan Korupsi”, http://digilib.

Fisipol.ugm. ac. id/handle/15717717/16450. Collection. Internet.

Firmansyah Arifin d, k. k. (2005). Lembaga Negara dan Sengketa Kewenangan Antara Lembaga Negara.

Jakarta: KHRN.

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