Sardi Amin, Galang Asmara, Minollah

Abstract:

One of the new state institutions established during the reform era in Indonesia is the Corruption Eradication Commission (KPK). This institution was formed as part of the agenda of corruption eradication which is one of the most important agenda in improving governance in Indonesia. The position of KPK has several points of vagueness (gray norm), resulting in a debate related to the current condition of the KPK. Among them is the debate over the position of KPK which theoretically does not belong to one of the groups/clusters of State institutions, whether included in the realm of the Executive, Legislative, or Judiciary. The position of the KPK in the Indonesian constitutional structure is more appropriately categorized in the position of the State institution whose source of establishment is based on the Act. This concept is also in line with the classification of independent State institutions in the study of the theory of the new separation of power, in which independent state institutions such as these are equal to the executive, legislative and judicial institutions. The position of KPK is like the existence of the Federal Reserve Board in the United States, as one of the independent State institutions in the United States.

Keywords: corruption eradication commission, position, institution

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