The Corruption Eradication Commission’s (KPK) Position and Function in the Indonesian State System

Abstract

One of the State Auxiliary Bodies that was established after the reform era in Indonesia is The Corruption Eradication Commission (known as KPK) that has stipulated in the laws. This study aims to determine the position of the KPK in the Indonesian constitutional structure based on the 1945 Constitution of the Republic of Indonesia and Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. The research method used is normative legal research by using statute, conceptual, and comparative approaches. The outcome of this observation shows that the position of the KPK in the Indonesian constitutional structure is as a state auxiliary body in Executive Agency fields carrying out its duties and functions independently. Although the 1945 Constitution of the Republic of Indonesia does not clearly state the Corruption Eradication Commission, implicitly its formation can refer to Article 24 paragraph (3) of the 1945 Constitution of the Republic of Indonesia with further provisions regulated in law and KPK's position has declared as a part of Executive Agency fields.