The Existence of the Corruption Eradication Commission in the Dynamics of Indonesian Constitutional

Abstract

The Indonesian constitutional system recognizes the existence of state institutions that are not expressly defined in the 1945 Constitution. These institutions are known as state auxiliary organs or state auxiliary institutions or auxiliary state institutions which are state institutions that are supporting. One of the auxiliary institutions formed during the reform era in Indonesia is the Corruption Eradication Commission. This institution was formed as a part of the corruption eradication agenda which is one of the most important agendas in reforming governance in Indonesia. The problem regarding the existence of the Corruption Eradication Commission as an independent state institution in the dynamic structure of the Indonesian constitutional, and the research method used is legal research. The results of this study explain that the Eradication Commission is a state institution whose form does not derive from the 1945 Constitution but is a constitutional organ/constitutionally entrusted power, because it was formed on the basis of a constitutional order. The existence and position of the Corruption Eradication Commission is as an independent state institution within the constitutional system of the Republic of Indonesia according to the 1945 Constitution. The independence of the Corruption Eradication Commission is expressly stated by the legislators of the law. Its authority is independent and free from the influence of any power.