The legislative’s inquiry rights ahead of corruption eradication commission performance

Azis Setyagama

doi:10.21564/2225-6555.2018.13.130823

Abstract

This study proposed to disclose the legislative’s Inquiry Rights ahead of corruption eradication commission (KPK) performance since many officials state are involved in corruption which includes the members of the Legislative Assembly (DPR). The inquiry rights appeal regarding the performance and budget management of KPK apparatus. It is appeal due to electronic identity card (E-KTP) case which involved members of legislative assembly. This study uses nominative approach pointing to the law No. 17/2014 concern with the MPR, DPR, DPRD and DPD and law No. 30/2002 concern with commission eradication сorruption. In addition, it also uses the sociological approach in term of public response to The Legislative Assembly’s inquiry rights appeal. This study revealed that the Inquiry right appealed by Legislative Assembly constitutionally was legal since it was one of the three right of legislative assembly. However, the inquiry right appealed by Legislative assembly regard with Id-card case potentially to hinder the KPK’s performance to prevent any corruption act in Indonesia. Additionally, this appeal also creates pros and cons because the society does not in line with it

Highlights

In the 1945 Constitution of Indonesia, it is mentioned that “To build a state government of Indonesia shall protect all Indonesian and their entire native land, and in order to improve the public welfare, to advance the intellectual life of the people and to contribute to the establishment of a world order based on freedom, abiding peace and social justice, the national independence of Indonesia shall be formulated into a constitution of the sovereign Republic of Indonesia which is based on the belief in the One and Only God, just and humanity, the unity of Indonesia, democracy guided by the inner wisdom of deliberations amongst representatives and the realization of social justice for all Indonesian”
Representatives Council) as well as Law no. 30 2002 concern with the Eradication of Corruption, which is previously defined normatively regarding the purpose of the establishment of the Corruption Eradication Commission (KPK), its duties and authorities dealing with the problem of corruption in Indonesia
The submission of the DPR’s inquiry rights toward the KPK is the constitutional right of the Legislative Assembly in terms of supervising the execution of the state conducted by the executive, in which the position of KPK is included in the executive domain so that it is included in the DPR’s supervision, logically

Summary

Introduction

In the 1945 Constitution of Indonesia, it is mentioned that “To build a state government of Indonesia shall protect all Indonesian and their entire native land, and in order to improve the public welfare, to advance the intellectual life of the people and to contribute to the establishment of a world order based on freedom, abiding peace and social justice, the national independence of Indonesia shall be formulated into a constitution of the sovereign Republic of Indonesia which is based on the belief in the One and Only God, just and humanity, the unity of Indonesia, democracy guided by the inner wisdom of deliberations amongst representatives and the realization of social justice for all Indonesian”. It is necessary that the state apparatus is clean from colonialism, corruption, and nepotism (KKN), as a requirement to achieve the Indonesian nation welfare. It needs an institution that handles the problem of corruption. The Indonesia Law. No 30 2002 that the Corruption Eradication Commission is a juridical foundation of KPK institutions. No 30 2002 that the Corruption Eradication Commission is a juridical foundation of KPK institutions

Methods

Results

Conclusion