THEORETICAL RECONSTRUCTION OF THE ’EXISTENCE OF THE INDONESIAN CORRUPTION ERADICATION COMMISSION AND ITS COMPARISON TO OTHER ANTI-CORRUPTION AGENCIES IN ASIA

Abstract

Article 3 of the Indonesian Law Number 19 of 2019 stipulates that the Corruption Eradication Commission is a state institution within the executive power branch, which in carrying out its duties and authorities is independent and free from the influence of any power. The basic arrangement is not without problems, considering the institutional design of the Corruption Eradication Commission was initially stated in the Law Number 30 of 2002 “…a state institution, which in carrying out its duties and authorities is independent…,” becomes “…state institutions within the executive power branch….” The stipulation in Article 3, also the basic article of the law was confirmed by the Constitutional Court in Verdict Number 70/PUU-XVII/2019. This study aims to answer problems of theoretical construction of the commission after the Constitutional Court Verdict Number 70/PUU-XVII/2019. This study used the normative legal research method. The study concluded that, theoretically, there was a shift in the institutional design of the commission, from an independent agency to an independent executive organ, equivalent to the National Police and the Attorney General’s Office of Indonesia. The change is a setback in corruption eradication. Compared to other anti-corruption agencies in Asia, the institutional design is not an ideal condition or best practice. Therefore, legislators should restore the commission as an independent agency.