Independent State Institution Research Articles

URGENSI PENAMBAHAN MASA JABATAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PRESPEKTIF HUKUM TATA NEGARA

This research aims to find out what is behind the increase in the term of office of the leadership of the Corruption Eradication Commission in Indonesia. Also, the urgency of increasing the KPK's term of office is viewed from the perspective of constitutional law. This research is normative legal research that uses a case approach with data collection methods through literature study. Based on the research, the results and conclusions obtained are related to the Constitutional Court decision Number 112/PUU-XX/2022 regarding the term of office of the KPK leadership proposed by Nurul Ghufron as deputy chairman of the KPK for the 2019-2023 period. The reason for the request is related to the applicant's age when he was appointed, 45 years old, and when his position ended, he was 49 years old. So he cannot nominate himself as KPK leader for the next period as stated in Article 29 letter (e) of Law Number 19 of 2019. Also, the term of office for KPK leaders is 4 years for re-election for one period in Article 34 of Law No. 30 of 2002 is considered discriminatory regarding the terms of office of heads of other independent state institutions. The applicant feels that his constitutional rights have been violated due to injustice, discrimination and legal uncertainty. This decision is considered not urgent and is not in accordance with the concept of constitutional theory, justice and legal certainty. The age restriction setting is an open legal policy. And increasing the term of office of the KPK is not urgent considering the performance and achievements of the current KPK leadership. Keywords: Urgency of Term of Office, Corruption Eradication Commission, Constitutional Law

The Status and the Role of the Cabinet Secretary A. V. Makarov in the Process of Forming the Cabinet of His Imperial Majesty as a State Institution

This article focuses on the evolution of functionality of the Cabinet of His Imperial Majesty Peter the Great during his reign. Based on an analysis of materials from the collection of documents of the Cabinet stored in the Russian State Archive of Ancient Acts it indicates the scope of competence of the Cabinet Secretary A. V. Makarov (1674–1740) and the Cabinet of Peter the Great. The Cabinet of Peter the Great was engaged in financial support of administrative projects, building activities all-around Russia, military companies, diplomatic missions and many other things. In fact, it replaced and duplicated the functions of other institutions of central or local governments, more effectively solving the tasks since its head, Cabinet Secretary A. V. Makarov, had direct access to the monarch and had stable business ties with all state institutions without exception. The author also investigates how the role of this institution in the administrative system changed over time. The study shows the evolution from one clerk position, intended to be a personal royal secretariat, to an independent state institution with a broad scope of competence. The article concludes by arguing that the political significance of the Cabinet of Peter the Great directly depended on the place of A. V. Makarov in the system of public administration. Around the turn of the 1710s and 1720s, A. V. Makarov completely monopolized the intermediary function, through which the ruler was connected with other figures and institutions.

Politik Hukum Kedudukan KPK Sebagai Lembaga Pemberantasan Korupsi di Indonesia

The corruption in Indonesia is increasing day by day. This is because there are still weaknesses in law enforcement agencies that are part of the problem of law enforcement. Therefore, institutional reform is needed through the formation of the KPK as an independent state institution. However, the KPK institution's journey is not easy. Various judicial examinations to the Constitutional Court regarding the position and authority of the KPK have been carried out. These decisions included: the Constitutional Court decision on number 012-016-019 / PUU-IV / 2006, number 19 / PUU-V / 2007, number 36 / PUU-XV / 2017, and number 37 / PUU-XV / 2017, and the most recent decision rejecting the request for formal and material review of Law Number 19 of 2019. According to several decisions made by the Constitutional Court, the development of the position of the KPK is a politics of law in eradicating corruption.

Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia

The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial review of laws and regulations can be liberalized by law because its power violates the constitutionality of the law.

Independent Agency Lost in Action: What We Learned from Corruption Eradication Commission (KPK) During the Pandemic

Objective: This research aims to assess the performance of the Corruption Eradication Commission (KPK) during the Pandemic Period and examine the prospects of independent agencies in Indonesia as reflected in the KPK case. Method: This normative legal research uses secondary data, including primary and secondary legal materials. Several approaches are used, such as statutory, conceptual, and case approaches. Data was collected through literature reviews and then analyzed using a descriptive-qualitative technique. Conclusion: The findings reveal that KPK has compiled several programs and task forces during the pandemic to oversee the COVID-19 budget. However, there was a decrease in performance compared to the previous year regarding the number of 'hand-catching operations' and the target for eradicating corruption. The number of state losses increased throughout 2020, in contrast to the previous period. This condition is due to external factors, including the COVID-19 Pandemic, which impacts limited mobility, and external policies that affect the KPK's independence, such as revising the KPK Law and the policy on the transfer of employment status. Many internal factors have also disrupted the KPK's focus on dealing with corruption. Weak organizational leadership and polemics on the national insight test were among them, leading to the dismissal of several KPK employees. Given these circumstances, Indonesia has become an unfavorable environment for state institutional reform. Especially for independent state institutions such as the KPK, power actors frequently intervene in and politicize.

Model Business Process Reengineering dan Integrasi Pelaporan pada Pengendalian Intern

Internal control practices through assurance activities such as audits, reviews, evaluations, and monitoring; and consulting activities such as providing input, facilitation, and training have not been integrated with each other, thus affecting the effectiveness and efficiency of internal control. Likewise, internal control reporting has not been integrated to external partners, which affects the quality of follow-up on the results of internal control activities. This study aims to initiate a model for implementing business process reengineering in integrating government internal control and finding a form of integrating internal control reporting to external partners to create certainty of follow-up on supervision results. The research method used is qualitative with a conceptual approach and case approach. The results showed that the business process reengineering model can be carried out by integrating assurance activities such as reviews, audits, evaluations, and monitoring with consulting activities such as providing advice, training, and agency facilitation into an integrated and connected system. The results also show the form of integrating agency performance reporting in integrated internal control in independent state institutions such as the Ombudsman and the State Civil Apparatus Commission, and an integrated internal control financial audit reporting system in independent state institutions such as the Corruption Eradication Commission and the Supreme Audit Agency. Keywords: Business Process Reengineering Model, Internal Reporting, Integration Control System

The Urgency of Reorganizing Independent State Institutions in Realizing a Democratic and Constitutional Government System

Since the Amendment of the 1945 Constitution, the development of state institutions has exercised state power by rearranging existing institutions, forming new institutions, and even independent state institutions. The presence of these institutions can strengthen Indonesia's position as a democracy and a modern rule of law. However, in its development, these independent state institutions began to arise various problems that triggered public distrust of these institutions. Therefore, it is necessary to re-establish these independent institutions to realize a democratic and constitutional system of government.

Tinjauan Yuridis Pasal 15 Undang-undang Pers terhadap Fungsi dan Kewenangan Dewan Pers dalam Mencegah Berita Bohong

This study aims to determine and analyze the function of the Press Council according to Article 15 of Law No. 40 of 1999 concerning the Press in its roles and actions in preventing hoax news. This research is a normative juridical analysis, by which the secondary data is in the form of the 1945 Constitution of the Republic of Indonesia Article 28 (F) and Article 15 of Law Number 40 of 1999 concerning the Press in particular. It is analyzed with a progressive legal theory from Satjipto Raharjo. The results of this study indicate that the Press Council, which has the status of an independent state institution, failed to maximize its role, especially its authority, in dealing with hoax news. The Press Law only has a simple function, like mediating press disputes. Due to its power, the Press Council has no authority to impose sanctions on violations committed by press companies. Moreover, the challenges faced no longer come from external sources but from the internal press itself, where currently, press companies often behave arbitrarily because the owners of press companies have used their media as a means of politics for the benefit of certain parties.

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

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.

The Role and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights

This study aims to analyze the implementation of Komnas HAM's authority in resolving cases of human rights violations associated with the rule of law. To describe law enforcement efforts to resolve cases of human rights violations in the future to provide legal certainty. The polemic of resolving past gross human rights violations continues to be delayed. The regime in power since the reformation has not been able to solve it because of technical juridical problems and has a special nuance, making it difficult to hold a human rights court for perpetrators in a fair and impartial manner. This research uses a normative juridical research method using written data in statutory regulations (library research) using books, journals and articles as sources. The results of this study first show that Law No. 39 of 1999 concerning Human Rights, Komnas HAM, was given 4 powers, namely: investigation, counseling, mediation and assessment. In terms of the authority to investigate, Komnas HAM is given full authority by the Human Rights Act, but this is still lacking if Komnas HAM is not given the authority to investigate at once because after conducting an investigation of human rights violations, usually, these cases will disappear without news and clarity. While the authority in mediation and counseling is appropriate as a form of prevention so that human rights violations do not occur, in carrying out its duties, Komnas HAM should not be intervened by anyone considering its position as an independent state institution.

Potential and Implications of Disputes Over the Authority of the National Human Rights Commission and the Indonesian National Police

National Human Rights Commission is positioned as an independent state institution at the same level as other state institutions which in carrying out its functions and authorities stand on a par with other state institutions whose authority is granted by law. Although vertically it has an equal position with other state institutions, in carrying out its functions, duties, and authorities, this commission must report to the President and the DPR. Article 18 Paragraph (1) Law Number 26 of 2000 concerning the Human Rights Court states that investigations into gross human rights violations are carried out by the National Human Rights Commission. In carrying out its duties, National Human Rights Commission has the authority to receive reports or complaints from a person or group of people regarding the occurrence of serious human rights violations. Police in Article 2 Law Number 2 of 2002 which is the function of the state government in the field of maintaining security and public order, law enforcement, protection, shelter, and service to the community. If a criminal case occurs later the handling of the case is carried out by the police with the authority of investigation by the Police because it is considered an ordinary crime, but at the same time the case is also investigated by the National Human Rights Commission as a crime against humanity which is part of the National Human Rights Commission. human rights violations. Therefore, related to this condition, a struggle for authority may occur due to differences in the interpretation of the crime which then causes the National Police and National Human Rights Commission to declare authority to each other. The authority dispute between the National Police and National Human Rights Commission then could not be resolved within the executive government because National Human Rights Commission is not a state institution under the President, nor can it be resolved through the Constitutional Court as referred to in Article 24C paragraph (1) of the 1945 Constitution because the object of authority disputed by the two state institutions is powers granted by law.

ПРАКТИКИ РЕВОЛЮЦИОННОЙ ДВУХПАРТИЙНОСТИ: КОАЛИЦИЯ БОЛЬШЕВИКОВИ ЛЕВЫХ ЭСЕРОВ В ОРГАНАХ ВЛАСТИ МОСКВЫ И МОСКОВСКОЙ ОБЛАСТИ

The article examines the problem of interaction between the representatives of the Bolsheviks and the Left Socialist Revolutionaries in the institutions of Soviet power in Moscow and the Moscow region in the first half of 1918. The author introduces new archival documents into scientific circulation, which serve as an important source for studying the conflicts between the Bolsheviks and the Left SRs in Moscow government institutions. Using specific examples of ideological and administrative clashes, the author studies the practices of interaction between the Bolsheviks and the Left SRs within the framework of a dual-party coalition. The author proves that the interaction of representatives of the two parties in the Moscow authorities included both conflicts between the Bolshevik and the Left socialist revolutionary commissars, and joint state work, which consisted of organizing the management of the territory of Moscow and the Moscow region. Archival documents show that among the Bolsheviks there was no single point of view on the need for the existence of separate Moscow authorities. Representatives of the left communists, as well as the Left socialist revolutionaries, advocated the preservation of independent state institutions in the Moscow region, which created the possibility of an alliance between them and the Left Socialist Revolutionaries. However, the active actions of Vladimir Lenin prevented a split among the Moscow Bolsheviks. The emergence of a dual-party system in Soviet state institutions was a unique phenomenon in modern history of Russia, since representatives of the neo-populist socialist party could influence managerial decision-making. This situation led to the “power sharing” between the Bolsheviks and the Left SRs, which became a characteristic feature of the “long” revolution of 1917.

Implications of Revision of Law No. 19 of 2019 concerning the Corruption Eradication Commission for Handling Corruption

A constitutional system is an independent state institution that does not belong to any power family (executive, legislative and judicial). However, after the issuance of Law No. 19 of 2019, the institutional format of the KPK changed to become part of the executive family. The author uses a descriptive type of research, which aims for researchers to explain about a legal event or legal situation. By using qualitative analysis methods. In this study, the authors analyze more related to the Revision of the KPK law that has affected the authority of the KPK KPK investigators can no longer conduct wiretapping, search and confiscation without prior permission from the KPK Supervisory Board. This is what makes the position of the KPK ambivalent in the constitutional system, on the one hand the KPK is part of the executive family on the other hand the KPK is independent. The shift in the position of the KPK to become part of the executive clump has implications for the limited space for the KPK in efforts to eradicate corruption, which has the potential to receive various interventions, especially from the executive realm.

Risk management of broadcasting media in Indonesia

Risk management for an institution is a necessity. It is because risk has become an integral part of the institution. For this reason, every institution, whether political, business, or social, must be appropriately managed. In that context, the study aims to find out about the form of risk management carried out by one of the independent state institutions that are trusted to broadcast, namely the Central Indonesian Broadcasting Commission (KPI). The main theories used are Broadcasting and Risk Management. This study uses qualitative methods and is supported by field data through data collection through in-depth interviews and involved observations. The study results show that the Central KPI must manage many risks in managing media broadcasts. Among these risks are unethical advertisements and broadcast protests due to the low socialization of the Broadcasting Code of Conduct and Broadcast Program Standards and complaints from the television reading community. Therefore, the Indonesian Broadcasting Commission seeks to manage this risk through the School of Broadcasting Behavior Guidelines and Broadcast Program Standards (P3SPS) program and research on the quality of broadcast programs. With this program, stakeholders, journalists, and television broadcast media, as well as experts, are involved in schools and research. The socialization results made quality television broadcasts more enthusiastic, and finally, the Indonesian Broadcasting Commission issued the KPI award, which was given to the most ethical broadcasting institution.

KEWENANGAN PENGAWASAN DAN ADVOKASI KOMISI YUDISIAL TERHADAP HAKIM BERDASARKAN UNDANG-UNDANG NO. 18 TAHUN 2011 PERUBAHAN ATAS UNDANG-UNDANG NO. 22 TAHUN 2004 TENTANG KOMISI YUDISIAL

The purpose of this study is to find out how the form of supervision and advocacy carried out by the Judicial Commission against Judges based on Law no. 18 of 2011 concerning Amendments to Law No. 22 of 2004 concerning the Judicial Commission. This research is a type of normative legal research. Whereas Article 24B paragraph (1) of the 1945 Constitution has explicitly stated that the Judicial Commission is an independent State institution that is given the authority to select candidates for Supreme Court Justices and authorities in the context of maintaining and upholding the honor, dignity and behavior of judges (Judicial Commission as external supervisor of Judge). Meanwhile, the Supreme Court is an internal supervisor based on Article 39 of Law No. 48 of 2009 concerning Judicial Power. The Judicial Commission advocates for judges with the issuance of the Indonesian Judicial Commission Regulation No. 8 of 2013 concerning Judge Advocacy

TINJAUAN YURIDIS KEWENANGAN HAK ANGKET DEWAN PERWAKILAN RAKYAT TERHADAP KOMISI PEMBERANTASAN KORUPSI

The authority of the supervisory agency in writing this article, is focused on the authority of the DPR as a supervisory agency in overseeing the performance of other state institutions, by reviewing the 1945 Constitution, Law Number 17 of 2014 concerning MD3 (MPR, DPR, DPD, and DPRD), Law No. Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), and the decision of the Constitutional Court (constitutional court) number 36/PUU-XV/2017. The research in this paper emphasizes the authority of the DPR in providing questionnaires to the KPK. The research method in this paper is a normative juridical approach with a statute approach, a conceptual approach, and a historical approach. The purpose of the research is simply to find out the provisions and regulations regarding the authority of the supervisory agency and to examine from a legal aspect the authority of the DPR as a supervisory agency in providing questionnaires to the KPK as an independent state institution. In carrying out their duties and authorities, they are independent and free from any power. The main results of the research can be concluded that the authority of the DPR as a state institution has three functions, namely, the legislative function, the budget function, and the supervisory function as stated in Article 20A paragraph (1) of the 1945 Constitution, and in carrying out these functions the DPR is also supported by several rights, namely, the right of interpellation, the right of inquiry, and the right to express an opinion, which are also stated in Article 20A paragraph (2) of the 1945 Constitution, but based on law number 30 of 2002 concerning the Corruption Eradication Commission (KPK), it is explained that the KPK is an institution independent country. The authority of the DPR as a supervisory agency in supervising state institutions, in this study the DPR gave a questionnaire to the KPK on a case that was considered important, strategic, and had a broad impact on the Indonesian people and nation.

ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA

The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.

뉴노멀시대에 국가적 재난에 대응하기 위한 권력융합

The principle of separation of powers divides the functions of the state into legislative, administrative, and judicial branches and entrusts them to independent state institutions, and controls the power of the state through mutual checks and balances. However, the political situation in the modern state has changed significantly compared to the past, namely, the separation of powers has changed due to the development of the party state, and the administrative and national phenomenon has emerged in which the domain of administrative authority is enlarged and enlarged to fulfill social and national tasks.
 Meanwhile, due to the recent COVID-19 pandemic response measures, the power fusion phenomenon (the goal of improving the efficiency of the executive branch) has appeared in each country, where the executive and legislative branches are connected, and the French Republic is no exception. In other words, it is an undeniable fact that the fusion of powers contributed greatly to effectively responding to and taking measures against the COVID-19 pandemic, which is called a national disaster.
 However, the phenomenon of power fusion would be said to have both sides like two sides of a coin. First of all, the power fusion phenomenon on the positive side is that, as mentioned above, when a country faces a national disaster such as the Corona 19 virus pandemic, it can stabilize the situation quickly and without major fluctuations by strengthening the efficiency of the administration. Next, the negative aspects of power fusion have concerns about power concentration and dictatorship, which is directly linked to human rights violations, so the human rights protection system should be strengthened and operated.

Kewenangan Komisi Penyiaran Indonesia Daerah (KPID) Sulawesi Tengah Terhadap Kode Etik Penyiaran Pada Lembaga Penyiaran Radio

The Indonesian Broadcasting Commission (KPI) is an independent institution in Indonesia whose position is at the same level as other state institutions that function as a regulator of broadcasting in Indonesia. The KPI consists of the Central Indonesian Broadcasting Commission (KPI) and the Regional Indonesian Broadcasting Commission (KPID) that work at the provincial level. The authority and scope of duties of the Broadcasting Commission covers broadcasting arrangements organized by Public Broadcasting Institutions, Private Broadcasting Institutions, Subscriber Broadcasting Institutions and Community Broadcasting Institutions. Radio is a media facility that still exists in Palu City. Radio media is a place for audio connoisseurs to accompany work and even travel. It is undeniable that radio is a powerful means of providing information. With a distinctive way of presentation, radio is still the main attraction. Radio listeners are served small talk and accompanied by songs. In this regard, radio broadcasters do not escape the status of a profession that is bound by a code of ethics. The Regional Indonesian Broadcasting Commission (KPID) of Central Sulawesi is an independent state institution that is responsible for controlling broadcasting behavior in each broadcasting institution, including radio. This problem is the background for the author to discuss it in research, first, how is the authority of the Central Sulawesi KPID towards the broadcasting code of ethics in radio broadcasting institutions. Second, how is the standard of behavior of radio broadcasting institutions in Palu. Duties and responsibilities, the authorities possessed by the Regional Indonesian Broadcasting Commission (KPID) of Central Sulawesi have indirect responsibilities with the State.

Environmental Damage Due to Hazardous and Toxic Pollution: A Case Study of Citarum River, West Java, Indonesia

Until now, environmental crimes in the Citarum watershed, especially the disposal of hazardous and toxic waste (HTW) still occurs. Consequently, there are a countless number of disasters that are happening in a day. However, where is the social control of bureaucrats of the State Ministry for the Environment of the Republic of Indonesia? This research approach method was the qualitative method. The research results showed that the perpetrators of environmental damage to the Citarum watershed were not aware that the impact of environmental damage was more violent than other crimes. It was because this type of crime sometimes had unexpected impacts related to the intensity, duration, and extent of the area affected. Therefore, the efforts to prevent environmental crimes against the Citarum river water should cover various aspects. These include very strict supervision in terms of check and balance of the independent state institutions as well as the discretion given to the authorities in the disposal of hazardous and toxic waste into the Citarum River.