The Institutional Position of the Corruption Eradication Commission Based on the Constitutional Court Decision Number 36/PUU-XV/ 2017 in Terms of the State Institutional Structure

Abstract

Corruption Eradication Commission as an anti-corruption institution in Indonesia is a state institution that is independent in carrying out its duties and authority to eradicate corruption. But with the Constitutional Court Decision Number 36 / PUU-XV / 2017, the constitutional judge considers that the Corruption Eradication Commission is an executive institution because it has the same duties and authority as the police and prosecutors based on the Trias Politica theory. In fact, the theory is no longer relevant to the development of constitutional law at this time. There are supporting state institutions which are outside the conventional branches of power as referred to in the trias politica theory and are independent. Such institutions are often called "quasi-judicial" or "quasi-executive". Embedding the word "quasi" means the institution is not in any power, but has a task that can be half-executive or judicial. Therefore, it is inappropriate to classify the Corruption Eradication Commission as an executive institution by only looking at its duties and authorities, bearing in mind that so far the Corruption Eradication Commission has fulfilled the criteria as an independent institution formed due to under-optimal performance of the police.