POLITIK HUKUM PERUBAHAN STATUS PEGAWAI KOMISI PEMBERANTASAN KORUPSI MENJADI APARATUR SIPIL NEGARA BERDASARKAN PERATURAN PEMERINTAH NOMOR 41 TAHUN 2020 TENTANG PENGALIHAN PEGAWAI KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI MENJADI APARATUR SIPIL NEGARA

Abstract

One of the state institutions supporting bodies in the Indonesian
constitutional structure system is the Corruption Eradication Commission,
hereinafter abbreviated as the KPK, the presence of the Corruption Eradication
Commission (KPK) To carry out the eradication of corruption, the corruption
eradication commission requires the support of professional, high integrity, moral
and human resources. responsible and consistent in carrying out their duties,
powers and obligations in accordance with the provisions of laws and
regulations. However, on July 24, 2020, Government Regulation Number 41 of
2020 concerning the Transfer of Corruption Eradication Commission Employees
to State Civil Servants was enacted. This regulation came out following the
issuance of Law No. 19 of 2019 concerning the Corruption Eradication
Commission, but this change in the status of KPK employees has reaped pros and
cons in the public because many think that this status change will interfere with
the independence and performance of the KPK, because the change in the status
of KPK employees to State Civil Apparatus (ASN)
This research uses a typology of normative legal research or what is also
called doctrinal legal research, which deals more specifically with legal
principles. In this study the authors use descriptive research characteristics,
because the authors describe the Regulatory Structuring of Independent State
Institutions in the Structure of the Indonesian State Administration System.
The results of the research conducted by the author is that this status will
interfere with the independence and performance of the KPK, because the transfer
of the status of KPK employees to the State Civil Apparatus (ASN) certainly
makes the KPK also subject to the regulations of the State Civil Apparatus. The
change of status to ASN also affects the recruitment of employees, including
competency enhancement which cannot be done alone and specifically the
provisions of Article 9 paragraph (1) and paragraph (2) of the PP are related to
salary and benefits. Syarif explained, if it is concluded, there are three
components of the salary for KPK employees based on the PP. Respectively,
namely salary, allowances, and special allowances that can be given if they are
still lacking
Keywords: Legal politics, Independent Institutions, KP