PENATAAN KEWENANGAN DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI DARI PERSPEKTIF LEMBAGA NEGARA INDEPENDEN DAN PRINSIP CHEKS AND BALANCES

Abstract

This study aims to find out how the idea of the authority of the supervisory board  of the corruption eradication commission from the perspective of an independent state  institution and the principle of cheks and balances. The formulation of the problem that  will be raised is how the authority of the Supervisory Board of the Corruption  Eradication Commission is based on the applicable laws and regulations and what is the  ideal concept of the Supervisory Board of the Corruption Eradication Commission as an  independent State Institution. This research is a normative juridical literature research, research conducted  based on legal materials and statutory regulation. The approach taken includes a library  approach, namely by reading and studying books and laws and regulations. The type of  data used is primary data, namely data sources obtained through laws and regulations  related to the Supervisory Board and the Corupption Eradication Commission, then  secondary data sources, namely dara sources derived from books and other regulations,  consisting of primary legal materials, laws and regulation relating to the Supervisory  Board and the Corruption Eradication Cpmmission. The theory used is the theory of supervision, the theory of independent state  institutions and the theory of power sharing and the principle of cheks and balances. The  result of this study indicate that after the amandement to the Law on the KPK, namely law  number 19 of 2019 concerning the second amandement to law number 30 of 2002  concerning the KPK, the position of the KPK which was originally a non-govermental  state institution now the KPK is under the executive branch of power, and law number 19  of 2019 concerning the KPK, there is an addition to the Supervisory Board, the  Supervisory Board has the duties and authority to oversee the implementation of duties  and authorities owned by the KPK this is mentioned in Articles 12B, 12C, and 37B. Meanwhile the Corruption Eradication Commission (KPK) is an independent  state institution, whose independence lies in its judicial authority, namely investigation,  investigation, and prosecution. Of course, the existence of the Supervisory Board which  has the task and authority to oversee the implementation of the duties and authorities of  the KPK is feared to interfere with the performance of the KPK in carrying out its duties  and authorities, especially its judicial authority (investigation, investigation, and  prosecution). Keywords: Arrangement, Independen Agency, Cheks and Balances.