eprintid: 54545
rev_number: 11
eprint_status: archive
userid: 12460
dir: disk0/00/05/45/45
datestamp: 2022-10-27 01:39:23
lastmod: 2022-10-27 01:39:23
status_changed: 2022-10-27 01:39:23
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Carla Yvete Pramesvara, NIM.: 18103070091
title: POLITIK HUKUM KEBIJAKAN ALIH STATUS PEGAWAI KPK MENJADI PEGAWAI ASN DALAM UU NO. 19 TAHUN 2019 TERHADAP INDEPENDENSI KPK PERSPEKTIF MASLAHAH
ispublished: pub
subjects: StuPoliP
subjects: kor_upsi
divisions: tata_negara
full_text_status: restricted
keywords: Peralihan Status Pegawai KPK, Politik Hukum, Indpendensi, Maslahah
note: Pembimbing: Gugun El-Guyanie, S.HI., LL.M.
abstract: Seeing the current dynamics of corruption, a legal reform is needed which requires a revision of the KPK Law. However, with the enactment of Law no. 19 of 2019 as the Second Amendment to Law No. 30 of 2002 concerning the Corruption Eradication Commission (KPK Law) in fact caused upheaval in the community. The process of forming the a quo Law actually seems rushed, not transparent and lacks public participation. Materially, the a quo Law also contains several articles that continue to cause controversy, one of which is articles related to the transition of the status of KPK employees to ASN employees as contained in Article 1 point 6, Article 24, Article 69B and Article 69C. The absence of legal certainty in these articles has the potential to give birth to more complex regulations and hyper regulation. The presence of sustainable implementing regulations makes the a quo law can be misinterpreted to suit political will. The policy of transitioning the status of KPK employees to ASN also has an impact on the KPK in several aspects, one of which is in the aspect of institutional independence.
This type of research is a descriptive-analytic library research with the approach used is a normative juridical approach. This study aims to analyze the political configuration in the policy formation process of transitioning the status of KPK employees to ASN contained in Law no. 19 of 2019 as a legal product and the impact that comes after the enactment of the policy. In addition, this study also discusses Maslahah's views regarding the legal politics of the transitional policy of the KPK's employment status.
Based on the results of the study, it was found that the establishment of a policy on the transition of the KPK's employment status to ASN in Law no. 19 of 2019 is a form of government initiative as an effort to prevent and deal with criminal acts of corruption, it indicates the existence of a legal politics. The political configuration found in the process of making the KPK Law revision is classified as authoritarian because it only focuses on policy-making institutions. So that it produces an elitist and non-participatory legal product. This policy also has an influence on the independence of the KPK in various fields, both structurally and institutionally, functionally, and administratively. In Maslahah's view, the policy of transitioning the employment status of the KPK identifies that it does not bring benefits but leads to harm.
date: 2022-06-06
date_type: published
pages: 144
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Carla Yvete Pramesvara, NIM.: 18103070091  (2022) POLITIK HUKUM KEBIJAKAN ALIH STATUS PEGAWAI KPK MENJADI PEGAWAI ASN DALAM UU NO. 19 TAHUN 2019 TERHADAP INDEPENDENSI KPK PERSPEKTIF MASLAHAH.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/54545/1/18103070091_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/54545/2/18103070091_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf