PEMBENTUKAN DEWAN PENGAWAS DAN IMPLIKASINYA TERHADAP INDEPENDENSI KOMISI PEMBERANTASAN KORUPSI DITINJAU DARI SIYASAH DUSTURIYYAH

ALIF BAGUS PRASETYO, NIM. 18103070084 (2022) PEMBENTUKAN DEWAN PENGAWAS DAN IMPLIKASINYA TERHADAP INDEPENDENSI KOMISI PEMBERANTASAN KORUPSI DITINJAU DARI SIYASAH DUSTURIYYAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The establishment of the KPK Supervisory Board is a form of legal political practice regarding the establishment of a state institution. The Supervisory Board is a new part of the KPK which has the task and authority to oversee the performance of the KPK in eradicating corruption in Indonesia. The regulation that forms the basis for the authority of the KPK Supervisory Board is Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. However, the reality is that the existence of the KPK Supervisory Board as a result of the revision of the KPK law raises pros and cons. The research method used in this research is library research. Meanwhile, this research approach uses a normative juridical approach. The discussion focused on the legal politics of establishing the KPK Supervisory Board and the formation of the KPK Supervisory Board in terms of Siyasah Duturiyah. The premier data source for this research is Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. The secondary data sources of this research include legal texts in the form of books, theses, journals, research attachments, scientific works, articles, and legal doctrines. The result of this research is that the formation of the KPK Supervisory Board raises pros and cons. while those who are pro are of the opinion that a superbody state institution such as the KPK should have a special supervisor so that in carrying out its duties and authorities it is not arbitrary (abuse of power), while those who are against think that the formation of the Supervisory Board actually complicates the bureaucracy of the corruption eradication mechanism in Indonesia. . This has led to many requests for judicial review from various parties in order to improve the substance of the KPK law regarding the authority of the Supervisory Board to make it better and in line with the state's goal of eradicating corruption in Indonesia. However, the existence of the KPK Supervisory Board is contradictory when viewed from Siyasah Duturiyah cannot be categorized as part of the study of the Wilayah al-Mazalim, because Siyasah Duturiyah does not recognize the term internal institution that oversees an institution that has the authority in terms of supervision of state power as well as the KPK.

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