The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications

After the issuance of Law No. 19/2019, which amended Law No. 30/2002 on the Corruption Eradication Commission, there were significant changes in the position and function of the KPK. The main objective of this study is to analyze changes in the position and authority of the Corruption Eradication Commission (KPK) after the enactment of Law No. 19 of 2019, whether it still fulfills the principle of independence of state institutions from the perspective of the theory of separation of powers (trias politica) as well as the legal and constitutional impacts of the transfer of the KPK to the executive branch of power on the principle of checks and balances and the effectiveness of corruption eradication in Indonesia. This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The results show that the Revision of KPK Law has serious consequences for the independence of KPK and shows significant constitutional impacts which reflect a shift in balance. The imbalance has the potential to weaken the quality of democracy while disrupting the principles of clean and accountable governance. KPK risks transforming into an administrative instrument that is vulnerable to the interests of executive power

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Publication Details

Journal
Journal of Legal Contemplation
Published
2025-07-04
DOI
https://doi.org/10.63288/jlc.v1i2.6
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications

P. M., Michael Wijaya Simatupang
Journal of Legal Contemplation
Indonesian Legal and Regulatory Studies
article

The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications

P. M., Michael Wijaya Simatupang
article en

Abstract

After the issuance of Law No. 19/2019, which amended Law No. 30/2002 on the Corruption Eradication Commission, there were significant changes in the position and function of the KPK. The main objective of this study is to analyze changes in the position and authority of the Corruption Eradication Commission (KPK) after the enactment of Law No. 19 of 2019, whether it still fulfills the principle of independence of state institutions from the perspective of the theory of separation of powers (trias politica) as well as the legal and constitutional impacts of the transfer of the KPK to the executive branch of power on the principle of checks and balances and the effectiveness of corruption eradication in Indonesia. This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The results show that the Revision of KPK Law has serious consequences for the independence of KPK and shows significant constitutional impacts which reflect a shift in balance. The imbalance has the potential to weaken the quality of democracy while disrupting the principles of clean and accountable governance. KPK risks transforming into an administrative instrument that is vulnerable to the interests of executive power

Journal of Legal ContemplationVol. 1(2)
Universitas Simalungun (ID), Sam Ratulangi University (ID)
Openalex Percentile: Top 77%
Indonesian Legal and Regulatory Studies
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