Independence of the KPK Supervisory Board's Authority after the Amendment of Law No. 19 of 2019

Abstract

In accordance with Article 3 of Law Number 30 of 2002 concerning the Eradication of Corruption Crimes, the Corruption Eradication Commission (KPK) operates independently and is not under the control of other entities. However, the revision of the law incorporated in Law Number 19 of 2019 makes it unclear what role the KPK should play as an autonomous institution. Therefore, the authors are encouraged to further examine this issue. This study aims to analyze the Independence of the Supervisory Board After the Amendment to Law Number 19 of 2019 Number 30 of 2002. This study uses statutory, conceptual, and comparative methods in its normative investigation of juridical law. The material is taken from primary, secondary and tertiary sources of legal knowledge. The new Corruption Eradication Commission Act includes recommendations for review by establishing a Supervisory Board as the internal supervisor. However, its function within the larger institutional framework remains unclear. The existence of the Supervisory Board also influences the institutional characteristics of the KPK, especially the institutional and functional autonomy of the KPK. While the decision of the Constitutional Court no. 36/PUU-XV/2017 does explain that the KPK is part of the executive body, Article 3 of the latest Corruption Eradication Commission Act explains that the Supervisory Board is not autonomous because its members are elected and nominated directly by the President.