10 Dec 2018
A decision of the Constitutional Court Number 36/PUU-XV/2017 to examine the constitutionality of the object of House of Representatives inquiry to the Corruption Eradication Commission (KPK) raises various kinds of problems and legal debates, especially whether it can the use of the House's inquiry to the KPK as an independent state institution. The problem in this research is whether the consideration of Constitutional Justice in the Decision has proper to the KPK as the object of the House's inquiry? How does the implication of the Decision relate to the use of the House's inquiry to the KPK against corruption eradication? This study is a doctrinal research, using primary and secondary legal materials, in the form of legislation, literature and research results to the object of research. The research concludes, firstly, the consideration of Constitutional Court Justices in particular the consideration of 5 Constitutional Court Justices on the Decision is not proper to place the KPK as the object of House's inquiry because its consideration has no consistency, especially on the independent meaning of KPK by saying KPK's position is in the executive sphere, so that does not mean making the KPK is not independent and free from any influence. Such considerations are not consistent but also accompanied by not disseminating the meaning of "important, strategic, and broad-based" as a criterion for the use of the House's inquiry. Second, the implication of the Decision on the use of the House's inquiry against the KPK is that it can disrupt the KPK's independence status in the context of eradicating corruption. The use of the DPR's inquiry right to the KPK excessively without certain limits can obstruct and politicization of corruption eradication cases handled by the KPK. Therefore, it is necessary to affirm the limitation of the use of the House's inquiry especially to the duty of KPK in the judicial field, as well as the self-restraint of the House's inquiry committees not to enter the limits set by law.
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