A Supervisory Board was created to oversee the performance of the leadership of the Corruption Eradication Commission or Komisi Pemberantasan Korupsi (KPK) after almost 20 years of existence based on Law No. 19/2019, a second amendment to Law No. 30/2002 on Corruption Eradication Commission. To enhance public services, the government thought that the creation of KPK Supervisory Board was necessary as an adjustment step to the development of Indonesia’s constitutional structure despite the commission not being mentioned in the 1945 Constitution. While the establishment of the board is appreciated by some Indonesians, many show concern as they believe that its existence hinders/weakens the fight against corruption. This study discusses the fight against corruption in Indonesia by investigating the autonomy of KPK as an independent institution after the creation of the Supervisory Board. This is a normative juridical study drawing on both a statutory approach and conceptual approach, and a descriptive analysis. The study reveals that even though the Constitutional Court decision No. 36/PUU-XV/2017 stipulates that KPK is a part of the executive branch, its Supervisory Board is not independent because its members are directly selected and appointed by the President as prescribed in Article 3 of the latest KPK Law.
Syahuri et al. (Tue,) studied this question.