Aris, Ismail, et al. "Konstitusionalitas daratkan Angket Dewan Perwakilan person (Dpr) terhadap komisi Pemberantasan Korupsi (Kpk)." Al-Adalah, vol. 4, no. 2, 2019, pp. 135-158, doi:10.35673/ajmpi.v4i2.436.

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Anda sedang menonton: Hak angket dpr terhadap kpk


The development of the state institutional theory meminta that it no much longer seals every State institution just to rely on 3 (three) branches of power as the teaching of the brand-new separation of strength theory. On the other hand, the decision that the constitutional Court and the revision of the KPK regulation are placed as executive, management institutions. So it is debated whether the KPK is a topic that can be rounded up, due to the fact that it is one executive school or the KPK cannot be do a topic of questionnaire kebenaran because that its place as one independent agency agency? This study aims come determine and analyze the authority of the DPR's questionnaire izin to the KPK and also the constitutionality that the DPR's Questionnaire benar to the KPK Perspectives top top the review of the KPK Law and Comparison in berbeda Countries. This form of research is the type of normative legit research. The approach digunakan is the regulation approach and comparative legislation (comparison approach), the filsafat approach come the legislation (philosophical approach).The outcomes of the untuk mempelajari showed the the constitutionality that the DPR questionnaire kebenaran was based upon the initial intent that the questionnaire right norm in a comprehensive draft amendment come the straightforward Law, the questionnaire best was only aimed at state establishments of the executive, management family. In addition, constitutional Court Decision No. 36-40 / PUU-XV / 2017, i beg your pardon categorizes the Corruption Eradication Commission as a team of executive establishments is in dispute with various other Constitutional Court decisions, namely Decision the the constitutional Court mageri 012-016-019 / PUU-IV / 2006, 19 / PUU-V / 2007, 37-39 / PUU-VIII / 2010. 5 / PUU-IX / 2011, locations the KPK together an independent firm and is categorized together Faste jurisprudence (permanent jurisprudence). In addition, theoretically, the to teach of the new theory that separation of power teaches that it is no longer bugar to location State establishments based just on 3 (three) branches that power. Ketika the constitutionality that the DPR's questionnaire benar to the KPK view of the review of the KPK Law and also Comparison in variasi Countries is based upon the outcomes of study by researcher that the KPK's place in various countries is live independence or dependent. For example, in southern Africa, Zimbabwe, Egypt and Thailand.

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An in similar way with the topic of state organizations that deserve to be researched, there are no countries that attend to the right of questionnaires to these independent institutions. Because that example, the United says of America, Philippines, southern Africa, all of whom deal with the questioning ideal of inquiry only as an executive state institution.