Cancellation of the Supervisory Board of the Corruption Eradication Commission's Authority to Grant Permits for Wiretapping, Search, and Confiscation in the Context of Legal Effectiveness in the Constitutional Court Decision Number 70/Puu-Xvii/2019

Abstract

The primary issue addressed in this study is the Supervisory Board of the Corruption Eradication Commission's position following the Constitutional Court's cancellation of the authority to grant wiretap, search, and seizure permits in the interest of law enforcement and the criminal justice system's effectiveness. This study intends to educate the public on the KPK Supervisory Board's position and urgency in light of the Constitutional Court's Decision No. 70/PUU-XVII/2019 on the concept of legal efficacy and the criminal justice system in Indonesia. The findings of this analysis demonstrate that, in light of the judge's concerns, the Supervisory Board of the Corruption Eradication Commission's issuing of wiretapping, search, and seizure permissions constitutes a genuine instance of pro justitia overlapping authority. Because the KPK Supervisory Board is not a law enforcement officer, it is not compliant with the law's efficacy in terms of law enforcement, community, and legal aspects, and so is not included in the criminal justice system's components and contradicts the criminal justice system's idea.