| dc.description.abstract | Article 21 of Law No.30/2002 stales that in the implementation of the task of
investigation and suing as meant in Article 6 (c), the Corruption Elimination
Commission (KPK) has the authority to give instruction to related agencies to
prohibit someone to go abroad.
Based on the above stipulation, the purpose of this study was to describe the
form of cooperation between the KP K and the related agencies concerning the
prohibition of a corruptor to go abroad, to find out whether or not the authority of
KP K to prohibit a corruptor to abroad is overlapping with the authority held by the
police and public prosecutor, and to analyze whether or not the prohibition of a
corruptor to go abroad by KP K is against the principle of presumption of innocence.
This study employed the normative juridical approach as a process to find out a rule
of law or legal doctrines to answer the existing legal problems. The data obtained
were qualitatively analyzed.
The result of this study showed that in prohibiting a corruptor to go abroad,
the KP K needs to cooperate with the other related agency such as the Ministry of
Law and Human Rights because the Directorate General of Immigration is currently
under the Ministry of Law and Human Rights. The prohibition of a corruptor to go
abroad by the KP K is not overlapping with the authority held by the police and
public prosecutor. The authority held by the KP K is especially intended to eliminate
corruption. for a conflict occurs concerning the prohibition of a corruptor to go
abroad, the prohibition under the authority of KPK is the one put in to effect because
this authority of KP K is in accordance with the legal principle of lex specialist
derogate legi generalist. Basically, a legal prohibition is a form of human rights
limitation and it is against the principle of presumption of innocence. The legal
prohibition applied by the KP K to the corruptor is not to restrict the human rights
and not against the principle of presumption of innocence. The authority held by the
KP K is legal and in accordance with the legal principle saying that state has the
right to limit the rights of its citizens for the interest of the state and community in the
form of legislation. The authority of legal prohibition held by the KP K is attributive
provided by the law through Law No.30/2002 on Corruption Elimination Commission
(KPK It is suggested that the regulation of authority of KPK in legally prohibiting
the corruptor to go abroad be regulated through Law of KPK. | en_US |
