COMPARATIVE ANALYSIS OF RECRUITMENT ARRANGEMENTS FOR MEMBERS OF INDEPENDENT STATE INSTITUTIONS AND NON-STRUCTURAL INSTITUTIONS

Abstract

The establishment of several independent state institutions and non-structural institutions in the reform era has strengthened Indonesia as a democracy and a state of law. Its institutions which are independent from political influence and power of any party are very important for the growth of democracy. Uniform and patterned arrangements in the laws that form them are important factors to support the independence of carrying out their duties and functions. This study aims to compare the recruitment arrangements for members of the KPK, Ombudsman, KPPU, KPI, KPU and KASN in the laws that formed them. Normative juridical methods and literature are used by examining the substance of the six laws, as well as examining relevant information in the form of books and journals. The results of the study indicate that recruitment, which begins with the formation of a committee/selection team by the President/government, the implementation of the selection, the results are submitted to the President, then submitted to the DPR for election, and the elected candidate is submitted to the President for determination, applies to the membership of the KPK, Ombudsman, and KPU. Recruitment which begins with the formation of a selection team by the Minister of Administrative and Bureaucratic Reform, the implementation of the selection, the results of which are proposed to the President for stipulation, apply to KASN membership. Recruitment through elections by the DPR at the suggestion of the community and determined by the President at the proposal of the DPR applies to KPI membership. Recruitment through appointment by the President with the approval of the DPR applies to KPPU membership. There are arrangements for member recruitment patterns that vary between independent state institutions and non-structural institutions. For certainty and clarity of recruitment, it is necessary to make uniform arrangements among similar institutions.