UNSUR MELAKUKAN PERBUATAN TERCELA DALAM PEMBERHENTIAN PIMPINAN KOMISI PEMBERANTASAN KORUPSI PERSPEKTIF KEADILAN

Abstract

The element of committing a disgraceful act in the dismissal of the leadership of the Corruption Eradication Commission presents its own problems in its application. The theory taken by the author to examine the focal point or focus of this discussion is the theory of justice. The research conducted by this team is descriptive, of course, by discussing the elements of committing a disgraceful act. The approach used is normative juridical, by using a law approach and through a legal hermeneutic approach. The problems include: first, there are no clear benchmarks or indicators related to what kind of actions are included in the element of committing a disgraceful act. Second, there is no guarantee that the position of the head of the Corruption Eradication Commission is free from unclear dismissals. Third, the dismissal of the leadership of the Corruption Eradication Commission can lead to a subjective assessment. The first solution, provides indicators that can provide clarity on the element of committing a disgraceful act. Second, eliminating the element of committing a disgraceful act. The third, combining the elements contained in point c and point d.