Over Reform in Indonesia emerged various changes in the state system, particularly
changes to the Constitution of the State of Indonesia. One result of the Constitutional
Amendment Act of the Republic of Indonesia Year 1945 (State Constitution Indonesia of
1945) is the shift of the supremacy of the People's Consultative Assembly (MPR) to the
supremacy of the constitution. As a result, the MPR is not longer the highest state institution
because of all state institutions equal seated in the mechanism of checks and balances.
Meanwhile, the constitution is positioned as the highest law that regulates and limits the
power of state institutions.
The development of the concept of trias politica also affect the institutional structure
changes in Indonesia. In many countries, the classic concept of separation of powers is deemed
no longer relevant because the three functions of the existing powers are not able to bear the
burden of the state in running the government. To answer these demands, the state established
a new type of state institution which is expected to be more responsive in addressing the
actual problem state. So, stand various state agencies that help the task of state institutions
which according to Prof.. Dr. Jimly Asshidiqie, SH referred to as "State Institutions Help" in
the form of board, commission, committee, agency, or authority, with their respective duties
and responsibilities. Some experts still classify institutions state aid within the scope of the
executive, but there are also scholars who put their own as the fourth branch of government
power.
In the context of Indonesia, the presence of auxiliary state institutions mushroomed
after the change of Constitution of Indonesia Year 1945. Various state aids are not formed
with a uniform legal basis. Some of them stand above constitutional mandate, but there also
acquire legitimacy by law or presidential decree. One of the auxiliary state institution
established by law is the Corruption Eradication Commission (KPK). Although it is
independent and free from any authority, the Commission remains dependent on the executive
power in connection with organizational issues, and has a special relationship with the
judiciary in terms of prosecution and trials of corruption crimes. Going forward, the position
of state agencies such as the Commission requires assistive legal legitimacy is stronger and
more assertive and more support from the community.