ANALYSIS OF OVERREACH OF LEGISLATIVE POWER OF COMMISSION III OF THE DPR RI IN LAW ENFORCEMENT EFFORTS SEPARATION OF POWERS PERSPECTIVE

Abstract

In the context of the Indonesian constitutional system that adheres to the principle 
of separation of powers , the existence of the legislative institution is ideally limited 
to the functions of legislation, budgeting, and oversight. However, in the practice 
of state administration, it is often found that Commission III's actions exceed the 
limits of its constitutional authority, especially in the process of law enforcement 
which is the dominant executive power . This study aims to analyze the 
phenomenon of overreach of legislative power of Commission III of the Indonesian 
House of Representatives from the perspective of separation of powers . The 
research method used is normative juridical with a conceptual approach and a 
statutory approach, and supported by case studies of a number of factual events 
that reflect the excess of such authority. The results of the study indicate the 
existence of forms of overreach through intervention in the process of 
investigation and prosecution of cases, the use of the right of inquiry as a tool of 
political pressure, the use of the budget function to influence law enforcement 
agencies, and the politicization of the fit and proper test mechanism in the 
selection of leaders of law enforcement agencies. This phenomenon contradicts the 
principles of separation of powers and checks and balances as stipulated in the 
1945 Constitution of the Republic of Indonesia. Legislative overreach also weakens 
the independence of law enforcement agencies, diminishes the quality of law 
enforcement, and erodes public trust in Indonesia's legal system. If left unchecked, 
this situation could threaten the principles of the rule of law and constitutional 
democracy.