| Summary: | The research purpose of the thesis is to make a legal analysis concerning
the constitutionality of temporary dismissal of public officials who have been
suspected or accused for committing corruption. The scopes of study are including
the constitutionality of terms and conditions, procedures or mechanism, and also
model of interpretation of Indonesian Constitutional Court concerning the
temporary dismissal of public officials. Moreover, there is also a comparative
study about practices of public official�s dismissal in Unites States of America
(USA).
Research method used in this thesis is a descriptive analysis which refers
to a normative � legal analysis of some regulations or laws concerning the
temporary dismissal. Sample of public officials used in this research are members
of the House (DPR), Regent, and Commission Members of KPK.
This research holds that the temporary dismissal of public officials is
constitutional and is not against the principles of Indonesian constitutional system.
The dismissal model is of course according to the principle of due process of law
and presumption of innocent. Temporary dismissal can be considered as a
mechanism to support clean government and basically it is also part of
government�s accountability system.
As a comparison, in United States of America, we never found or heard
about such dismissal. But it has been practiced in Republic of Korea (South
Korea) and also adopted in the constitution of Republic of Korea. This procedure
is not only applicable for several principal public officials, but also for the
President and Vice President of Republic of Korea.
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