Penyelesaian Sengketa Kewenangan Antar Lembaga Negara Berdasarkan Undang-undang Dasar Negara Republik Indonesia Tahun 1945

Dasul, Santoso (2022) Penyelesaian Sengketa Kewenangan Antar Lembaga Negara Berdasarkan Undang-undang Dasar Negara Republik Indonesia Tahun 1945. Other thesis, Universitas Islam Riau.

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Abstract

After the 1998 reform, the 1945 Constitution was amended four times starting from 1999 to 2002 and led to changes in the joints of the Indonesian state administration. One of the major changes in the 1945 Constitution was that the MPR was abolished as the highest institution to become a higher institution. This is based on the objective of strengthening the implementation of a system of mutual supervision between state institutions (checks and balances). In addition, the presence of various state institutions and independent state institutions (state commissions) after the 1998 reform whose authority was given outside the 1945 Constitution often led to tensions or authority disputes between state institutions, both at the center and in the regions. Along with that, the constitution is placed as the supreme commander who regulates and limits the power of state institutions that run the wheels of government. The main problems in this study are first, how to resolve disputes over authority between state institutions based on the 1945 Constitution and secondly, how to resolve disputes over authority between state institutions whose authority is not regulated in the 1945 Constitution. This research is included in normative legal research (legal research), namely examining books or literature and writings related to the subject matter being researched. The process of analyzing the data in this study, the writer uses descriptive analytical method, which is to reveal the laws and regulations relating to legal theories related to the research material which will then be analyzed. This study concludes that, firstly, the settlement of disputes over authority between state institutions carried out by the Constitutional Court is still based on Article 24C paragraph (1) and Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court and PMK. Number 8 of 2006 Guidelines for Proceeding in Disputes on the Constitutional Authority of State Institutions. Second, the dispute resolution of authority between state institutions whose authority is given outside the 1945 Constitution still does not have the opportunity in the Constitutional Court considering that until now there has been no expansion related to subjectum litis and objetum litis of state institutions, so there is still legal uncertainty.

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