Expanding the Authorities of the Constitutional Court in Dispute Settlement of the Authority of State Institutions

  • Irsyaf Marsal and Fauzie Yusuf Hasibuan
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  • Irsyaf Marsal

    Doctoral Student at Universitas Jayabaya, Indonesia

  • Fauzie Yusuf Hasibuan

    Professor at Universitas Jayabaya, Indonesia

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Abstract

Article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia which gives authority to the Constitutional Court to decide disputes over the authority of state institutions whose authority is granted by the Constitution. So that disputes over the authority of state institutions that are not granted by the Constitution are not the authority of the Constitutional Court to decide. This research is normative juridical research with statutory approaches, comparative approaches, case approaches, and conceptual approaches. This study found that the authority of the Constitutional Court in resolving disputes over the authority of state institutions is a dispute over the authority of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. Expansion/ addition of authority to the Constitutional Court to decide on disputes over the authority of state institutions need to be carried out, namely not only state institutions whose authorities are granted by the Constitution but also state institutions whose authorities are granted by law.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1257 - 1270

DOI: https://doij.org/10.10000/IJLMH.114173

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