PENYELESAIAN SENGKETA KEWENANGAN KONSTITUSIONAL LEMBAGA NEGARA SEBAGAI SALAH SATU KEWENANGAN MAHKAMAH KONSTITUSI
Abstract: The problem
formulations of this research are: first, how is the structure of state
institutions in Indonesian constitutional system according to the 1945
Constitution of Indonesian Republic? Second, what are the issues in dealing
with the conflicts related to state institutions’ authority in Constitutional
Court of Indonesian Republic? This research is aimed at: first, analyzing the
structure of state institutions in Indonesian constitutional system according
to the 1945 Constitution of Indonesian Republic. Second, analyzing and
identifying the issues in dealing with any conflicts related to state
institutions’ authority in Constitutional Court of Indonesian Republic. This
research was a normative legal research. The data analysis was done by using
descriptive-qualitative approach. The findings show that: first, the structure
of state institutions in Indonesian constitutional system after the amendment
of the 1945 Constitution of Indonesian Republic has equal positions since the
position of MPR (People’s Consultative Assembly) as the highest state
institution has been abolished. After the amendment of the 1945 Constitution,
Indonesian constitutional system no longer upholds the teaching of distribution
of power, but separation of power. Second, the issues in dealing with the
conflicts related to state institutions’ authority in Constitutional Court are
the fact that there are differences in each decisions in SKLN, i.e. Decision
No. 068/SKLN-III/2004, Constitutional Court Rejects the Petitions of
Petitioners. Decision No. 3/SKLN-X/2012, Constitutional Court Grants. And
Decision No. 2/SKLN-X/2012 Constitutional Court states Not Granted.
Penulis: Sri Hastuti
Puspitasari
Kode Jurnal: jphukumdd141307
