ANALISIS KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA KEWENANGAN LEMBAGA NEGARA

Abstract

One of the authorities of the Constitutional Court based on Article 24C Paragraph 1 of the 1945
Constitution is regarding the settlement of disputes over the authority of state institutions. However,
not all state institutions in dispute can be resolved in the Constitutional Court. The purpose of this
paper is to analyze how the authority of the Constitutional Court is in resolving disputes over the
authority of state institutions and how it relates to dispute resolution on the authority of independent
state institutions. The research method used is legal research method with data collection techniques,
namely based on legal literature related to the object of research. The legal materials used in this
paper are taken from primary legal materials in the form of legal norms or rules or statutory
provisions as well as secondary legal materials such as books and related legal journals. The
Constitutional Court here in examining, adjudicating, and deciding a dispute on the authority of state
institutions considers the provisions or conditions related to subjectum litis and objectum litis. Then
based on cases that occurred in Indonesia related to state institutions that can be applicants and
defendants in disputes over the authority of constitutional institutions are not only limited to the main
state institutions, but other independent institutions whose authorities are regulated in the
Constitution. Then only independent state institutions that have constitutional authority or are
regulated in the 1945 Constitution can be resolved in the Constitutional Court.