THE SETTLEMENT OF DISPUTE ON JURISDICTION AMONG THE STATE INSTITUTIONS IN THE CONSTITUTIONAL COURT
Abstract
The relationship between institutions is bound by check-and-balances principle. This may bring about potential dispute between state institutions. The Constitutional Court has received and decided 25 cases regarding dispute on jurisdiction among the state institutions. The research aims to analyze the decision of the Constitutional Court and to evaluate the role of Constitutional Court in settling the dispute on jurisdiction among the state institutions. The research is a normative legal research using a case law approach. The results of the research show that the Constitutional Court has given significant contribution to settle 25 cases regarding dispute on jurisdiction among the state institutions. The Constitutional Court has carried out its duty as the guardian of the 1945 Constitution. However, there is a problem about unclear definition of the subject matter regarding the scope of state institutions whose authority is mandated by the 1945 Constitution. It brings about multi-interpretation among the judges on the meaning of state institution. Some judges use broad interpretation, but the majority of judges use the narrow interpretation which implicitly refers to Article 64 of the Constitutional Court Act. The research recommends that the DPR and the President need to take initiative to revise Article 61 of Law Number 24 Year 2003 on Constitutional Court which make a clearer definition of state institutions which have legal standing in the dispute on jurisdiction among state institutions in the Constitutional Court.