Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Vol 3, No 1 (2020): Budapest International Research and Critics Institute February

Welfare Detection and Legal Effectiveness: Country Institutions Which the Authority is Regulated in Law in the Disputes of Authority

Demas Brian W (Student in Postgraduate Law Doctoral Program, Faculty of Law, Brawijaya University)
Sudarsono Sudarsono (Lecturers and Researchers in Postgraduate Law Doctoral Program, Faculty of Law, Brawijaya University)
Rachmad Safa’at (Lecturers and Researchers in Postgraduate Law Doctoral Program, Faculty of Law, Brawijaya University)
Muchamad Ali Safa’at (Lecturers and Researchers in Postgraduate Law Doctoral Program, Faculty of Law, Brawijaya University)



Article Info

Publish Date
29 Jan 2020

Abstract

Institutional design of the state with separation of powers and checks and balance give birth to the intersection of authority. This condition has the potential to create a power dispute between state institutions. Provisions regarding the resolution of disputes over state institutions are inseparable from issues concerning subjectum and objectum litis which have become jurisprudential and the institution is independent and is not subordinate to other institutions, so there are several state institutions that cannot resolve disputes in the Constitutional Court, namely state institutions that regulate them outside the Constitution, whether regulated by law or under the law. The purpose of this study is to describe the provisions of dispute resolution for the authority of state agencies which the authority is regulated in law. This journal research uses a qualitative paradigm with a phenomenological approach in the translation. The results obtained in this study are: 1) Detection of  Welfare which will be realized in maximum when all state agencies effective in operation; 2) Paradigm: Analysis of Dispute Authority of State Institutions. On the basis of a modern legal state, disputes over the authority of state institutions that are formed based on the law, need to be channeled to settle so that they remain based on due process of law and there are no rules in the process of resolving disputes over the authority of state institutions in the law.

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Journal Info

Abbrev

birci

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

Description

Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences is a peer-reviewed journal published in February, May, August and November by Budapest International Research and Critics University Journal (BIRCU-Journal). BIRCI welcomes research papers in ...