Britain International of Humanities and Social Sciences (BIoHS) Journal
Vol 3 No 2 (2021): Britain International of Humanities and Social Sciences, June

Article 24C Paragraph 1 of the 1945 Constitution of the Republic of Indonesia: History and Critical Analysis of Disputes on the Authority of State Institutions

Demas Brian Wicaksono (Universitas 17 Agustus 1945 Banyuwangi, Indonesia)



Article Info

Publish Date
29 Jun 2021

Abstract

In simple terms, the ratio legis can be interpreted as the reason why there is a provision in the law. Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia determines the authority possessed by the Constitutional Court, paragraph (1) reads: The Constitutional Court has the authority to adjudicate at the first and final levels whose decisions are final to examine laws against the Constitution, decide disputes over authority a state institution whose authority is granted by the Constitution, decides on the dissolution of political parties, and decides on disputes regarding the results of general elections. The limiting provisions of Article 24C paragraph (1) seem to close the scope for expanding the Constitutional Court authority to decide disputes over the authority of independent state institutions. Meanwhile, this is a state requirement. This research uses a statutory approach with a descriptive analysis method. The conclusions obtained are: 1) it is not possible that a state institution that has supervisory authority has conflict with other legal institutions; 2) there are state institutions whose authorities are regulated by law and have the potential for authority disputes, but are resolved through the executive agency; 3) there is the authority of state institutions that have the potential for conflict of authority but there are no rules for resolving them.

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Journal Info

Abbrev

biohs

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Environmental Science Social Sciences

Description

BIoHS-Journal is a peer-reviewed journal published in February, June and October by BIAR Publisher. BIoHS Journal welcomes research paper in humanities: language and linguistics, history, literature, performing art, philosophy, religion, visual arts. Social sciences: economic, anthropology, ...