Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Consistency of the Constitutional Court’s Decisions in Resolving Disputes Over the Authority of State Institutions

Authors
Luthfi Widagdo Eddyono
Center for Democratization Studies
Corresponding author. Email: luthfi_we@yahoo.com
Corresponding Author
Luthfi Widagdo Eddyono
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.033How to use a DOI?
Keywords
State Institution; the Constitutional Court of the Republic of Indonesia; Disputes on the Authority of State Institutions
Abstract

Based on Article 24C, paragraph (1) of the 1945 Constitution, which is reaffirmed in Article 10, paragraph (1) letters a to d Law 24/2003, one of the powers of the Constitutional Court of the Republic of Indonesia is to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution. From 2003 until now, 26 cases of resolving disputes over the authority of state institutions whose authority is granted by the 1945 Constitution have been accepted and have been decided. The verdict results were granted one case, three cases were rejected, 16 were not accepted, five were withdrawn, and one was not the Court authorized. From the variety of decisions in those cases, it is essential to study why this happened. This study is descriptive and analytic. It uses the juridical method and desk study. This paper will focus on the analysis of the decisions of disputes over the authority of state institutions. In addition, this paper will focus on seeing the consistency of the Constitutional Court decisions from the first to the last judgment. It is concluded that the Constitutional Court’s decisions in disputes over the authority of state institutions are consistent. In its previous decision 1/SKLN-XVII/2019, the Constitutional Court adhered to its prior decisions. It creates legal certainty in the disputes over the authority of state institutions.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
978-94-6239-454-4
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.033How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Luthfi Widagdo Eddyono
PY  - 2021
DA  - 2021/11/23
TI  - Consistency of the Constitutional Court’s Decisions in Resolving Disputes Over the Authority of State Institutions
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 259
EP  - 265
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.033
DO  - 10.2991/assehr.k.211112.033
ID  - Eddyono2021
ER  -