Sengketa Kewenangan Lembaga Negara, Hukum Acara Mahkamah Konstitusi - Yunani Abiyoso, S.H.,M.H.

Summary

This video discusses the resolution of constitutional authority disputes between state institutions in Indonesia, governed by the 1945 Constitution and Constitutional Court regulations. It explores both narrow and broad definitions of state institutions, their constitutional powers, and the procedural process for submitting cases to the Constitutional Court. The video highlights key examples, including a case between the General Election Commission and Papua Provincial Government. Expert views, such as those from Professor Jimly Asshiddiqie, emphasize the importance of constitutional authority and the Court's final binding decisions on such disputes.

Takeaways

• 😀 The Constitutional Court (Mahkamah Konstitusi) in Indonesia has the authority to resolve disputes concerning the powers of state institutions, as granted by the 1945 Constitution and related laws.
• 😀 Disputes involving state institutions can arise when there are disagreements over their constitutional authority, as defined in the Constitution or derived through laws.
• 😀 State institutions can be defined narrowly (only those explicitly mentioned in the Constitution) or broadly (any institution fulfilling a constitutional mandate).
• 😀 According to Hans Kelsen’s theory, state institutions are those which exercise constitutional authority, even if not explicitly named in the Constitution itself.
• 😀 The powers of state institutions can be directly given by the Constitution or indirectly granted through laws or regulations.
• 😀 A key aspect of the Constitutional Court’s process is the application of the concept of 'legal standing' (standing) in disputes, where a state institution claims that its constitutional powers are violated or diminished by another institution.
• 😀 The process for filing a dispute includes submitting a formal petition to the Constitutional Court, which must outline the petitioner’s identity, legal standing, and the disputed constitutional authority.
• 😀 The Constitutional Court’s jurisdiction includes resolving disputes between state institutions like the President, MPR, DPR, DPD, BPK, and other agencies with constitutional authority.
• 😀 The Constitutional Court can issue a preliminary ruling (putusan sela) to halt the disputed action temporarily until a final ruling is made, based on the urgency and potential legal consequences of the case.
• 😀 The final ruling of the Constitutional Court on such disputes is binding and cannot be appealed, ensuring the resolution of the dispute is definitive.
• 😀 Jimly Asshiddiqie explains that the authority to resolve disputes over constitutional powers extends to both explicitly named and implied state institutions, as long as their powers are derived from the Constitution, with examples like the KPK and Bank Indonesia.

Q & A

What is the main topic of the video script?

The video discusses *Sengketa Kewenangan Lembaga Negara* (Dispute of State Institutions' Authority) in the context of Indonesian constitutional law and the role of the Mahkamah Konstitusi (Constitutional Court) in resolving these disputes.

What is the role of the Mahkamah Konstitusi in resolving disputes of state institutions' authority?

The Mahkamah Konstitusi has the authority to resolve disputes related to the constitutional powers of state institutions, ensuring that their powers, as outlined in the 1945 Indonesian Constitution, are respected and upheld.

How are state institutions defined in the context of the Mahkamah Konstitusi's jurisdiction?

State institutions are defined based on the constitutional powers granted to them. Some are explicitly named in the Constitution (such as the President, DPR, DPD, MPR, and BPK), while others, such as the KPU and the Central Bank, are considered state institutions due to their constitutional roles, even if they are not explicitly mentioned.

What are the two key elements involved in a dispute regarding the authority of state institutions?

The two key elements are: 1) the conception of state institutions, which can be either narrow (explicitly named in the Constitution) or broad (including institutions exercising constitutional powers), and 2) the authority of these institutions, which may be granted directly by the Constitution or through other laws.

What is the procedure for filing a dispute with the Mahkamah Konstitusi?

A petition must be filed by a state institution that believes its constitutional authority has been violated, reduced, or restricted by another state institution. The petition should include the identities of the petitioner and respondent, a description of the authority in dispute, and the legal standing of the petitioner.

What must a petition include when filed with the Mahkamah Konstitusi?

The petition must include the identity of the petitioner (name, address, and legal standing), the identity of the respondent (including their role and authority), a clear explanation of the constitutional authority in dispute, and the specific legal request (petitum) for the Court to address.

Can the Mahkamah Konstitusi accept a petition from any state institution?

Only state institutions that are explicitly mentioned in the Constitution or other laws, such as the DPR, DPD, MPR, President, BPK, and local governments, can file a petition. However, the Mahkamah Konstitusi may accept petitions from other institutions that carry out constitutional powers, even if they are not explicitly listed.

What are the possible outcomes of a dispute in the Mahkamah Konstitusi?

The possible outcomes are: 1) the petition is accepted (the Court rules in favor of the petitioner), 2) the petition is rejected (the Court finds no merit), or 3) the petition is declared inadmissible (due to formal issues).

What is the importance of the procedural requirements when filing a petition with the Mahkamah Konstitusi?

The procedural requirements are essential for ensuring that the petition is valid and ready for consideration. These include filing the petition in proper format, providing necessary evidence, and ensuring the legal standing and legitimacy of the parties involved.

How does the Mahkamah Konstitusi decide on a case after hearings?

After reviewing all evidence and arguments in hearings, the Mahkamah Konstitusi holds a deliberative session with all nine judges to discuss the case and determine the final decision, which could either accept, reject, or dismiss the petition based on the legal arguments presented.