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Summary

This transcript discusses the concept of 'state institutions' as outlined in Indonesia's 1945 Constitution. It differentiates between institutions explicitly mentioned in the Constitution, such as the DPR, MPR, DPD, presidency, Constitutional Court, Judicial Commission, and BPK, and those created by law but not directly mentioned, like the KPU, National Commission on Human Rights, and the Indonesian Child Protection Commission (KPAI). The script explains that only state institutions specified in the Constitution have the legal standing to bring disputes before the Constitutional Court, while other institutions must seek resolution through other courts.

Takeaways

• 😀 The script discusses institutions referred to as 'state institutions' in the 1945 Constitution of Indonesia.
• 😀 Only specific institutions like the DPR, MPR, DPD, the presidency, the Constitutional Court, Judicial Commission, and the BPK are directly mentioned in the Constitution as state institutions.
• 😀 Other institutions, such as the General Elections Commission (KPU) and the National Commission on Human Rights (Komnas HAM), are considered state institutions but are established through laws, not directly mentioned in the Constitution.
• 😀 Examples of other institutions not directly named in the Constitution include the Ombudsman Commission and the Indonesian Child Protection Commission (KPAI).
• 😀 When disputes arise between state institutions, only those explicitly mentioned in the Constitution can take their cases to the Constitutional Court.
• 😀 The Constitutional Court has the authority to adjudicate disputes between institutions that are specifically listed in the Constitution.
• 😀 Only state institutions mentioned in the Constitution have legal standing to file disputes with the Constitutional Court.
• 😀 Non-Constitutionally named state institutions can still file lawsuits, but they must go through other judicial bodies, not the Constitutional Court.
• 😀 The distinction between institutions named in the Constitution and those created by law is crucial when determining which disputes can be addressed by the Constitutional Court.
• 😀 The script emphasizes the importance of understanding which institutions have the legal standing to engage with the Constitutional Court when issues arise between state institutions.

Q & A

Which institutions are directly mentioned in the 1945 Constitution of Indonesia?

The institutions mentioned directly in the 1945 Constitution of Indonesia include the People's Representative Council (DPR), People's Consultative Assembly (MPR), Regional Representative Council (DPD), the Presidential Institution, the Constitutional Court, the Judicial Commission, and the Audit Board of the Republic of Indonesia (BPK).

Are there other institutions considered as state institutions, even though they are not directly mentioned in the 1945 Constitution?

Yes, other institutions are considered state institutions even though they are not explicitly mentioned in the 1945 Constitution. These institutions are formed based on laws, such as the General Election Commission (KPU), the National Commission on Human Rights (Komnas HAM), the Ombudsman Commission, the Indonesian Child Protection Commission (KPAI), among others.

What is the difference between institutions mentioned directly in the Constitution and other state institutions?

The key difference is that only the institutions directly mentioned in the 1945 Constitution have legal standing in cases of inter-institutional disputes, which can be submitted to the Constitutional Court. Institutions not mentioned in the Constitution do not have this legal standing in such cases.

Which court has the authority to adjudicate disputes between state institutions mentioned in the 1945 Constitution?

The Constitutional Court (Mahkamah Konstitusi) has the authority to adjudicate disputes between state institutions that are explicitly mentioned in the 1945 Constitution.

What does the Constitutional Court consider when adjudicating inter-institutional disputes?

The Constitutional Court considers whether the institutions involved in the dispute are mentioned in the 1945 Constitution, as only these institutions have the legal standing to bring such issues before the Court.

Can institutions not directly mentioned in the 1945 Constitution resolve disputes through the Constitutional Court?

No, institutions not directly mentioned in the 1945 Constitution do not have the legal standing to resolve disputes through the Constitutional Court. They must seek resolution through other courts or mechanisms.

What is the legal standing of institutions mentioned in the 1945 Constitution when it comes to inter-institutional disputes?

Institutions mentioned in the 1945 Constitution have legal standing to bring inter-institutional disputes before the Constitutional Court for resolution.

How are state institutions that are not mentioned in the 1945 Constitution treated in legal disputes?

State institutions not mentioned in the 1945 Constitution can still be involved in legal disputes, but these disputes must be handled by courts other than the Constitutional Court.

What role does the Constitutional Court play in resolving inter-institutional disputes in Indonesia?

The Constitutional Court is responsible for resolving disputes between state institutions that are directly named in the 1945 Constitution, ensuring that their legal interests are safeguarded according to the constitutional framework.

Can other types of institutions, such as the Ombudsman or KPAI, submit disputes to the Constitutional Court?

No, institutions like the Ombudsman or the Indonesian Child Protection Commission (KPAI), while they may be considered state institutions, cannot submit disputes to the Constitutional Court because they are not directly mentioned in the 1945 Constitution.