Kedudukan Hukum Komisi Negara Independen Dalam Penyelesaian Sengketa Kewenangan Lembaga Negara Oleh Mahkamah Konstitusi

Abstract

The Constitutional Court, based on the authority mandated by the constitution, especially in deciding disputes over the authority of state institutions, plays a role in enforcing the application of the principle of checks and balances in Indonesia. After the Amendment to the Constitution of the Republic of Indonesia, various Independent State Commissions emerged that have strategic roles in the development of the democratic system in Indonesia. These independent state commissions often have multiple functions, where one independent institution can hold three or three functions at once, namely executive functions, legislative functions, and judicial functions. The breadth of the functions of independent state commissions will make them vulnerable to ultra vires actions which can then become one of the causes of authority disputes that occur between state institutions. This study aims to examine the existence of the Independent State Commission in Indonesia and to examine the legal standing of the Independent State Commission in the settlement of financial disputes by state institutions by the Constitutional Court. an institution that can be categorized as an independent state commission is an institution whose legal basis for its formation is expressly stated its independent nature, the dismissal and appointment of members has a special mechanism, the leadership is collegial, and the leadership has a definitive term of office. The attributional authority of the Constitutional Court in deciding disputes over the authority of state institutions by the Constitutional Court has limitations that are implemented consistently in each of its decisions. This limitation is given to reinforce the basic function of the Constitutional Court as guardian of the constitution. This limitation has implications for the absence of instruments for resolving disputes over authority between the various Independent Commissions in dispute.