HUKUM ACARA SENGKETA KEWENANGAN KONSTITUSIONAL ANTAR LEMBAGA NEGARA inggris

(1)

(2)

State Organs as

substance of the

Constitution

State Organs as

substance of the

Constitution

Separation of

Powers

Separation of

Powers

Checks and

Balances

Checks and

Balances

Inter-branch Dispute

Supremacy of the

Constitution

Supremacy of the

(3)

Objectum Litis: Constitutional

Authority

Subjectum Litis: State Organs

that the authority given

by the Constitution

1. Parliament Act Organs? 2. State Organs that not

clearly regulated by the Constitution?

3. Legal standing of the

state organs that subordinate to the other state organ?

1. Parliament Act Organs? 2. State Organs that not

clearly regulated by the Constitution?

3. Legal standing of the

state organs that subordinate to the other state organ?

(4)

State Organs That have legal standing

(PMK 08/PMK/2006)

State Organs That have legal standing

(PMK 08/PMK/2006)

• _{PEMERINTAHAN DAERAH}

• _{Other constitutional organ stated by UUD 1945}

• _{Supreme Court shall not conduct as party concerning}

the juridical function.

• _DPR • _DPD • _MPR

• _PRESIDEN

• _BPK

• _{PEMERINTAHAN DAERAH}

• _{Other constitutional organ stated by UUD 1945}

• _{Supreme Court shall not conduct as party concerning}

(5)

Substance of the Petition

• _{State Organ Identity as Applicant}

• _{Identity of the State Organs as defendant.}

• _Explanation:

–

The disputed Authority

–

_{The Interest of the Applicant (Posita)}

–

Petitum

• _{State Organ Identity as Applicant}

• _{Identity of the State Organs as defendant.}

• _Explanation:

–

The disputed Authority

(6)

PROCEDURE

Applicant

Clerk

Administrative cheks

Accepted

Not Accepted

Hard Copy and Softcopy 7 days shall be revised

Register on BRPK

Schedule of 1

st

hearing

(7)

Preliminary Hearing

• _{Petition Requirement Examination}

• _{Oral explanation of the substance of Petition}

• _{Judges give advices}

• _{Hear the defendant concerning interim decision.}

• _{Check the Evidences.}

• _{Petition Requirement Examination}

• _{Oral explanation of the substance of Petition}

• _{Judges give advices}

(8)

EXAMINATION HEARING

• _{Hear the substance of the petition}

• _{Hear information from the defendant.}

• _{Evidences examination.}

• _{Hear information from concerned parties.}

• _{Hear information from experts and}

witnesses.

• _{Hear the substance of the petition}

• _{Hear information from the defendant.}

• _{Evidences examination.}

• _{Hear information from concerned parties.}

• _{Hear information from experts and}

(9)

Cases Withdrawal

• _{In all phases of hearing.}

• _{Written Submitted to the court}

• _{If submitted after preliminary hearing, the court}

shall hear the opinion of the defendant.

• _{The withdrawal case shall not submit again to the}

court except:

–

_{The substance need constitutional resolution.}

–

_{There are no other forums to resolve.}

–

_{There are public interests for legal certainty.}

• _{In all phases of hearing.}

• _{Written Submitted to the court}

• _{If submitted after preliminary hearing, the court}

shall hear the opinion of the defendant.

• _{The withdrawal case shall not submit again to the}

court except:

–

_{The substance need constitutional resolution.}

–

_{There are no other forums to resolve.}

(10)

DECISIONS

• _{Interim Decision}

– _{Decided based on application of the applicant or by the}

initiative of the court.

– _{The substance is order to halt or freeze the action of the}

disputed authority.

– _{Granted if:}

• _{There are urgent public interests and if the main}

substance granted there will be serious legal implication.

• _{The disputed authority is not the enforcement of the}

court decision.

• _{Final Decision}

– _{Final and Binding}

– _{Not Accepted, Granted, Denied.}

• _{Interim Decision}

– _{Decided based on application of the applicant or by the}

initiative of the court.

– _{The substance is order to halt or freeze the action of the} disputed authority.

– Granted if:

• _{There are urgent public interests and if the main} substance granted there will be serious legal

implication.

• _{The disputed authority is not the enforcement of the}

court decision.

• _{Final Decision}

– _{Final and Binding}