Penyelesaian Sengketa Kewenangan Konstitusional Antar Lembaga Negara dalam Kerangka Negara Hukum yang Demokratis (Telaah Kritis Terhadap Kewenangan Mahkamah Konstitusi RI)

Abstract

Nowadays, the Indonesian constitutional system have a fundamental and important changes. This is the result of 1945 constitutional amandement which was done by the People's Consultative Assembly (MPR) from 1999 to 2002. This study used normatif yuridis research method, which have not only aim to descript signs or law phenomenas related to the certainty of Constitutional Court authorithy, but also to analysis them and then descript it systematicly. The study revealed, first, the position and relation between state institution in constitutional system post-1945 Constitutional Amandement was state institution based on fundamental constitutional system, their build upon Acts and Presidential Decrite whereas they have functional, monitoring, settelement of disputes, reporting and accountability relationship; second, philosophically, the basic idea of Constitutional Court is to create Indonesian constitutional system adhering separation power functionaly and implementing check and balances to replace the use of distribution of power principle gradually and integralism concept of high government institution. There was a lot of diversion in the past, one of it caused by the absence of check and balance in constitutional system. People's Consultative Assembly (MPR) supremacy and executive power domination in politic practice in the past had obstruct the development of healthy democration. The lack of control mechanism between branches of state power lead to the government is run by totalitarian practice and foster the abuse of power practices. Constitutional Court formation believed to accommodate constitutional rights of society, nation and state of political practices and abuse of power that give rise to dictatorship. The establishment of the Constitutional Court is a constitutional mandate of Article 24 paragraph (2) and Article 24C of the 1945 Amendment. The main reason for the MPR to amend Article 24 UUD 1945 (original text) about the power of the judiciary because it is the executor of truth and justice. While the norms of truth and justice contained in Article 24 UUD 1945 makes no warranties and cause multiple interpretations for the truth and justice seeker, precisely the norms were found in the Explanation of the 1945 constitutional so that the constitutional practice of judicial power is held by the Supreme Court and the courts below were many intervened by other powers. Furthermore based on Constitution (UUD 1945 amandement), institutions that can disputed in the Constitutional Court there are 12 state institutions, namely: People's Consultative Assembly, President, Provincial Government, District Government and Municipal, Provincial, District and City, House of Representatives, District Parliament, Regional Council, Election Commission, CPC, National Army and the Police Republic of Indonesia.