HUKUM ACARA SENGKETA KEWENANGAN KONSTITUSIONAL ANTAR LEMBAGA NEGARA inggris
INTER-BRANCH DISPUTE
State Organs as
substance of the
Constitution
Separation of
Powers
Checks and
Balances
Inter-branch
Dispute
Supremacy of
the
Constitution
Objectum Litis:
Constitutional
Authority
Article 24C para (1) UUD 1945
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?
Subjectum Litis:
State Organs
that the
authority given
by the
Constitution
State Organs That have legal standing
(PMK 08/PMK/2006)
•
•
•
•
•
•
•
•
DPR
DPD
MPR
PRESIDEN
BPK
PEMERINTAHAN DAERAH
Other constitutional organ stated by UUD 1945
Supreme Court shall not conduct as party concerning
the juridical function.
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
PROCEDURE
7 days shall be
revised
Applicant
Not Accepted
Hard Copy and Softcopy
Clerk
Notification/call
Administrative cheks
Accepted
7 days submit to
the defendant
Register on BRPK
Announcement
14 days
Schedule of 1st hearing
Hearing
Preliminary Hearing
•
•
•
•
•
Petition Requirement Examination
Oral explanation of the substance of Petition
Judges give advices
Hear the defendant concerning interim decision.
Check the Evidences.
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.
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.
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.
State Organs as
substance of the
Constitution
Separation of
Powers
Checks and
Balances
Inter-branch
Dispute
Supremacy of
the
Constitution
Objectum Litis:
Constitutional
Authority
Article 24C para (1) UUD 1945
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?
Subjectum Litis:
State Organs
that the
authority given
by the
Constitution
State Organs That have legal standing
(PMK 08/PMK/2006)
•
•
•
•
•
•
•
•
DPR
DPD
MPR
PRESIDEN
BPK
PEMERINTAHAN DAERAH
Other constitutional organ stated by UUD 1945
Supreme Court shall not conduct as party concerning
the juridical function.
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
PROCEDURE
7 days shall be
revised
Applicant
Not Accepted
Hard Copy and Softcopy
Clerk
Notification/call
Administrative cheks
Accepted
7 days submit to
the defendant
Register on BRPK
Announcement
14 days
Schedule of 1st hearing
Hearing
Preliminary Hearing
•
•
•
•
•
Petition Requirement Examination
Oral explanation of the substance of Petition
Judges give advices
Hear the defendant concerning interim decision.
Check the Evidences.
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.
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.
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.