Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Regulation of Opposed Parties in a Conflict of Authority between State Institutions and the Constitutional Court Of Indonesia

Author(s): Kosariza Nuer, Yuliandri, Firman Hasan, Suharizal

Indonesia is a rule of law country as stipulated in Article 1 paragraph 3 of the 1945 Constitution. This article also prescribes that the Unitary State of the Republic of Indonesia is a rule of law country based on Pancasila to achieve an organized society and a clean, prosperous and just state. The main principle of the rule of law is the existence of legislative principles, free regulations and protection of human rights. This means that the actions of state administrators must be based on law. To help promote the rule of law and democracy in Indonesia after decades of authoritarian regimes, a constitutional court was created on August 16, 2003. However, as one of the state highest institutions and a second holder of the judicial power granted by the 1945 Constitution of the Republic of Indonesia, the Constitutional Court sometimes faces conflicts of authority with other state institutions. This paper discusses the nature of these conflicts of authority.

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