An Institutionalization of the State Commisions as a State Institutions on the Basis of the 1945 Constitution of the Republic of Indonesia

Lukman Hakim, Agus Sudaryanto


The institutionalize of the state commissions as ‘lembaga negara’ (the institutional state) is based on UUD 1945. By using the institutionalize of the commission on the state theory, it is found that the term, terminology, and interpretation toward state organization in the institutionalize state is an absolute requirement to have an institutionalize of the state commisions. Based on the Doctrine (The Law Experts Theory) and UUD 1945, such standard cannot be found for being a reference of the institution state arrangement. In the practice of Republic Indonesia constitution, the process of the institutionalize state of the state commissions is done by using unstandardized terminology either from its authority source or its institution's function. Therefore, this research analysis has found that the standard terminology to classified the organization, the institution, and the state commission is the main reference in the institution state arrangements.Recommendation: The main problem in the institutionalize of the state commissions  is that there is no 'meaning' reference in the state operational. Therefore, the recommendation of this research, according to the researcher, is that it becomes a main obligation for the government to keep 'meaning' in the state operational.

Keywords: state organ, the state commission, the institutional state, ‘lembaga negara’.

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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