Dispute Resolution of State Auxiliary Institutions in Indonesia: Comparative Study in Several Countries

Abstract

Common problems faced by countries that form state auxiliary institutions, including Indonesia are accountability mechanisms, positions in the state administration structure and patterns of working relationships. The research is normative legal research. The results show that the dispute resolution for state auxiliary institutions is an authority of the Constitutional Court as long as it obtains their authority in a delegative manner and not hierarchical, although the constitution confirms that the authority of the Constitutional Court is to decide disputes over the authority of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. However, for state auxiliary institutions whose establishment is a delegation through a law, it can be interpreted that these state institutions can become parties in dispute resolution at the Constitutional Court. It is necessary to establish a law in order to eliminate the legal void related to dispute resolution of state auxiliary institutions whose establishment is through a law.

Keywords: Administrative Law; Constitutional Law; Dispute Resolution; State Auxiliary

DOI: 10.7176/JLPG/134-07

Publication date:July 31^st 2023