Authority Dispute Between State Institutions Whose Authorities from Regulations Below the 1945 Constitution

Abstract

The dispute over authority between state institutions whose authorities are based on regulations under the 1945 Constitution cannot be resolved through a decision (beschikking), considering that matters involving overlapping authority that has been included in the regulations (regelling) and will remain in effect unless one of the matters has been annulled. This research aims to elaborate the pattern of power restriction on state institutions and find out the resolution of authority disputes between state institutions whose authority is based on regulations under the 1945 Constitution. This research is a legal argumentation using a normative research approach. The results of the research show that each state institution obtains authority by attribution, which originates from the 1945 Constitution or from regulations under the 1945 Constitution. The annulment of material containing authority that is sourced from the regulations under the 1945 Constitution can only be carried out through a material test (judicial review) by the judiciary, namely the Supreme Court.

The Criminal Law Policy on the General Election System in Indonesia

“…When election violations occur, it can damage the legitimacy of the results and trigger a series of complex consequences. The impact of election violations on legitimacy is reflected in the increased legal demands and disputes over the results (Saifulloh & Riska Answendy, 2023). Voters or candidates who feel aggrieved tend to file lawsuits to question the validity of the electoral process (Klein, 2017).…”