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INTER-BRANCH DISPUTE. State Organs as substance of the Constitution Separation of Powers Checks and Balances Inter-branch Dispute Supremacy of the Constitution.

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Presentation on theme: "INTER-BRANCH DISPUTE. State Organs as substance of the Constitution Separation of Powers Checks and Balances Inter-branch Dispute Supremacy of the Constitution."— Presentation transcript:

1 INTER-BRANCH DISPUTE

2 State Organs as substance of the Constitution Separation of Powers Checks and Balances Inter-branch Dispute Supremacy of the Constitution

3 Objectum Litis: Constitutional Authority Subjectum Litis: State Organs that the authority given by the Constitution 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? 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? Article 24C para (1) UUD 1945

4 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. 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.

5 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 State Organ Identity as Applicant Identity of the State Organs as defendant. Explanation: – The disputed Authority – The Interest of the Applicant (Posita) – Petitum

6 PROCEDURE Applicant Clerk Administrative cheks Accepted Not Accepted Hard Copy and Softcopy 7 days shall be revised Register on BRPK Schedule of 1 st hearing 14 days Notification/call Announcement Hearing 7 days submit to the defendant

7 Preliminary Hearing Petition Requirement Examination Oral explanation of the substance of Petition Judges give advices Hear the defendant concerning interim decision. Check the Evidences. Petition Requirement Examination Oral explanation of the substance of Petition Judges give advices Hear the defendant concerning interim decision. Check the Evidences.

8 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. Hear the substance of the petition Hear information from the defendant. Evidences examination. Hear information from concerned parties. Hear information from experts and witnesses.

9 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. 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.

10 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. 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.


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