KEDUDUKAN KOMISI NEGARA INDEPENDEN DALAM STRUKTUR KETATANEGARAAN REPUBLIK INDONESIA

GUNAWAN A. TAUDA

Abstract


This study discussed the theoretical construction of independent agencies in 1. constitutional structure ofRepublic ofIndonesia. By using various theories created by some classical and contemporary theorists in term ofindependent agencies, and limitation ofpowers themes, as it has been implemented in constitutional law practice and revised in theoretical perspective, the result ofthis study showed independent agencies are a different branch of government, compare to the conception of Montesquieu strias politica. Indonesian constitutional law practice attractsfact about an existence of a different branch of government, where it is referred to as the independent agencies. As a new type ofseparation ofpower, theoretical construction of independent agencies could be referred to as "The New Separation ofPower. " The result of this study also showed the existance of independent agencies in constitutional structure ofRepublic ofIndonesia is still be placed under primary state agencies, and considered as auxiliary state agencies.

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