| Summary: | This research studies theoretical construction of independent agencies in
constitutional structure of Republic of Indonesia, and aims at researching and
positioning its theoretical construction, characteristics, and also the forms of its checks
and balance s towards the original three branches.
This normative legal research combines perspectives of conceptual approach, as
well as statutory, comparative, and historical ones, in which the implementation
conducted accordingly by need.
By using the various theories created by some classical and contemporary
theorists in term of independent agencies, and limitation of powers themes, as it has
been implemented in constitutional law practice and revised in theoretical perspective,
the result of this study shows independent agencies are a different branch of
government, compare to the conception of Montesquieu�s trias politica. Indonesian
constitutional law practice attracts fact about an existence of a different branch of
government, where it is referred to as the independent agencies. As a new type of
separation of power, theoretical construction of independent agencies could be referred
to as \"The New Separation of Power.\"
The result of this study also shows independent agencies existance in
constitutional structure of Republic of Indonesia is still be placed under primary state
agencies, and considered as auxiliary state agencies .[]
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