Article 1 Paragraph (2) of the Third Amendment to the 1945 Constitution reads âSovereignty shall be in the hand of the people and shall be exercised in accordance with the Constitutionâ. According to Prof. Dr. H.M. Laica Marzuki, S.H., the Deputy Chief Justice of the Constitutional Court in a live talk show broadcasted by Batu TV, a local TV station on 20.30-22.00 WIB from the front of Building II of the Widyagama University campus, in relation to the abovementioned article, the people holding the sovereignty must not violate the Constitution which means that they must comply with the 1945 Constitution.
âWhen Article 1 Paragraph (3) of the 1945 Constitution reaffirms that the state of Indonesia is a constitutional state, it means that the state of Indonesia is a democratic constitutional state,â Laica said.
On the same occasion, the Constitutional Justice Prof. H. Abdul Mukthie Fadjar, S.H., MS., gave similar explanation that the most appropriate and the strongest foundation for a sustainable democracy is a constitutional state founded on a strong constitution which is able to protect itself from threats coming from inside or outside the government.
Responding a question by one of the viewers, Mukthie explained that the only constitution which is capable of ensuing a sustainable democracy is a constitution providing detailed limitations of authorities and powers of the legislative, executive, and judicial bodies by applying the checks and balances and provide extensive guarantee of the citizens rights and human rights. (Luthfi Widagdo Eddyono)
Monday, June 18, 2007 | 11:12 WIB 339