CONSTITUTIONAL COURT CHIEF JUSTICE: INDEPENDENCE OF JUDICIARY CONSTITUTES A KEY PILLAR OF DEMOCRACY
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The freedom or independence of legal institution constitutes the main pillar of democracy. There is no democratic country without the existence of legal authority. A democracy relying on majority power calls for a constitutional judicature (constitutional justice) in order to function in accordance with the principles of justice and truth.

 

This was conveyed by the Constitutional Court Chief Justice, Jimly Asshiddiqie, when opening the Workshop and Seminar on the Law of Procedures of the Constitutional Court for PPP functionary and cadre in (31/8). The program was organized with cooperation between the Secretariat General and Registrar's Office of the Constitutional Court and the Central Executive Board of the United Development Party (DPP PPP).

 

Furthermore, according to Jimly, the democratic principle based on quantity has caused every decision to be determined by the party having more votes, while in fact, such decision does not necessarily represent the interests of all the people or is in accordance with the principles of truth and justice. “Therefore, the constitutional court is established to review whether or not such decisions are in conformity with the consensus of all the people,” he said.

 

On the occasion, the Constitutional Court Chief Justice also explained that the amendment to the 1945 Constitution made by the People's Consultative Assembly (MPR) has brought about impacts on the Indonesian state structure system. Before the amendment, the highest power in the Indonesian government structure was based on the MPR supremacy, while after the amendment; the highest power is based on the supremacy of the constitution, namely the 1945 Constitution. Such amendment has also confirmed Indonesia as a constitutional state. The Constitutional Court as a post-reform state institution serves the function as the guardian of the constitution and guardian of democracy.

 

Previously in his speech, the General Chairman of the Central Executive Board the United Development Party (DPP PPP), Suryadharma Ali conveyed that the decisions of the Constitutional Court MK had to be able to be used as instruments of social engineering. According to Suryadharma who is also the Minister for Cooperatives and Small Scale and Medium Scale Enterprise, such decisions do not need to become the subject matter for protracted and exhausting debates. “If a decision is related to the existence of political parties, just consider the matter as an input for introspection as to whether or not parties have so far properly served their functions,” he stated.

 

Aside from PPP cadre and functionary from throughout Indonesia, the opening program of the Workshop and Seminar was also attended by PPP leaders such as the Chairman of PPP faction with the DPR RI, Lukman Hakim Syaifudin, Aisyah Amini and Andi M. Ghalib. [ardli]


Tuesday, September 11, 2007 | 12:35 WIB 243
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