STUDYING THE EFFECTIVENESS OF CONSTITUTIONAL COURT AUTHORITY IN TRIALING THE ACTS
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The big family of Law Faculty students, Muhammadiyah University Jakarta (FH UMJ) visited the Constitutional Court (MK) building, Monday (4/7). The visit escorted by the Dean of FH UMJ, Pathorang Halim, was welcomed by Constitutional Justice, H.A.S. Natabaya and the Head of Public Relation and Protocol Bureau, Zainal Arifin Hoessein.

In the visit, one of the students asked about the effectiveness of  Constitutional Court authority in trialing the Acts towards the 1945 Constitution. “Remembering that the making of an Act involves 550 members of Lawmaker and the President, whereas the Constitutional Court as the examiner of the Act only consists of 9 Constitutional Justices, how can the Constitutional Court have an authority to trial the Act?”, the student wondered.

Responding the question, Natabaya explained that the reliability of an Act did not depended on how many people made it, but it depended on how appropriate the Act to the Constitution. “So, although the Act was made by hundreds members of the Lawmaker jointed with the President, if it is proven to violate the 1945 Constitution, it should be annulled”, Natabaya said.

In practicing its function as “The Guardian of the Constitution”, Natabaya added, the Constitutional Court could be considered as negative legislator. It was done to keep all Indonesian Acts appropriate to the 1945 Constitution. “So that, the Constitutional Court has an authority to annul the Act which is considered to violate the 1945 Constitution,” Natabaya said. [Kencana Suluh Hikmah]


Monday, April 07, 2008 | 18:18 WIB 321