JAKARTA (Suara Karya): All elements of citizens ordered not to be allergic about the change of the constitution. Because, the constitution or a resultante could be changed by a new resultante through the amendment of the constitution.

"So that, the substance of the Constitution, do not have to follow a doctrine nor theory nor a state system run in a country. “State law is anything stated in the constitution of a country”, Moh Mahfud MD stated in Jakarta, Monday.
 
Mahfud gave an example, the Constitutional Court is a result of a new resultante on 1945 Constitution. “The Constitutional Court was born based on third amendment of 1945 Constitution,” he mentioned. He also said that the constitution was a resultante, a result of citizens agreement, which was created according to political, economic, social, and cultural conditions when its made.
 
On that chance, Mahfud questioned the unclearity of the arrangement on transfer of authority from the Supreme Court to the Constitutional Court on solving the regional election dispute. Mahfud confessed that he felt confuse, because Article 106 Act No. 32/2004 was not touched by the Act makers. However, the Article was base of the Supreme Court to solve the disputes of the regional election.

"If the disputes will be replaced to the Constitutional Court, there should be an Article which stated that Article 106 is not valid anymore, and it will be replaced by another arrangement. But, it is not stated on the Act," Mahfud explained.

So that, Mahfud advised, the Constitutional Court, the Supreme Court, and the Lawmakers should hold a meeting to discuss it.

Mahfud mentioned, with transfer of authority from the Supreme Court to the Constitutional Court on solving the regional election dispute, the duty of the Constitutional Court would be more and the duty of the Supreme Court would be less. But, he was ready to do the duty. "In Indonesia there are 349 regencies, 91 cities, and 33 provinces. If ten percents of their regional election leave disputes, the duty of the Constitutional Court will be much enough," .

Until now, the transfer of authority from the Supreme Court to the Constitutional Court on solving the regional election dispute was debated, actually. Revision of Act No 32/2004 only mentioned that the transfer should be held maximally 18 months after the revision legalized.

The revision of UU No 32/2004 also did not state whether the arrangement about the transfer of authority would be stated in an Act or in a Government regulation. It also did not mentioned what the basic arrangement of the transfer of authority and when is the perfect time to do the transfer.

"The Constitutional Court was only informed that the transfer of the authority will be held maximally 18 months after the legalization of the Act. But we do not know when the fastest time the transfer possibly held. If the Supreme Court wants the Constitutional Court to start to takeover the disputes which has not been reported to the Supreme Court this year, however the Constitutional Court can not takeover it since the arrangement has not been clear,” Mahfud stated. (Wilmar P)

Source www.suarakarya-online.com
Photo www.google.co.id
Translated by Kencana Suluh Hikmah (MKRI)