Might Blow a Whistle If Only There Were Act Violation

JAKARTA – Until now, the Constitutional Court (Mahkamah Konstitusi (MK)) only guide Acts passively. MK will review an Act which considered to violate the constitution if there were a complaint from citizens. The complaint could only be filed by a group or person who felt his right as citizens had been violated.


"By the revision in MK Act, we want MK,next, to be proactive. So, if there is a norm in an Act which considered to violate the constitution, MK may blow a whistle," Vice President of Legislation Body (Badan Legislasi (Baleg)) Ferry Mursydan stated in Jakarta, yesterday (5/18)


Nowadays, Act No 24/2003 about MK, indeed, would be revised soon. tentang So far, the revision draft had been given to Government. If the problem inventory list made by Government had been finished, the discussion about it would start soon. 

One of the matters was to make MK to be more pro-active. "Indeed, in early setting, MK is active,” he said.


Meanwhile, the judicial review petition could be a part to complete potency of finding a matter of Act which considered to violate the Constitution. "If MK always wait for the petition, what if there were no petition, the republic would be crushed," the legislator from Functional Group Fraction stated.


Inspite of making MK more pro-active, the duty and limit of MK s authority would be clarified, For example, MK was forbidden to make a verdict which was ultrapetita or a verdict which was not asked by the Petitioner. 

MK also might not make a verdict which stated that an Act was considered to violate another Act. "It is all for MK s reinforcement itself,”Ferry said. (pri/mk)

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Translator : Kencana Suluh Hikmah

Monday, May 19, 2008 | 13:29 WIB 254