People still had many questions to be asked to the Constitutional Court concerning the protection of citizens constitutional rights. There was also an urge from the people to expand the Court s authorities. That was revealed by the Court s Chief Justice Moh. Mahfud MD as he opened Workshop on Constitutional Court Procedural Law with Government Staff of Yogyakarta Province, Mayors and Regents in Yogyakarta, Rectors and Deans of Law Faculty, Head of Courts, also people s figures in Yogyakarta, Tuesday (4/11), in Yogyakarta. Yogyakarta s Governor, Sri Sultan Hamengku Buwono X also attended the event.

There were three kinds of urges from the people to the Court. First, the people demanded that the Constitutional Court to be given authority to examine constitutional complaints. That means to examine problems when citizen s rights were violated without any other legal efforts available. As an example, some has been convicted through a Review but the verdict was proved to be false in its legal implementation; hence, if the person could come up with new evidence, the case could be reopened through constitutional complaint mechanism. Another example was that in the event of an existing regulation not violating the constitution but citizen s constitutional rights within the constitution, then this could be categorized as constitutional complaint case.

Second, constitutional question. Often someone was brought before a court with legal ground considered by the convict as violating constitution. For example, Amrozi cs. filing a judicial review on act regulating the death penalty execution which was considered unconstitutional. “In constitutional question, before continuing examination on the case, the involved judge send a question beforehand to the Constitutional Court,” explain Mahfud.

The third was the urge for the Constitutional Court to interpret the constitution flexibly by making interpretation outside the original intent (authentic interpretation based on the background behind the birth of the articles in the constitution). The Court was encouraged to give new atmosphere in Indonesian Constitution. “Of course all of it is tempting for us, constitution justices. Can we do it all?” wondered Mahfud.

In the same event, Sri Sultan revealed his worried about the increasing number of cases for examining violations on citizen s constitutional rights submitted to the Constitutional Court as the result of democratization built by the influence of capital tyrant. “I am worried about the many interests of investors by building perception through legislation product which may cause some loss to the people,” revealed Sultan.

Second, with the existence of Regional Election conducted independently, Sultan said that it was no longer easy for President to instruct Region Heads to follow his political decision he made. “With direct system on Regional Election as it is now, democracy actually grows. However, in government management system is it easier or more difficult?” asked Sultan.

Responding to that, Vice Chief Justice of the Court, Abdul Mukthie Fadjar explained that the Constitutional Court had decided on three Acts related to the investors, they were Act on Electricity. Act on Oil and Gas, and Act on Capital Investment. Continuing Mukthie Fadjar, a Constitution Justice, Maruarar Siahaan saw the problem concerning the capital tyranny was related to the change of paradigm between choosing free market economy or welfare economy. Maruarar considered that there had been a slide in which Indonesian officers were amazed by the globalization related to the liberal factors as if there were no other alternatives on economic development. “Actually, in overall, this is a matter of ideology,” explained Maruarar.

Closing the Workshop, Mahfud MD explained that substantially, in order to make legislation stay on track with the Pancasila values, there were four conditions to follow. First, laws in Indonesia should not contain things that might threaten integration. Second, laws in Indonesia should be built on democracy (based on majority rules). Third, the government should guarantee the building of social justice. Four, quoting ex-president Soekarno, it should be based on civilized religious tolerance. “if a law in substance is against one of the value mentioned, it must be against the constitution. We (the Court) will “cut” it out,” exclaimed Mahfud.

Meanwhile, related to the mechanism for direct President and Vice President election also Regional Election, this is related to the fourth sign in Pancasila concerning deliberation of representation in form of representative institutions like the People Deliberation Assembly, The House of Representatives, City Councils until Regional Parliaments. “The decision to choose direct system for Presidential election and Regional election was taken by the representative institutions and this was not against Pancasila,” explained the Professor in Law Politics. (Wiwik Budi Wasito)

Translated by Yogi Djatnika / MKRI