In making its decision, the Constitutional Court (the Court) had difference references with other courts. That was delivered by the Chief Justice of the Court, Moh. Mahfud MD, Monday (12/1), at the Court s Building in front of his audiences, the students of Postgraduate Program in Law Faculty of Diponegoro University. “according to the legislation, the Court decides based on the 1945 Constitution, according to the evidences and the justices beliefs," mentioned Mahfud. 

Mahfud stated that the 1945 Constitution established the Court with its main function to guard the constitution and enforce democracy. Therefore, in deciding on the coming cases, the Court did not only refer to the Acts, but also the meaning of democracy according to the constitution. “First, we are holding on the original intent. What was the meaning behind an article in the Constitution when it was designed. Then, there lies the substance," cleared Mahfud.

About the Court s decisions which were often considered as controversial, moreover with its final nature, Mahfud stated that his side did not mind that. All the Court s decisions had their pros and cons, but the justices were not affected by that. “The praises do not put us to sleep. Critics do not tremble us either. Related to the decisions which were final, they are related with the state s agenda. If there is such continuing process, like cassation, of course it would be an obstacle, because of that the Court s decision should be final," ended Mahfud. (Kencana Suluh Hikmah)

Photo: Doc. of CCRI PR/Kencana SH

Translated by Yogi Djatnika / CCRI