Constitutional Court Justices M. Akil Mochtar and Hamdan Zoelva became the resource persons in the meeting with Indonesian Community in the Netherlands (29/9)
Den Haag, MKOnline – In a series of visits to Europe, Constitutional Court Justices M. Akil Mochtar and Hamdam Zoelva held a meeting/discussion with the representatives of Indonesian community in the Netherlands on September 29, 2010 in the hall of the Embassy of the Republic of Indonesia (KBRI) in Den Haag. The program attended by tens of audience from various elements including students, community figures, and KBRI staff was officially opened by the Ambassador of the Republic of Indonesia for the Netherlands, Mr. J.E. Habibie.
The meeting with the community was considered important as the effort to give a better understanding and first-hand information on the details of the Constitutional Court (The Court) which is relatively new in Indonesia. In addition, the program was also aimed at maintaining a good relationship (silaturahmi) and sharing of opinions between The Court and the Indonesian community with the expectation of obtaining inputs for the improvement of The Court in the future.
In his opening speech, Ambassador Habibie conveyed among others that the duties performed by the nine constitutional justices are extremely important and not easy. Considering that The Court is a relatively new high state institution while it plays great roles in Indonesian state administrative process, the measure of the Constitutional Court Justices to actively give an understanding among the community of the activities is considered proper. It is also expected by the Ambassador that the information received from this discussion could be disseminated so as to reach various segments of Indonesian community in the Netherlands.
On this occasion, Mr. M. Akil Mochtar gave a presentation on The Court and its roles in the implementation and holding of Pemilukada, namely that, among other things, the aim of the establishment of it is to support legal certainty because it is the system (laws) and state institutions which are adjudicated. The main task of The Court is to guarantee the function of the democratic system in relation to the balanced roles or interplay between the branches of legislative, executive and legislative power. This is performed for the purpose of preventing the utilization of power by one branch power among the legislative, the executive and the judicial institutions. The Court also has authority to review laws against the Constitution, to hear disputes over the authorities among state institutions, as well as to decide upon disputes over the results of (national and regional) general elections. One of the reasons for the pemilukada being also handled by The Court is to avoid protracted settlement due to the final and binding decision of The Court.
Meanwhile, the substance of the description of Mr. Hamdan Zoelva on the impeachment of the President of the Republic of Indonesia is that MK can only hear people in the case of impeachment of the President and/or vice President upon the request of the DPR. The Court has authority to hold special adjudication for the President and/or Vice President; In the event that the President and/or Vice President is evidenced to have violated the constitution, The Court shall grant such impeachment and the results shall be submitted to the People’s Consultative Assembly for the revocation of the mandate of the President and/or Vice President. However, it would be very hard and almost impossible for the impeachment for meeting the requirements of the impeachment procedures. This is aimed, among other things, to avoid frequent succession of the national leader.
In the question and answer session, the nature of The Court as the negative legislator, the Law on mandatory education, and the process of submission of complaints to The Court which currently can be made through video conference.*
(Hani Adhani/Ist)
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Monday, October 04, 2010 | 11:42 WIB 447