Constitutional Justice Ahmad Fadlil Sumadi welcomed the visit from Semarang City Election Commission and several Civics Education teachers on Monday (28/2) at 11th Floor of The Constitutional Court Building.
Jakarta, MKOnline-Suspicions and prejudice on the performance of The Constitutional Court (The Court) up to the corruption allegation inside The Court some time ago, had to be considered as a part of democratic process in Indonesia.
“That is democracy when people have a right to supervise The Court. So, if there is an allegation of corruption in The Court for example, just report it to the Anti-Corruption Commission (KPK) and the Police,” said Constitutional Justice Ahmad Fadlil Sumadi as he answered a question from a member of Semarang City Election Commission during their visit at The Court, Monday (28/2) afternoon.
Therefore, The Court suggested that a team to handle the allegation of corruption at The Court had to be formed, they would work to explore and to dig up more on the matter more thoroughly, whether the criminal violation or the ethics one. “The criminal violation is not the role of The Court to deal with. Thus, The Court handed over the entire treatment to the case to the Corruption Eradication Commission (KPK).” Explained Fadlil to the participants from Semarang Election Commission.
However, if the violation was on ethics, that would be the domain of The Court. That was why, on the allegation The Court formed a Panel of Ethics which then recommended that a Justice Board of Honor to be made.
Further, Fadlil also responded to the question from a member of the Commission concerning the gap between written laws within the book and law in practice which became the values among the people.
“The gap has to be reduced so that (the two sides) are not so far apart. The way to overcome this is, for example, by establishing a court. If there are things which are harmful, they can be fixed. A Court has to restore the rights within the law, so that there is no gap,” explained Fadlil.
In that opportunity, Fadlil also explained about the meaning of “Indonesia is a democratic lawful country” which was bound to one aspect that was the people. That could be seen from the relationship between the state and its people, the state and its citizens. In the past, according to the perspective of Weber or Austin theory, the relationship between the state and the people was based on the status.
“It is different now, to fill a position do not have to be based on someone’s status. In the implementation level, everyone can be a mayor, a governor, or whatsoever.” Revealed Fadlil.
Besides that, Fadlil also explained about The Court’s authorities that were to review an Act against the 1945 Constitution, to settle dispute over state body’s authorities, to settle the dissolution of political parties, to decide on the election result disputes, also The Court’s obligation to decide on the Parliament’s opinion whether or not the President and/or Vice President had been suspected to conduct a law violation in form of treachery on the state, corruption, bribery or other serious crimes. (Nano Tresna A./mh/YDJ)
Monday, February 28, 2011 | 14:42 WIB 391