Constitutional Justice, M. Akil Mochtar when giving material around democracy and its relation with the authorities of the Court to 200 students of Bandar Lampung University visited The Court, Monday (28/2)
Jakarta, MKOnline - Students of Bandar Lampung University visited the Constitutional Court (The Court), Monday (28/2). During the visit, Constitutional Justice M. Akil Mochtar gave a lecture on law, democracy and their relation with the authorities of The Court.
Akil Mochtar, in front of 200 students said that a constitutional country had to be a democratic country. Therefore, a leader of a democratic country was not a person but a system. As the result, someone who became a leader could not use his power to seek for personal advantages.
In the past, according to Akil, someone could use law to seek for power. But now, Indonesia as a state of law, had to be according to the democratic constitutional.
It meant that a country had to move on based on democracy on the basis of law as the highest and had the paramount intention. Therefore, democracy based on constitutional law was called constitutional democracy.
Further, Akil said that a modern democracy was a democracy based on constitution and on law. Without law, democracy could lead to a wrong direction because later the law would just be interpreted unilaterally by the authorities in the name of democracy. “So, a democratic country is a country based on law. And a lawful country is a democratic country. Therefore, it is called a constitutional democracy.” as Akil explained about a constitutional democracy.
Akil also explained that the concept of constitutional democracy had developed nowadays. The law used as the ground for democracy then had a requirement, that was had to be mutually agreed. Thus, democracy and law in a constitutional democratic country were like two sides of a coin. Akil pointed out that a lawful country had to be democratic and a democratic country had to be based on law. “Like two sides of a coin, a lawful country has to be democratic and a democratic country had to be based on law,” emphasized Akil.
As a democratic country, Indonesia also needed to have an acknowledgement on differences. That was a common thing to do in other democratic countries. In other words, a democratic country should give a concern on the constitutional rights of the citizens including the minorities. Because citizens’ constitutional rights were guaranteed by the Constitution.
The existence of The Court through its authorities could “fight for” the violated constitutional rights. “Inside the act, it is arranged whoever could review an act to The Court. The one who could review is customary law people, legal entities, state bodies, even individuals. Even if it is only one person who makes a review, the result binds all the citizens. Because the decision of The Court is erga omnes in nature, it applies to all,” ended Akil. (Yusti Nurul Agustin/mh/YDJ)
Wednesday, March 02, 2011 | 15:42 WIB 206