Constitutional justice M. Alim, while giving a short lecture to Civics Education Teachers Working Group (MGMP) of Subang Regency who visited The Court at Thursday afternoon (3/3).
Jakarta, MKOnline – Constitutional justice, M. Alim, stated that Indonesia was a welfare state, according to Moh. Hatta, it’s called as state board. As a welfare state, it’s in line with a sentence at the fourth paragraph on the opening of 1945 Constitution, which was “To promote general welfare…..” and etc.
As a welfare state, Alim said, it was based on economic condititon in Europe at the 18th century. After the French Revolution, people had a strong motivation for their countries not to interfere much in the economic and social sectors. The country was supposed to be acted while there was a security problem, or well known as night watchman state.
In the end, Europe at that moment started to push the countries, in this case governments, to participate actively to all sectors in the society. The government also must regulate the provisions which related to public interest, for example setting work requirements that guarantee human rights such as leave right, recess hour, descent salary, pension right etc.
For this purpose, government must control the sector of education, youth, sports, economic, health, environment, art, culture etc as well as the sector of defense and safety. That is why the duty of government became complicated. “That is the characteristic of welfare state that also known as modern law state,” said Alim.
In the other hand, Alim said that in Islam, a leader in one community was also known as a servant for the community, so it could be said that in Madinah, where Islamic law applied, the leader also the servant for all Madinah community, meant that Madinah was also a welfare state.
Furthermore, Alim also explained more about the definition of republic country, democratic country and law country, the meaning of democracy and nomocracy, the authority and obligation of The Court. As is well known, The Court's authority were to verified any act to the basic constitution, to decide any disputes of state institutions whose authorities are granted by the Constitution, to decide upon the dissolution of political parties and to decide on disputes concerning election results.
“The obligation of The Court is to give a decision toward the opinion of House of Representatives member about any alleged violation done by the president or vice president according to basic constitution,” said Alim. He also added that it was in line with Article No. 10 Paragraph No. 2 Act No. 24 about Constitutional Court. (Nano Tresna A./mh/Olfiziana)
Friday, March 04, 2011 | 10:21 WIB 207