Constitutional Justice Ahmad Fadlil Sumadi accompanied by Joko, a lecturer of Civics Education of Institute of Teaching and Education Sciences (IKIP) Veteran Semarang during their visit at the Court on Wednesday (9/3) afternoon.
Jakarta, MKOnline - If there was a dispute between the President and Citizens, that was not the authority of the Constitutional Court (The Court) to decide. Such dispute was commonly a dispute concerning legislation products under the Constitution. For example, a land of the citizen was taken away by the state; it was not related to the problem of constitutionality.
“What most likely becomes a constitutional matter is a dispute between the President and other state institutions. For example, the Regional Councils (DPD) once made a claim to The Court because the House of Representatives and the President had announced members of the Supreme Auditors (BPK) without their involvement,” explained Constitutional Justice Ahmad Fadlil Sumadi answering a question from a student of Institute of Teaching and Education Sciences (IKIP) Veteran Semarang when they visited The Court, Wednesday (9/3) afternoon.
In that opportunity, another student asked about the importance of having the Fifth Amendment to the 1945 Constitution in Indonesian recent condition. Responding to that, Fadlil said that an amendment was carried out by the constructor of the constitution.
“State institution whose function is to make, to change, to announce the constitution is the People’s Consultative Assembly (MPR). Meanwhile a state institution whose function is to interpret the constitution is The Constitutional Court. It is similar with the fact that the President makes an Act, meanwhile the Supreme Court adjudged the disputes arising from the implementation of the act,” Fadlil pointed out. Therefore, continued Fadlil, the need for a fifth amendment to the 1945 Constitution relied on the MPR and not on the Constitutional Court.
Furthermore, Fadlil explained about the existence of state organs in Indonesia before and after the amendment. Previously, MPR was an institution exercising the people’s supremacy an also the highest institution. After the amendment, by the existend of Law Supremacy and Constitution as the highest law, also the position of state institutions were equal.
Besides that, Fadlil described about the Judicial Power as an independent power to exercise judicial activities to enforce law and justice. The institutions exercising judicial power in Indonesia were the Supreme Court and the Constitutional Court.
Then, the authorities of The Court was to decide on the first and final level whose decisions are binding on cases concerning the review of Acts, to decided on the disputes among state institutions, to decide on the dissolution of a political party, to decide on the disputes concerning election results and to decide on the opinion of the DPR concerning the idea of terminating President and/or Vice President during their tenure.
Furthermore, continued Fadlil, what became the role of The Court was to hold the management of a stabile state administration based on the constitution ( the guardian of the constitution), to interpret the constitution (The judicial interpreter of the constitution), to conduct checks and balances principle, also to guarantee the protection of constitutional rights (Nano Tresna A/YDJ)
Wednesday, March 09, 2011 | 13:15 WIB 283