Constitutional Justice Akil Mochtar: Without Law, Democracy Goes to Wrong Direction

Constitutional Justice M. Akil Mochtar was accompanied by Rector of Sang Bumi Ruwa Jurai University (Saburai) DR. Nanang Fauzie Iskandar, SIP. MH., while giving a brief lecture to students of the Faculty of Law Saburai University of Bandar Lampung who visited the Constitutional Court (MK), Tuesday (28/6) morning at Court House.

The goals of the constitution as the supreme law are justice, order, and the realization of ideal values such as independence and freedom and prosperity and welfare together. Democracy must grow still legal base, because without the law it will run into the wrong direction.

"As embodied as by the founders of the state (the founding leaders) or the framers of the Constitution as revealed by Prof. Jimly Asshiddiqie in the book 'Economic Constitution'," Constitutional Court Justice HM Akil Mochtar said to all students of Law Faculty of Sang Bumi Ruwa Jurai University (Saburai) of Bandar Lampung who visited the Constitutional Court (MK), Tuesday (28 / 6) morning.

Akil stated an idealized democracy must be placed within the remit of the law. Without the law, democracy can actually grow in the wrong direction because the law can be interpreted unilaterally by the mastery in the name of democracy.

"Because that's evolving conception of democracy based on law (constitutional democracy) are commonly used in conversation about the modern concept of 'constitutional state' which is considered ideal today," Akil said. He was accompanied by Rector of Saburai University of Bandar Lampung, Nanang Fauzie Iskandar.

Furthermore Akil expressed the desire to realize a democratic government with checks and balances mechanisms, equitable and balanced between the branches of state power, establishment of rule of law and justice, and ensure, protect and fulfill human rights, has organized quite well in the 1945 amendments carried out in 1999-2002.

"Amendment of the 1945 Constitution cannot be separated from the weaknesses of the 1945 Constitution before the amendment, as judged unable to resolve the problems that arise in the practice of state administration and the mechanism of checks and balances are not well ordered. This is due to the application of power-sharing system (distribution of power) are not done correctly, " Akil explained.

In the context of the world, says Akil, the existence of the Constitutional Court has become one of the development of legal thought and the modern state that emerged in the 29th century in Austria, as the first country to have a guarantor of the constitutional organs of the nomenclature of the Constitutional Court. It was proposed by Prof. Hans Kelsen when given the task of designing a democratic constitution of Austria around 1919.

Today Indonesia is the 78th country that has a Constitutional Court. The establishment of the Constitutional Court in various countries is at least against the background by four points. The first is the implications of understanding of constitutionalism. The authority of the universal law and overcome the power of the state in connection with that law will control the politics, not vice versa.

The second thing that becomes the background of the formation of the Constitutional Court in various countries, is a check and balance mechanism on the separation of power. Implementation of the principle of checks and balances needed to keep the no overlap between the existing authorities. The third is clean government. Then the fourth thing is the background of the formation of the Constitutional Court, is the protection of human rights (human rights). (Nano Tresna A./mh/

Tuesday, June 28, 2011 | 13:03 WIB 205