Chairman of Constitutional Court, Moh. Mahfud MD is on "Your Voice" which was hosted by Fessy Alwi with the theme of "Evaluation of the Constitutional Court Performance" on Wednesday (6 / 7), at Studio Metro TV, Jakarta.
Constitutional Court (MK) would still make the decision of the ultra petita (to decide more than that requested by the Petitioners, ed.), although in the revision of the Constitutional Court has to load the prohibition against it. This is confirmed Chairman of the Constitutional Court, Moh. Mahfud MD on "Your Voice". It was hosted by Fessy Alwi with the theme of "Evaluation of the Constitutional Court Performance" on Wednesday (6 / 7), at Studio Metro TV, Jakarta.
"Ultra petita we will still do. Apart from the Parliament and the government says (revision of the Constitutional Court Law) it. Okay, there are laws that restrict, but we already have jurisprudence much about it that it cannot be erased simply because the law forbids it. Even two days ago, the new Constitutional Court decided on the party with the Political Party Law ultra petita decision. Applicant, continued Mahfud, asking Article 51 paragraph (1) canceled, but we cannot just cancel the Article 51 paragraph (1), but also of Article 51 paragraph (1a), Article 51 paragraph (1b), and Article 51 paragraph (1c). So, we (the Court) will have no effect, "he explained.
Mentioned about the reasons for the decision of the Court do ultra petita, Mahfud explained two reasons. Reason, bright Mahfud, ie there are clauses which must be erased by itself due to the vanishing of one chapter and to avoid legal vacuum. For example, continued Mahfud, must do something and the conditions to do something, but who asked to be canceled is to do something. According to Mahfud, then the terms of doing something should be canceled as well.
"If 'the heart' was canceled, then the 'tails' was also to be canceled. Secondly, in order to avoid legal vacuum. When we pull out something, sometimes we add to the setting. In case for ID, there used to be a question that ID cards are used to vote in elections? If we only say it can be, this danger, so we set. If allowed, the conditions a, b, c. I think socially acceptable and a way out of legal bottlenecks. Therefore, we were not too concerned with laws that prohibit ultra petita. We will continue to walk. Society may fuss, we never responded because it depends on the constitutional authority of the Constitutional Court to guard the constitution, "Mahfud said.
Responding on the performance of the Constitutional Court, the Court explained Mahfud with all its shortcomings has been regarded as a law enforcement agency that pretty well by the community at the national level. Meanwhile, Mahfud said that Court is involved in the international arena and is recognized internationally as one of the institutions that helped contribute to the substantial development of democracy and human rights based constitution in Indonesia.
"Democracy works well since the reforms despite of the certain aspects are considered too far, but in terms of the election was conducted fairly democratic supervision of the law through rulings. The second, also said since the reform, human rights violations committed by the state no longer exists. True human rights violations in Indonesia are still many, but the international community considers human rights violations that occur are horizontal from the community to other communities. One of them there is a big enough role of the Constitutional Court, "Mahfud said.
Then, Mahfud also straighten out on issues that hit the Constitutional Court and denied the existence of judicial administration issues in the Constitutional Court. According to Mahfud, from 1460 cases entered into the Court, only 1-2 cases that troubled the Court, while a case testing the law no problems at all. "Although not free from shortcomings, which we are proud of the Court precisely because there is a good administration, so there is a direct violation caught and we follow. We did not protect, for example if someone is involved in, we immediately report if there are criminal acts to the police. Because we have the determination, do not ever harm democracy and the constitution has a lot of money because of corruption, democracy and the constitution as well. I am very angry if there is anything that happens. Anyone will I submit, if guilty, "he explained.
Mahfud also explained briefly about the events of the International Symposium held by the Court in the framework of the 8th anniversary of the Constitutional Court on 10 to 14 July 2011. Approximately 23 countries, continued Mahfud, will present at the event involving the Court and similar institutions as well as some of the country's parliament."The Court is 8 years old, got the attention of the international world. We invited some of the forums. Now, we are asked as a host for an international symposium. The Court's role will be explained here; democratization in the manufacture of Act and the implementation mechanism of checks and balances in Indonesia. Constitutional system and the constitution here is good. The problem in law enforcement is the eradication of corruption. If anything else, I think it's pretty good, "he said. (Lulu Anjarsari/ mh/Yazid.tr)
Friday, July 08, 2011 | 09:25 WIB 228