Constitutional Court Increases Democratic Values of a State
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Constitutional Court Justice of the Republic of Indonesia, H.M. Akil Mochtar on the Final Plenary Session of "the International Symposium on Constitutional Democratic State" at Shangri-La Hotel of Jakarta, Tuesday (12 / 7) afternoon.


The presence of the Constitutional Court and other equivalent institutions are believed to increase the value of a country's democracy. Most delegates agreed that democracy is one of the important social values in a democratic state that is explicitly stated in the constitution of each country. This was stated by the Constitutional Court Justice of the Republic of Indonesia, HM Akil Mochtar on the Final Plenary Session "International Symposium on the Constitutional Democratic State" at Shangri-La Jakarta, Tuesday (12 / 7) afternoon.

Akil read a resume of the conclusion on Panel Session. He said all systems of democracy is believed to be the best system and largely adopted by countries around the world. He then quoted Mohammad Hatta, the first former vice president of Indonesia, said that without a responsible democracy and tolerance will result in an anarchy.

"Democracy is always going to grow along with the growth of the community. Democracy will never complete and never have the ultimate goal, "Akil said.

Furthermore Akil expressed the principle of transparency is an important requirement in the law-making process. In this process, a vast space should be given to the public to monitor.

In addition, in order to ensure law-making process based on democratic principles and values and not contrary to the constitution, the involvement of institutions of the constitutional court or equivalent is a must.

While the conclusion of the Panel Session II states that the Constitutional Court and similar institutions appear to have significant contributions to the constitutional democratic state. It included in strengthening democratic principles. Even the Constitutional Court plays a vital role to preserve the living constitution are used for everyday and standards for all state action.

"Some countries including Korea, Lithuania, Chile, Spain and Indonesia promote the Constitutional Court as the most trusted institutions to promote democracy in these countries," Fernando de Lasama expressed as Chairman of the Parliament of Timor Leste. On the one hand, the existence of the Constitutional Court must be trustworthy state institutions. This fundamental principle must be done not only make the Constitutional Court as part of the justice system. But the Constitutional Court to be guardian of the constitution.

"The Constitution became law in the state supreme, high commitment, effective control is necessary if the law reviews, both substantively and justice events," Fernando said.

Further conclusions Panel Session III one of them said that democracy is an important social value that must be upheld in a democracy. "The Constitutional Court was established to support the strengthening of those values," Tan Sri Arifin bin Zakaria said as Chief Justice of the High Court of Malaysia, who read out the conclusions of Panel Session III.

Still relevant to conclusions of Panel Session III, each Constitutional Court has the authority to interpret, define, and adjudicate the constitutionality of laws regulating the executive, legislative, and judicial authorities, including the protection of human rights and freedoms of citizens.

Constitutional Court is fully dedicated to work independently and impartially, to uphold transparency and fairness of judges. In addition, the Constitutional Court's decision on all bodies of state power is final and binding.

"The Constitutional Court plays an important role in maintaining constitutional democracy, through the mechanism of checks and balances between state agencies. In addition, the Constitutional Court to preserve human rights and freedoms of citizens "Tan Sri Arifin said. (Nano Tresna A/Yazid.tr)


Thursday, July 14, 2011 | 13:03 WIB 165