Chief Justice of the Constitutional Court Moh. Mahfud MD became a resource person in the National Dialogue on the theme "Implementation of the Constitution escort in Consistently Trias Politica System (Balance of Power Legislative, Executive, and Judicial)," Meeting in NU’s Women Leaders in 2011, at Grand Cempaka Hotel, Jakarta, Monday (10/10).
He underlined in the material submitted, that since man is born, must be in a country. Therefore, in the life of the state, man can not live without politics.
In front of hundreds of figures and NU’s Women Leaders from various regions in Indonesia, Mahfud also said, by quoting the opinion of Aristotle, that human beings are political or zoon politicon, so that people living with other people in a political life. Politics itself, said Mahfud MD, is to organize activities within a country. "Just who should be emphasized that politics should not come with a political party," he said.
Mahfud told further that any person cannot escape from political life. Therefore, that person can participate in politics, partisan politics could also participate. "That’s why, before former President Abdurrahman Wahid said that political activity can be done with political parties, can also be done with political movements, such as NU’s not a political party, but it is definitely political movement," he explained.
According to Mahfud, living in a country can not live without politics, so in any state constitution, i.e. rules that must be followed in political life. "There should be someone in life against the state constitution," he said.
The contents of the constitution are the guarantee of human rights of life, and so that human rights can be protected properly, then formed the state government apparatus. "This is where the relevance of existing legislative, executive, and judiciary so that the rights of citizens could be protected," he explained.
In addition to offensive content constitution, he also highlighted the condition of the constitution at the time of the new order. According to him, in ancient times, the constitution of Indonesia put the President as a center of power. Although there is the highest power in the People’s Consultative Assembly (MPR) but remained the greatest power on the President. "And now, since a change in the Constitution, which conducted since 1999-2002, there was no highest state institution," all arranged horizontal linkages, and no structural or hierarchic not vertical, but parallel, "said Mahfud.
Responding to a question from a participant who asked whether the possible intervention of the trias politica (legislative, executive, and judicial)? Mahfud MD replied that if the past so there is no intervention. "For example, in ancient times not only legislative intervention but also co-opted (controlled), and this is more serious than the intervention," he explained.
"In ancient times none of the House of Representatives (DPR) can make the Act (the Act), except for validating what is made by the Government. Let’s look at the history of Indonesia, during Soeharto became president, the House never make the draft law, all made by the Government, and Parliament ordered to approve. Even as it passed, it just has to consult first to President, whether or not President agree. So the bill into law an elitist, conservative laws, like the one on in my dissertation, "explained this former Defense Minister Ri.
This, says Mahfud, there is no mutual intervention that there now is infidelity and flirted. According to the 1945 Budget was made by the Government together with the House, but now having an affair, no haggling, and now there are brokers budget. "The fact has been found in the KPK (Corruption Eradication Commission)," he said. (Shohibul Umam / mh/Yazid.tr)
Thursday, October 13, 2011 | 13:59 WIB 193