Basic reviewing of formal legislation is Article 51A paragraph (3) Act no. 8 / 2011 concerning Amendment to Law on the Constitutional Court (MK). That article mentions, "In terms of formal petition for judicial review, examination and decision by the Constitutional Court is based on laws and regulations governing procedures for the formation of legislation ..."

"Actually, the decision of the Constitutional Court Law. 27/2009 on the Supreme Court, there is the Court’s opinion that says, ‘Throughout the Act, order products of state institutions and laws that regulate or formal procedural mechanisms that flow from the delegation of authority under the Constitution, the laws and regulations that may be used or considered as a benchmark review in the reviewing stone of formal Act ‘, "said Constitutional Justice HM Akil Mochtar told participants Designer Training Functional Regulation Legislation Ministry of Justice and Human Rights 2011, which visited the Court House, Thursday (20/10) morning.

In addition to formal testing about the Act, Akil explained about the Act is in material testing, ie when the petition filed by the appellants argue the substance of the paragraph, chapter, section, and or an explanation, even the attachment of the Act are considered to be contrary to the 1945 Constitution, because the attachment is integral part of the Act. Attachments are never canceled the Constitutional Court Act, for example, when testing the Law on the Establishment of the Autonomous Region, on the boundaries depicted in map form in Appendix Act.

Furthermore, Akil explained the touchstone testing the Act. Akil disclosed, the Constitutional Court did not limit the touchstone in testing the law. Stone the test not only the articles of the Constitution of the trunk, but can also be part of the opening of the Constitution, which contains the objectives of national, state, and the ideals embodied in the formulation of Pancasila.

"So, in examining a norm of law against the Constitution, we also use the opening of the Constitution. Since the opening of the 1945 Constitution enshrined Pancasila. In addition, the basic ideas of state formation, preparing nationality, determines the area, all set forth in the preamble of the 1945 Constitution, "explained Akil.

Therefore, continued Akil, things are set forth in the preamble of the 1945 Constitution were distributed to the existing provisions in the 1945 Constitution. For example in the 1945 opening of the mentioned problems of popular sovereignty, then the chapters on education, economy all states for the benefit of the people, for the greatest prosperity of the people.

"Similarly the religious life in Indonesia, mentioned in the opening of the 1945 Constitution that the state of Indonesia based on the belief in one God," said Akil

That’s why, says Akil, every Indonesian citizen must be the state religion and guarantees religious freedom of every citizen. As mentioned in Article 29 UUD 1945 Paragraph (1), "State based upon the belief in God Almighty".  Article 29 UUD 1945 Paragraph (2), "The State guarantees the independence of each resident to embrace their religion and to worship according to religion and belief". (Nano Tresna A. / mh/Yazid.tr)