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The existence of Pancasila assessed increasingly dim. And all this time, Pancasila considered escorting the Constitution, and escorting the authority and duty of the Constitutional Court (MK). Therefore, we need to position the Pancasila as the national consensus, in which the ethical values of truth, which is rooted in cultural values and religious values that correspond to the local wisdom of Indonesian society.

This was conveyed by the Secretary General of the Constitutional Court Janedjri M.Gaffar Rally Speech at the opening ceremony with the theme "Education of Pancasila, the Constitution, and Constitutional Court Procedural Law Student Executive Board for Activists in Indonesia," at the Hotel Aryaduta, Jakarta, Friday (21/10). The event was organized for the cooperation between the Court and the University of Indonesia Student Executive Council (BEM UI), Jakarta.

In front of hundreds of students from several universities in Indonesia, Janedjri say that the values of Pancasila and synthesize with the developments of global thinking. "Then in the end by the founding fathers of our country, agreed and included in the Preamble of the Constitution," said Janedjri.

It can be concluded, further adding Janedjri when exercising the authorities and obligations of the Constitutional Court, the Court not only to position the 1945 as a touchstone of the Constitutional Court, but made the Pancasila as the touchstone in performing the duties of the Constitutional Court. "With the background of such thoughts, the Court consciously hold Educational activities Pancasila, the Constitution, and the Law of Procedure of this Court," said Janedjri.

In addition to touch on how important the existence of Pancasila as the basis for constitutional, Janedjri also highlighted the existence of the Constitutional Court as a product of reform. According to him, which became a driving force in the reform of the student? With the reform then, ‘cause a variety of reforms in various fields, in particular constitutional reform that ultimately lead to changes in the 1945 Constitution, "explains Doctoral Candidate of FH Diponegoro University, Semarang, this.

Janedjri also added that the change in the Constitution is a very big impact. If we look at from the aspect of quantity, we can compare the changes to the 1945 Constitution before and after the change, the change to 300%. While the qualitative approach, said Janedjri, a very fundamental change in the state system and state life. "Among other things, with the formation of the Constitutional Court," he said.

Janedjri further said that as the constitutional judiciary, the Constitutional Court has the authority to hear at first and final level, and nature are final. "By the provisions of the Constitutional Court the authority, then no other remedy that can be done against the decision of the Constitutional Court, said Janedjri.

The authority of the Constitutional Court, said Janedjri, in contrast to the authority of the elder brother of the Supreme Court (MA). This can be proved when, a case is in court if we are not satisfied with the results of the district court’s decision, then it could apply to the Supreme Court of Cassation. So also if we are not satisfied with the decision of the appeal, we also have other legal remedies which attempts Review (PK). "And as we all know, it turned out to be in PK anymore. Thus, the unceasing efforts of law given to the seekers of justice in the Supreme Court, "explained Janedjri.

Meanwhile, the Constitutional Court’s decision is final and binding, continued Janedjri, MK has 4 (four) of which the authority Testing Act (the Act) against the 1945 Constitution. In this case, if the law made by the Government and the House of Representatives (DPR) violates the 1945 Constitution, the Constitutional Court obliged by the constitution to overturn the law. Then next is the authority of the Constitutional Court Breaking the Dissolution of Political Parties, and Terminate Dispute Authority State Institutions whose authorities are granted by the 1945 Constitution, and the last is the Terminate Dispute over Election Result.

Then, there is an obligation of the Court, given the constitution of the Parliament decision on the opinion that the President / Vice President is alleged to have violated the law that an act of treason, corruption, bribery, other felonies, or moral turpitude, and / or no longer qualify as fulfill the President and / or Vice President as set forth in the 1945 Constitution. "All authorities of the Constitutional Court will be delivered by the father-mother speaker to participants in this activity," explains Janedjri.

And at the end of his talk, Janedjri Court said that the event in collaboration with the BEM UI, not without purpose and objectives. According to him, the knowledge related to the education of Pancasila, the Constitution, and Law on the Constitutional Court obtained in this activity, to be submitted to the student peers where the student resides, including the faculty and the local community. (Shohibul Umam / mh/Yazid.tr)

 

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