All students who are members of the Center for Constitutional Studies and the Faculty of Shariah and the Shariah Law of the State Islamic University of Sunan Kalijaga Yogyakarta visit to the Constitutional Court (MK), Wednesday (5 / 10) morning. On that occasion, Judge of the Constitutional Ahmad Fadlil Sumadi give a short lecture about the role and performance of the Constitutional Court, as well as other related matters.
Initiating a conversation, Ahmad Fadlil Sumadi explained before the Constitutional Court established in August 2003, in practice it is run ‘constitutional justice’ in Indonesia. "But according to your tastes run to run," said Fadlil.
It is said Fadlil again, who interpret the 1945 Constitution at the time, most often done by the President. In addition to interpreting the 1945 Constitution, the President also is running and try the 1945 Constitution.
"At that time, there are different opinions deemed unconstitutional," added Fadlil, which also explains that the idea of constitutional justice in Indonesia during the struggle had been triggered by Moh. Yamin, but did not get realized.
Fadlil further explains that democracy is essentially the implementation of a matter that was originally developed in England, with the term ‘constitutionalism’. Understanding of constitutionalism, as a doctrine that the state should be limited authority.
"Actually the state is an organization constituted by sovereign owner. The sovereign is the people. Thus, which has the country are the people. The people who form the country, so that the common life in the nation and state can be peaceful, fair, and peaceful, "said Fadlil.
In contrast to the Theory of State Power, that the state comes from God who told ‘representative’ it to be a leader in order to realize the welfare state. But that happens; the power is only for personal, public money is used for personal pleasure, to debauchery, dissipation, and so on.
"The occurrence of the French Revolution due to abuse of power of King Louis XVI, who even dares to say ‘the state is me’," said Fadlil.
Added Fadlil, given the absolute power, tend to have a corrupt character, his authority arbitrarily higher. For that reason, the power should be limited. So how do I limit it? How to limit something through the law? "Hence it arise the teachings of Law of the Democratic Constitutional State," said Fadlil.
Thus, continued Fadlil, on the one hand the constitution is the implementation of the teachings of constitutionalism, on the other side of the state constitution is the implementation of the teaching of law, while the subsequent implementation of the teachings of the constitution is a democratic country. (Nano Tresna A. / mh/Yazid.tr)
Tuesday, October 25, 2011 | 14:02 WIB 265