Represented by Chief of Staff of the Constitutional Court Constitutional Court, Dawn Laksono received a visit from students of the Faculty of Law University of Trisakti, Tuesday (1 / 11). In addition to receiving direct requests of the student’s dark blue jacket, Dawn also deliver material duties and authority of the Court.
Dawn started the exposure of the material by saying that state institutions today have equal footing with one another. No single state agency whose position was higher than other state agencies. According to Fajar, it happened after the 1945 Amendments.
"After the amendment, the state agency position parallel to the powers and authority granted by the Constitution. So no longer a super body state institution which differ only function alone, "said Fajar explained to the students.
Furthermore, Fajar explains about the authority of the Constitutional Court. The authority of the Court, namely the authority to hear at the first and last decision is final to test the Act against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, and decide disputes concerning the results of General Election. The Court also required giving a decision on the opinion of the House of Representatives regarding the alleged violations by the president or vice president.
On that occasion, dawn also explain the differences in judicial review and constitutional review. As explained by Fajar, constitutional review can be done if the laws were tested against the 1945 Constitution. In a constitutional review that could perform the judicial review is not only a judge or judicial institutions, but all agencies have the authority to conduct constitutional review as ordered by the 1945 Constitution. "Judicial review is only the judiciary that can be reviewed. Which can also be tested against the Constitution Act, between the conflicting laws and create legal uncertainty could also be, "explains Fajar.
Fajar also explains why political parties are given the authority to dissolve the Constitutional Court. The ruler does not like with a particular political party can dissolve or join it. The dissolution of political parties when it is not based on clear reasons based solely dislike or feel threatened by the political party that would be dissolved.
With the authorization granted to the Constitutional Court dissolved political parties with clear reasons. If political ideology contrary to the ideology of Pancasila and 1945 Constitution and based on clear evidence, the Court may decide to dissolve the political parties. "That could be a petition in the case of dissolution of political parties is also not everyone can. Government which could be the case Petitioner dissolution of political parties "said Fajar. (Yusti Nurul Agustin / mh/Yazid.tr)
Tuesday, November 01, 2011 | 17:47 WIB 231