Delegates from the Ministry of Public Works (PU) visited the Constitutional Court (MK), on Tuesday (8 / 11) morning. Their arrival is received directly by the Constitutional Court HM Akil Mochtar at the press conference room of the Constitutional Court, which also gave a short lecture entitled "Regulations Regulations", which includes a brief history of testing the law in the world, the birth of the Constitutional Court of the Republic of Indonesia (MKRI) and MKRI authority.
During the meeting, it alluded to Act no. 12 of 2011 on the establishment of legislation. Act no. 12/2011 explains the hierarchy of this legislation: a) the Constitution of the Republic of Indonesia Year 1945; b) the People’s Consultative Assembly Decree; c) Act / Regulations in Lieu of Law; d) government regulation; e) of Regulation President; f) Provincial Regulation; g) Regulation of District / City. "
If it looks at the hierarchy of legislation, the Legislative Act is under the 1945 Constitution. The problem, said Constitutional Justice Akil Mochtar, the Law Court stated that one of the authorities of the Constitutional Court is to examine the Act against the Constitution. The Court thus did not test the MPR.
"Thus has not set a formal institution that could test the MPR," Akil said on the occasion.
Akil is described, based on the hierarchy of legislation, the MPR position higher than the Act. Later in the Law no. 12/2011 declared it as a command to create a single legislation, then the MPR were interpreted in two. "In addition to the statutes as well as decisions. Law is not a determination decision. But, if so one must abstract norm of law, "said Akil.
It also discusses a brief lecture about the power of freedom to run the judiciary, to enforce law and justice. Perpetrators of judicial power in Indonesia are a Supreme Court and judicial bodies underneath it, as well as the Constitutional Court.
Akil describes the powers of the Constitutional Court judge at the first and last decision is final and binding upon the case. While the authority of the Constitutional Court is to examine the statute, rule on the dispute the authority of state institutions, to decide the dissolution of political parties, deciding disputes over election results, including elections.
"In addition there is an obligation of the Constitutional Court, which shall decide upon the opinion of the House regarding the alleged violations by the President and or Vice President by the Constitution," said Akil.
Akil also explains the history of the reviewing of the laws or judicial review in the world, against the background of Marbury vs. Madison case that covers the cancellation of the relevant provisions of the appointment of judges (judiciary Act. 1789). The case became the basis of the authority of judicial review of the United States Supreme Court. (Nano Tresna A. / mh/Yazid.tr)
Thursday, November 10, 2011 | 08:01 WIB 168