The students of SMK 37 Jakarta visited the Constitutional Court on Thursday (17/11) morning. Their arrival is received directly by Rafiuddin, SH, Chairman of the General Administration MKRI Moh Mahfud MD. The arrival of the students are aiming to know better the Constitutional Court, to understand the background and history of the Court in this world and Indonesia, as well as see first hand the Court proceedings.

Started the meeting, Rafiuddin explained the initial idea of testing this Act has been committed by the Supreme Court in the case of Marbury vs. Madison. In that case the United States Supreme Court to cancel the law made by Congress which has traditionally been in the system of separation of powers in the United States, a state agency should not interfere in the affairs of another state agency.

But that was made by Justice Marshall in Marbury vs. Madison case; he boldly decided to cancel the laws made by Congress. This is the first case in the world, beginning

advent of the testing law. This idea has since been developed and applied in the United States who is not familiar with the institution of the Constitutional Court. Because in the United States, the authority

The Constitutional Court by the Supreme Court.

The emergence of a brilliant idea was from Hans Kelsen to the formation of the Constitutional Court of Austria in 1920. Kelsen ideas was the provisions of the constitution as the supreme law can be guaranteed its execution, needed organ to test a product or not with the law contradicts the constitution.

In Indonesia, the idea of testing the emergence of the law has actually been since the days of struggle, initiated Moh. Yamin to form the Great Hall (a kind of Supreme Court) to be authorized compare (test, Red) legislation. But the proposal is not approved Soepomo Yamin because the 1945 Constitution did not adopt the trias politica and not many legal scholars who have the experience to it.

It was not until after the 1945 changes, and then precisely August 13, 2003 with the enactment of the Constitutional Court Act, MKRI shaped and has the authority as mentioned before, namely to test the law against the Constitution. In addition, MKRI have any other authority, namely deciding authority dispute of state institutions and to decide upon the dissolution of political parties. In addition, plus one of MKRI obligation is to give decision on the opinion of the House regarding the alleged violations by the President and or Vice President by the Constitution. (Nano Tresna A. / mh/Yazid.tr)