Newly established Constitutional Court after the 1945 changed in 1999-2002. The results of the 1945 changes resulted in considerable changes in the fundamental constitutional system of Indonesia.
"Before the 1945 changes, the Assembly called the highest state institution. Then there are the high state institutions such as the President, Parliament, MA, and others. Based on the changes to the 1945 Constitution, the qualifications of the highest body of state and high state institutions is not there and removed. Now all equal position of state institutions and their functions were defined in the 1945 Constitution, "said researcher of the Court Fajar Laksono Soeroso to junior high school students of Babadan Baru, Sleman, Yogyakarta on Friday (18/11) morning at the Court.
Relevant judicial authorities in Indonesia, said Fajar, now in the hands of judicial authorities of the Constitutional Court (MK) and the Supreme Court (MA). Back then, the top judicial authority in the hands of the Supreme Court.
"The Court did not adjudicate the legal issues that are concrete, but adjudicate constitutional issues. While the Supreme Court adjudicates the legal issues are concrete, such as fraud, theft, robbery and so on. The MA also provides penalties for those found guilty, a fine or imprisonment, "explained Fajar.
Furthermore, Fajar describes the powers of the Constitutional Court. The first is to test the authority of the Constitutional Court Act against the Constitution. Why the Act should be tested and the test stone is the Constitution? "Constitution is the highest and the source of all sources of law. The position of law under the Constitution and the laws made to describe the Constitution, "said Fajar.
Sometimes, Fajar continued, the law is made not according to what is stipulated in the Constitution. Hence the task of the Constitutional Court is to Act in harmony, not conflict, does not violate the Constitution. "If the law contrary to the Constitution and can not be tested, it is a serious danger to the state law. The law that actually violates the people can continue to apply. Therefore, examined by the Court, that in accordance with the Constitution, "explained Fajar.
Then the second under the authority of the Constitutional Court is to decide disputes the authority of state institutions whose authorities are granted by the 1945 Constitution. The number of state institutions in Indonesia, enabling the occurrence of the dispute so there should be a complete party.
"But not just any disputes, which can be resolved by the Constitutional Court is the authority dispute of state institutions whose authorities are granted by the Constitution. For example, the authority of the Assembly, the President, or the House of Representatives mentioned in the 1945 Constitution, "said Fajar.
Furthermore, the authority of the Constitutional Court is to decide the dissolution of three political parties. In fact, dissolve political parties are not easy and simple. Political parties are the pillars of a democratic state, its existence becomes important. Therefore, parties should not be carelessly dismissed as in the old days, without a legal mechanism, such as occurred at the time of President Soekarno and President Suharto. "Freedom of association and assembly were guaranteed in the 1945 Constitution. The dissolution of political parties must go through legal mechanisms and the Constitutional Court has the right to dissolve the political parties, "added Fajar.
In addition, Fajar continued, there are four powers of the Constitutional Court rule on the dispute that is the case election disputes, including the General Election. Plus one obligation which the Court issued a decision on the opinion of the House of Representatives that the President and / or Vice President is alleged to have violated the law in an act of treason, corruption, bribery, felonies and moral turpitude, and / or no longer qualify as President and / or Vice President referred to in the 1945 Constitution. (Nano Tresna A. / mh/Yazid.tr)
Monday, November 21, 2011 | 10:00 WIB 192