Judicial review into 'crown' of the Constitutional Court occurs when a country Austria founded the Constitutional Court on the idea of legal experts, Hans Kelsen. "The idea of testing the law in a Constitutional Court," said Rafiuddin., staff of Chief Justice to the students of the S-2 High School of Legal Studies (STIH) Pertiba, Bangka Belitung on Thursday (15/12) afternoon.

Rafiuddin continued the founders of the Republic of Indonesia in the trial BPUPK in 1945 to debate whether or not there is an institution in Indonesia to test legislation against the Constitution.

"The proposal is out of the thinking of Prof.. Moh. Yamin. Indonesia should have a Great Hall that can compare to the Constitution Act, "said Rafiuddin.

At that time, the thinkers of law in Indonesia has been able to access the contemporary ideas developed in the West. However, the idea of Moh. Yamin ultimately rejected because it did not receive approval from the Professor. Soepomo as one of the respected legal experts in Indonesia.

"According to Soepomo, the Constitutional Court does not match the legal culture in Indonesia. Since the Constitutional Court can only be driven on the legal system that embraces 'Trias Politica', "explains Rafiuddin. Another reason of rejection of the idea of Moh. Yamin, Indonesia at that time not many legal scholars who have expertise related to the application of constitutional law.

The idea of establishing the Constitutional Court in Indonesia does not stop. Since Indonesia became RIS, it stipulated in the Constitution regarding the testing of state laws against the Constitution. Furthermore, during the transition between the old order to new order, there is the idea to create institutions that can perform the test laws against the Constitution in the Supreme Court (MA).

"It's just, at that time the government does not agree, although the Assembly had decided to test the law against the Constitution in the Supreme Court should be regulated. According to the government, the constitutional right to conduct assessments of the Act is the Assembly, "said Rafiuddin.

It was not until after the 1998 Reform in Indonesia, the idea of testing the law against the Constitution can be realized. It felt a lot of overlapping of the norm in the law that one with another Act.

"Even among college, academic thinkers convey that there is no reform without a change in the constitution," added Rafiuddin.

Long story short, after the 1945 changes to the 1999-2002, precisely August 13, 2003 established the Constitutional Court of the Republic of Indonesia (MKRI) having authority to test the laws against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution, to decide the dissolution of political parties and to decide disputes concerning elections, including election results.

While MKRI obligation is to give 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, other felonies, or moral turpitude. (Nano Tresna A. / mh/Yazid.tr)