Students of the Faculty of Law Islamic University of Indonesia (UII) in Yogyakarta, for several times visited Constitutional Court (MK), in Jakarta. This time, those who came were about 80 (eighty) students accepted directly by the researchers as well as staff of the Chief Justice of the Constitutional Court, Moh. Mahfud MD, Fajar Laksono, in Press Conference Room, Monday (16 / 1).

The intent and purpose of them was to know the role and function of the Constitutional Court. Fajar in the beginning of his presentation said that the Constitutional Court is a judicial institution of the product of reform. The New Order government assessed academia many violations occur. "Therefore, academics say, this (new order) should be reformed," Fajar said when explaining to the students.

Then associated with the 1945 Constitution as amended by the framers, Fajar said, after the amendment of the 1945 Constitution which regulate associated with the Court. According to him, the basic concept of the Constitutional Court is established from the theory of Hans Kelsen as an expert in constitutional law. While the model or the shape of the Indonesian Constitutional Court refers to the Constitutional Court is the first time there is the Constitutional Court of Austria.

That’s all because of the formulation of the Constitution as amended; the framers saw many unsynchronized occur in the Act against the Constitution. "Therefore, there must be a settlement of this norm, between the Constitution and existing laws under it," explained Fajar who are also alumni of the UII.

Another change in 1945, Fajar said, there are the institutional relations. Previously, the People’s Consultative Assembly (MPR) at peak power. He became the highest state institution. He also became executor of popular sovereignty. "But now to be divided sovereignty. 

In addition to speaking the historical process of the Constitutional Court, also told the Fajar of the conflicts that occurred before the advent of the Constitutional Court. In this case, he said that there is a dark history associated with the fall of President Abdurrahman Wahid to-3. The President is usually called Gus Dur, in the process assessed is an anomaly. "Why is the President could be imposed without due process of law do?" said Fajar. Furthermore, Gus fall asleep, says Fajar, gives a very big lesson of the existing system of government in Indonesia. "It is important there is an institution like the Court."

Meanwhile, Fajar also explained related to the Law against the 1945 Constitution. He argues, is a law-making authority possessed by the legislature. But sometimes the law is made not in accordance with justice. "Therefore, how miserable society, when there is no institution like the Court," he explained.

Unfortunately, Fajar continued, it should be if there are institutions like the Constitutional Court, the law-making institutions should be more careful in making laws. In reality until now the intensity was tested to the Court, instead more and more. "It’s a problem," he said.

More importantly, he says, "The Court is present or established as an institution of law and democracy synchronizes. Democracy tends to ‘wild,’ if not restricted by law. The Court simply harmonize laws are out of sync, "explained Fajar.

Associated with the decision of the Court, whether the decision had experienced problems? In answer, Fajar said that any decision issued by the Constitutional Court, the Court has no right to execute. "As executor of the Act, implemented or not is up to the executive," said Fajar. (Shohibul Umam / mh/Yazid.tr)