All members of the Indonesia Library Club (KPI) visit to the Constitutional Court (MK), Wednesday (25 / 1) morning. Their arrival is received directly by the researcher MK Nur Irfan Rahman and Hanindyo as Court Head Library, which continued in session a short lecture about the background of the formation of the Constitutional Court, the authority of the Constitutional Court as well as other related matters.
"The purpose of our visit is to see more of the Constitutional Court, the Constitutional Court as well as visiting the library," said Mrs. Subagio as Chairman of the KPI.
Venturing into a short lecture, Nur Irfan Rahman said, "If we flashback to the rear, the Court was born in 1999-2002 due to changes in the constitution." Irfan explained, the formulation of constitutional changes as the idea of balancing the system of separation of powers in the country of Indonesia, the mechanism associated with each other control and supervise each other between state institutions.
"Then Constitutional Court arises as one of the state agencies that have functions that control. In this case, the Constitutional Court as a judicial institution "explained Irfan.
Irfan went on; change the 1945 Constitution is one of the demands for reform. Academics, practitioners, students agreed that the 1945 Constitution that in the new order is considered sacred, was carrying a "flawed judicial ‘.
"That is, the 1945 Constitution contains a weakness since birth. Weaknesses, among others, did not adopt the system of separation of powers, "said Irfan is also revealed in the 1945 Constitution before the amendment, known as distribution of power.
"In the 1945 Constitution after amendment, no longer recognize the division of power, but recognize the separation of powers. In the past, who holds the power law form with great powers of the President? Now it returned to Parliament as a legislative function, "says Irfan.
It is said Irfan again, change the 1945 Constitution was brought tremendous impact to the state administration in Indonesia. Due to changes in the 1945 Constitution, the state institutions that exist in Indonesia, things changed. From the beginning the highest institution in the hands of the Assembly, after the 1945 change in the highest institution in Indonesia is not there anymore.
"People’s Consultative Assembly, House of Representatives, the President, DPD, MA, MK, and BPK are parallel position, there is nothing higher. The highest is the constitution, because the new state system that we know of the supremacy of the constitution. Therefore we put the constitution as the highest law in the country of Indonesia, "said Irfan who raised the topic" Post-Consolidation of State Institutions the 1945 Amendment "was.
Irfan further describe the authority and obligation of the Court. Authority which is tested against the Constitution Act, decide upon the dissolution of political parties, rule on the dispute between the authority of state institutions whose authorities are granted by the Constitution, to decide upon disputes on general election results."While the obligation of the Court is to give decision on the opinion of the House of Representatives that the President and / or Vice President has violated the law, or moral turpitude, or do not qualify as President and / or Vice President as set forth in the 1945 Constitution," said Irfan. (Nano Tresna A. / mh/Yazid.tr)
Wednesday, January 25, 2012 | 10:55 WIB 228