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"Speaking of the Constitutional Court, would we talk about judicial review. If we trace the history of the Constitutional Court the whole world, the Supreme Constitutional Court of the Republic of Indonesia is the 78th in the world, "explained researcher Fajar Laksono Soeroso Court when giving a brief lecture to the students of the Faculty of Law (FH) University of Sriwijaya, Palembang, Friday (27 /1) morning in Constitutional Court (MK).

Fajar continued, which became the main authority of the Constitutional Court is the judicial review, as a mechanism to test the legal norms is arranged hierarchically.

"If we read the theories about the hierarchy of law, then the law is composed of law that has the highest degree, then come down like a staircase. Legal norms under it should refer to the legal norms on it, and so on, until at the highest legal norms of the constitution, "said Fajar.

That's the theory of the legal hierarchy, up Fajar, which became the inspiration countries that founded the Austrian Constitutional Court is the first time in the world in 1920.

"At that potential conflict of norms, particularly the Act against the Constitution is very large. In addition, no state agency that can solve that problem, "said Fajar.

Therefore, continued Fajar, Hans Kelsen legal experts suggested the need for a state agency is given specific authority to conduct testing of the Act against the Constitution. Hans Kelsen thought that later expanded to the whole world.

"Even the ex-communist countries in Eastern Europe, which is undergoing a transition from authoritarian rule to democracy, the Constitutional Court considers it important to guard the constitution in a country," said Fajar.

Post-1998 Political Reform in Indonesia, Fajar said, the priority agenda of the time was to change the 1945 Constitution. As it turns out the 1945 Constitution has many loopholes weakness, which is used by authorities when it is to perpetuate power.

"Then in 1999-2002 it made the 1945 Constitution changes. When was the Constitution modifier spark the idea of forming the Constitutional Court in Indonesia, because look at the Constitutional Court into a new constitution in world phenomenon, "says Fajar.

Furthermore, Fajar says, the authority of the Court in various countries is varied. Such as the Constitutional Court of the Republic of Indonesia (MKRI) the authority to decide the dissolution of political parties, which it is not owned by the Constitutional Court of South Korea, or not owned by the Constitutional Court of South Africa.

"So, the authority of the Constitutional Court of each state varies. However, the same authority of each of the Constitutional Court in the whole world was to test the laws against the Constitution or judicial review. All of the Constitutional Court in the world would have this authority, while other authorities may be different, "said Fajar. (Nano Tresna A. / mh/Yazid.tr)

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