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A change to the Constitution in 1945 is not something forbidden. But the theory that the Constitution can be changed, one of the important contents in the 1945 is a must have procedures in a change in the 1945 Constitution. This was stated by Chairman of the Constitutional Court (MK), Moh. Mahfud MD as a guest speaker on "The implementation of constitutional Current and Future Implications against the Nation," on Friday (3/2), the Office of the International Conference of Islamic Scholars (ICIS), Jl. Dempo Matraman, Central Jakarta.

"The formula should apply abstract term that is not easily changed, and there is a complicated way of change. And we already meet the 1945’s, at least is difficult to change, "said Mahfud.

At the beginning of his presentation, Mahfud explained to the parties present that as Chairman of the Constitutional Court are not allowed to speak good or bad constitution, as Chairman of the Constitutional Court shall be obliged to implement the contents of which are applicable in the constitution. "Therefore, my explanation of this should not be viewed as the Chairman of the Constitutional Court, but only as an academic course," pleaded Mahfud.

Furthermore, Mahfud also asked why the Constitution to be changed? In this regard, he explained that the Constitution no one can be approved by everyone, no matter where it is the Constitution. When the Constitution was established there must be a protest. So that now there are protests, later used and for what the change was made? The Constitution when it terminated was approved by everyone.

However, although the Constitution recognizes Mahfud agreed in 1945, but when speaking of the federal state, Hatta (Vice-President of the first) to support a federal state. At the time, even though Hatta proposed federal state with a vote and supported only 7 people. Then the same thing happens when creating the Constitution RIS (United Republic of Indonesia) in 1969, he said, construction is also going controversy.

"Therefore, I just wanted to say that if we wait for the Constitution must be approved by everyone. Then we will not have a Constitution, "said Mahfud. But there is a state constitutional convention, Mahfud continue, if already approved, it will bind to the Constitution. "It was agreed in the procedures and approved by competent authorities. Then you agree or not? It must apply and be forced into effect by the state, if we want to live in constitution, "he explained.

Mahfud also add that we do is like a true change in the Constitution, but as for now it is not easy because the Constitution states that if you want to change the Constitution must be approved by at least one third of the members of the People’s Consultative Assembly (MPR) which states that Chapter and verse which must be replaced. "So that must be changed one by one, and can not be filed within one package. Because Article 37 of the Constitution says that, "he explained.

However, according to Mahfud, all theoretical debates associated with changes in the Constitution to be realized if there is only one way, the first change of Article 37 of the 1945 Constitution. "If now without thinking of Article 37 will not be able to, because the key was there," said Professor of Islamic University of Indonesia, Yogyakarta.

Also, look at a number of issues that were in place at the hearing, Mahfud said that the Constitutional Court is expected to be the future Constitutional complaint authority. The purpose of the Constitutional complaint is that citizens are no longer legal channels, such as a person who has been sentenced but the sentence was wrong, but its status is PK (judicial review) in court, that bias submitted to the Court. "The case has been filed with the Court when the Court has no authority related to it," said Mahfud.

Furthermore, Mahfud also said that there are now many Supreme Court decisions that have been inkrach, but not implemented by the government. "And if we have the Constitutional authority of the complaint, was then taken to the Court. The Court could then be disconnecting its completion, "said Chief Justice of the Constitutional Court. This is in fact in the trial is being warmed up the problem.

The event was organized by ICIS with the Regional Representatives Council was also attended by a number of speakers is Vice Chairman of the Assembly Lukman Hakim Saifuddin, Former Chairman of the People’s Consultative Assembly Hidayat Nurwahid, Director General of Regulation Legislation Ministry of Justice and Human Rights Wahiduddin Adams. (Shohibul Umam / mh/Yazid.tr)

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