Haluoleo University students Visited the Court
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The Court Chief of Staff who is also a researcher, Fajar Laksono Haluoleo University students received a visit, Thursday (9/2). Fajar in the visit which took place in the conference room, 4th Floor, also provides material about the authority of the Court.

"Thank you for choosing the Court to place a visit. That is, there is interest in the students to the Court. Actually, every day of the Constitutional Court received a visit like this and we welcome all of the Constitutional Court. Hopefully this learning model can provide more knowledge, "said Fajar starting material exposure to approximately 40 students that the yellow-jacketed alma mater.

Fajar further explain the current peak power of the judiciary in Indonesia is divided into two, namely the Supreme Court (MA) and the Constitutional Court (MK). That means more Fajar, Supreme Court and the Court has an equal position in the hierarchy of constitutional Indonesia. Equality was in line with the enactment of the functional paradigm of horizontal power hierarchy. "If the first state agencies are divided into the highest state institutions, state higher institutions, and state agencies, now converted into a functional paradigm is horizontal. The department is currently divided according to function, "explains Fajar.

The functions of each state agency clearly stated in the 1945 Constitution, including the Constitutional Court functions listed in Article 24C of the 1945 Constitution. The authority of the Constitutional Court is to hear at the first and last decision is final for testing against the 1945 Act, the authority to decide disputes of state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, to decide disputes election results, and an obligation to give a verdict against the opinion DPR regarding alleged violations of law committed by the president and vice president of the 1945 Constitution.

"And only two of all the authority of the Court that the Court has never done, which is dissolved political parties and to decide impeachment of the president or vice president," said Fajar.

Fajar went on to explain one by one authority of the Constitutional Court more clearly. First he explained the judicial review under the authority of the Court. Judicial review is possible when a conflict occurs between the 1945 Act.

Fajar went on to explain that the authority has been in every MK in the world. However, sometimes there are countries that do not have the Constitutional Court in a system of political subdivisions. Then put the authority of judicial review under the authority of the Supreme Court. "Not all countries have Constitutional Court. It could be due to a different system or a political subdivision may be the authority for judicial review to exist in the Supreme Court as it did in the Philippines, Timor Leste, and Colombia, "explained Fajar.

Fajar says then judicial review is intended to test the consistency of a norm to the norm on it. Judicial review, Fajar continued, could be implemented when there are tiered in constitutional law in Indonesia.

Fajar explained the Court subsequently confirmed as the first and final judicial decision is binding and final. That is, when a party filed a petition in the Court case, then someone is not able to appeal against the decision of the Court. It’s different from what happened in MA. When a person is dissatisfied with the decision of the Supreme Court, then he can appeal and proceed with the review that can be done many times. When the Court decided a case, since when the verdict was pronounced all parties, including those that are not litigants, should be subject to the decision.

On the dissolution of political parties, Fajar explained that before the Court, the government could easily dissolve political parties which are not one ideology with the ruling party. In fact, many parties in the new order to be fused to the three parties are considered to represent the ideology of the other parties. Meanwhile, the Constitutional Court can not dissolve a political party just like that. MK only decides upon the dissolution of political parties which can only be filed by the government.

Fajar exposure continued until 11:00 am through. The students also seemed enthusiastic about the many things to ask Fajar. (Yusti Nurul Agustin / mh/Yazid.tr)


Thursday, February 09, 2012 | 21:53 WIB 189