University of Malaya and University of Pancasila Visited the Court
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The Constitutional Court (MK) had a visit from students from the neighbor country Malaysia, the University of Malaya students who are following the exchange student with the University of Pancasila, Friday (10/2). In addition to the University of Malaya students, students from the University of Pancasila also visit the Court at the same time. Approximately 40 students are accompanied by a joint supervisor of the University of Pancasila. The arrival of the group is received by the Constitutional Justice Muhammad Alim. On that occasion Alim also had opened the previous question and answer forum began with the exposure of the material surrounding the authority of the Court.

"God willing the children who attend this could be the future leaders of the nation. Because of our elders, this would naturally retreat, "said Alim gave Intermezzo before the start of his presentation.

Alim then tell about the history of the formation of MK. He said the Constitutional Court is a new state agency in Indonesia. MK is present as a result of the Third Amendment of the 1945 Constitution, on Article 24 paragraph (2). The article reads, "The judicial power exercised by a Supreme Court and judicial bodies underneath it in the general courts, religious courts, military courts, administrative courts, and by a Constitutional Court."

Article 24 paragraph (2) explains that the Court is one of the implementation of judicial power, together with MK.

As for the Constitutional Court the authority contained in Article 24C paragraph (1) of the 1945 Constitution. In Article 24C paragraph (1) the authority of the Constitutional Court declared, the judge at the first and last decision is final for the test of 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 decision against the opinion of the House of Representatives regarding the alleged violation of law committed by the president and vice president of the 1945 Constitution.

Alim then explained that the Court is only the case of testing against the 1945 Act are to be tried. This is different to the Supreme Court hearing a case which has the authority under the Act of testing regulations to the Act. Alim move by explaining that the testing of the Law on the Constitutional Court is the judicial review. The reason is, the norm was tested in the courts. In contrast to the legislative review, institutions that can hold a legislative review as the former Act is Parliament itself.

Turning to the authority of the Court who can decide the dissolution of political parties (political party). Alim describes such authority before the Court is owned by the Government. So that the new order of government and the old order in Indonesia, many political parties that disbanded just because the government did not like the parties concerned. "If now the government should not be immediately dismissed, the process must go through the courts. Government can invoke the dissolution of political parties to the Court. While the other parties, whether individuals or groups could not.

One of the students of University of Malaya, Izham at the end of the show said his admiration for MK. "When I first entered the Court House immediately felt his prowess. The judges were also great. We here get a new science, because in Malaysia there is no Constitutional Court, we only have the Supreme Court, so this makes us understand the difference of the judicial authorities in Indonesia and Malaysia, "said Izham who claim to want an event like this is still being done to the students of University of Malaya in the coming years. (Yusti Nurul Agustin / mh/Yazid.tr


Friday, February 10, 2012 | 21:18 WIB 202