Muhammadiyah University of Jember visited to the Constitutional Court, Monday (13/2) morning. The group is from the Faculty of Law which amounts to about 100 students and was accompanied by his supervisor with his Dean of the Faculty of Law, Adi Winarto.The delegation was received by Head of Trial Court Muhidin in the Hall Building Association, Jakarta.
In the early opportunity to give reasons for his arrival, Adi represents the student expressed his desire to learn and study more closely the authority and obligation of the Court which was considered quite central in Indonesia. "Therefore, the students want to study more closely. Because not all states have the authority, as the Court, "said Dean of the Faculty of Law.
Muhidin addressed by the desire to explain about the role and history of the Constitutional Court was established in Indonesia. According to him, if you want to know the beginning of the Constitutional Court stands, must be seen in Article 1 paragraph (2) of the 1945 Constitution reads, "Sovereignty belongs to the people and carried out according to the Constitution."
In this case, he said that Indonesia is a country of law and democracy. That is, the people of Indonesia cannot see if any state has only a democratic system. Vice versa, if there is no constitution, no state will ever manage. "Without the law, the state will lead to tyranny of the majority," said Muhidin.
However, Muhidin continue, the constitution as the supreme law there must be an escort and there should be a judge when there are those who violated the constitution. "So that’s what duties now held by the Court in any of the powers of judicial review," he said.
Muhidin also added that if the talk related to the judicial review held by the Court, in fact the Supreme Court (MA) also has the same authority. However, according to him, the Court examined the Act against the 1945 Constitution, the question whether the law is constitutional or not? "While the Supreme Court, reviewing the Law under the Act, or the Supreme Court to test its legality can be said only," said Muhidin.
As for talk related to the democratic constitutional state, said Muhidin, before people had a supreme body, namely the People’s Consultative Assembly. But this time, the agency is no longer the same task or role. "So, now the system of checks and balances included the Constitutional Court to check and balance against other state institutions, "he said.
In addition to speaking countries Indonesia is a democratic constitutional state, Muhidin also associated with the task of explaining the Constitutional Court as a principal institution of judicial power. According to him, as the judiciary, the Constitutional Court has the task to judge, examine, and decide on an issue that goes in the trial.
However, he also explained why the Judicial Commission (KY) different, whereas in the 1945 Constitution states, KY entered in the Chapter Judicial Power? Therefore, Muhidin said, even if included in the Chapter KY Judicial power, but nature does not produce a decision, but merely a recommendation.
Then enter the question and answer session, there is one of the students who asked the Constitutional Court’s decision is final and binding. The student, whether there is a correct decision when there is an error in judgment? Muhidin responded affirmatively, the Constitutional Court’s decision not to correct, and should be implemented. "However, the general public can read and assess the decision of the case file that can be viewed on the Court website," said Muhidin.(Shohibul Umam / mh/Yazid.tr)
Tuesday, February 14, 2012 | 06:44 WIB 255