The Constitutional Court (MK) in the absence of ultra petita (verdict exceeds the petition) may actually be easier, just reject all laws that conflict with the 1945 Constitution. It is delivered by the Constitutional Justice Maria Farida Indrati when receiving requests FH University Graduate Students of March took place in the Conference Room of the Court House on Monday (13/2).
"Ultra petita actually been around since the Court was standing, just call the Madison case. Actually, the absence of ultra petita, it further facilitates the Constitutional Court. The Court need only declare void laws that do not conflict with the 1945 Constitution, "said Maria in front of 20 people of Graduate Student of March Eleven University.
Maria went on sometimes found the petition requesting the cancellation of a key article, which if the article was canceled, then the other chapters would be useless. For this reason, continued Maria, it is necessary to the decision of ultra petita. "If the key section does not apply, then the related section shall not apply as well as inter-related. Sometimes people refer to the Court as a positive legislator for interpreting some laws. That’s because the article is usually 50% against the 1945 Constitution, but 50% do not conflict with the 1945 Constitution. Thus, the Court interpreted it along the interpreted according to the interpretation of the Constitutional Court. The Court must maintain the constitution to remain to be implemented by all the people of Indonesia, "said Maria.
In addition, she also discussed the function and position of the Constitutional Court set out in article 24 of the 1945 Constitution. Among the fourth authority to test legislation against the Constitution of 1945, the dissolution of political parties resolve disputes, adjudicate disputes the authority of the institution named in the 1945 Constitution as well as resolve disputes both legislative election results, President - Vice President and regional levels. "But until now, the Court has never been a case in the dissolution of political parties and presidential or vice presidential impeachment," he said.
Alluding to the decision of the Court, Maria explains a law that canceled the Court would not apply since the pronunciation of the decision of the Court. "Later Constitutional Court’s decision will be given to the Supreme Court, House of Representatives, and the Government. If granted, it will be given to Menkumham to be loaded in the minute’s state, "he explained. (Lulu Anjarsari / mh/Yazid.tr)
Tuesday, February 14, 2012 | 06:40 WIB 127