Akil Mochtar: Justice Values Higher than Law
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All students of the Faculty of Law (FH) Indonesian Muslim University (UMI), Makassar, visited the Constitutional Court (MK) on Monday (20/2) morning. Their arrival is received directly by Constitutional Justice M. Akil Mochtar, a short lecture followed by a variety of matters relating to the Constitution and the Constitutional Court in various countries and Indonesia.

On that occasion, Akil, among others, explains the role of the constitution as the supreme law in a country. Purpose of the constitution, says Akil, the first is to obtain justice is worth more than the law.

"Justice has its own philosophy in it and cover broad aspects, ranging from the economy, authority, and so on," said Akil.

The next goal of the constitution, continued Akil, is so orderly in the nation and state, there is a handle to run the government that is democratic and fair, and to realize the ideal values such as independence and freedom and prosperity, and prosperity together. 

"All of that set forth in the Preamble of the 1945 Constitution," Akil said.

"Thus, the constitution must be able to make a prosperous country. If a country into a corrupt state, it should be amended constitution, "said Akil.

 

History of the Court

Akil also explained the Constitutional Court of Indonesia and the growth of the idea of judicial review. "The Constitutional Court of the Republic of Indonesia is that the 78th Court in the world. As is known, the idea of the formation of Court in different countries based on the notion constitutional law expert Hans Kelsen," he said.

Akil further describes various reasons to the establishment of the Constitutional Court in the world. First was to understand the implications of constitutionalism. Indonesia adopts a constitutional democracy. Second, as a mechanism of checks and balances system, or as a system of separation of powers.

"The mechanism of checks and balances system is required in order to avoid overlapping between the authorities of state institutions. Under the rule of law, the relevant control system is judicial control. The Court lay as part of the judicial authorities will be encouraged mechanism of checks and balances, "explained Akil.

The next goal is the establishment of the Constitutional Court to give birth to a clean state administration. Because the Court is a state power that can be placed to control the accountability of public officials in carrying out its duties and functions, in order to stay grounded in morality and the interests of citizens.

"In addition, the establishment of the Constitutional Court was as the protection of human rights. For example, there are citizens who want to test the law, one should not. Provided that there are constitutional rights that feel harmed by the discharge of a law," said Akil. (Nano Tresna A. / mh/Yazid.tr)


Monday, February 20, 2012 | 16:00 WIB 233