Performance of the tasks of government in all aspects of life that is part of the task of the modern constitutional state (welfare state) which is providing the general welfare (bestuurszog) or called as a public service.
"From the quote above, we conclude that the welfare state the government actively sought in order to improve the welfare of its citizens, emerging in the western world at the end of the 19th century.
In Islamic teachings, said Alim, including the leader of the government is the servant of the people, so that leaders or governments of Medina, arranged according to Islamic law it is the servant of the people of Madinah.
"That is, the Medina is a welfare state or a modern constitutional state, not the usual classical laws known as the ‘night-watchman state’ (nachtwakerstaat) where the government acts only in the event of acts that disrupt public order and safety, not interfere in economic affairs and social, "explained Alim.
Alim further describe the characteristics of state law. Among scientists there are two terms with the characteristics of each that is the rule of law and rechtstaat. The rule of law, as stated by A.V. Dicey made up the rule of law, equality before the law and protection of human rights in the Constitution and court decisions.
"Rechtsstaat by Frederich Julias Stahl characteristics is the protection of human rights, separation or division of powers, the principle of legality, as well as administration of an independent judiciary," said Alim.
While the International Commission of Jurists at the 1965 Bangkok conference states that the characteristics of the following state law, the state must comply with the law, government to respect individual rights, and courts are free and impartial.
Alim also explained, the authority-the authority of the Constitutional Court of the Republic of Indonesia, according to Article 24C Paragraph (1) of the 1945 Constitution. Court authority to hear at the first and last a final decision is to test the laws against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution, to decide the dissolution of political parties and decide disputes concerning the election results.
"Then shall the obligation of the Constitutional Court issued a decision on the opinion of the House regarding the alleged violations by the President and / or the Vice President by the Constitution," said Alim. (Nano Tresna A. / Mh/Yazid.tr)
Thursday, February 23, 2012 | 18:05 WIB 196