---

The students were visiting Yogyakarta Ahmad Dahlan University of the Constitutional Court (MK) on Friday (24/2) morning. Purpose of their coming was to know better, including the authority and obligation to understand the Court, as well as through direct exposure processes of constitutional justice. Constitutional Justice M. Alim accepted their presence and continued with the presentation of a brief lecture about the "State of Law, Justice Principles, and the proceedings in the Constitutional Court".

Judge M. Alim, among others, describes the authority-the authority of the Court, pursuant to Article 24C Paragraph (1) of the 1945 Constitution. Primarily, the Court authority to hear at the first and last a final decision is to test the laws of the constitution.

"Testing is not always left to the constitutional court.  TAP MPR No.III/MPR/2000 reviewed the authority of the Constitution Act of Parliament. Tested against the Constitution Act authority granted to the courts, the Court referred the matter to judicial review, "explained Alim.

Authority following the Constitutional Court, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution. For example, if there is a dispute the authority of the Parliament and the Council, as both institutions are given authority by the Constitution.

"In any dispute, all parties feel right. Even so, which side is right, cannot be determined by the parties. Surely, the interests of the parties were to be resized. Therefore, to determine the correct parties in a dispute submitted to the court, in this case the Constitutional Court" said Alim.

The Court also has authority decisions on the dissolution of political parties and decided disputes concerning the election results. In addition, there is an obligation which the 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.

On that occasion, Alim explains the provisions of Article 1 Paragraph (2) of the 1945 Constitution which stipulates that the sovereignty or supreme power in the hands of the people and carried out according to the Constitution, which in political science known as popular sovereignty or democracy.

"In the 1945 Constitution, in addition to Article 1 Paragraph (2) above, there are two more significant places of popular sovereignty or democracy, namely the fourth aline 1945 Constitution which reads, ‘... which is formed in an arrangement of the sovereign Republic of Indonesia the people’ and The fourth precept of the Pancasila Democracy guided by the wisdom in solemn deliberation / representation, "said Alim.

Alim went on, there is also a term nomocracy. The word ‘nomocracy’ comes from the word nomoi meaning of law and meaningful karatein or kratos power. So, nomocracy understood as the rule of law.

"In summary, under the provisions of Article 1 UUD 1945, Indonesia is a democratic constitutional state or a democratic state based on law that put the interests of the law," said Alim in his presentation. (Nano Tresna A. / Mh/Yazid.tr)

 

---