Chief Justice of the Constitutional Court, Moh Mahfud MD states that lead agencies are not allowed to question the current constitution. The Court only has the obligation of carrying out an agreed constitution. "The Court shall exercise and should not judge a constitution," said Mahfud. But in point of academic discussion of the constitution should be done, whether it is necessary to change the constitution again or not.
According to Mahfud, Constitutional amendments that have been done still had a soul opening of the 1945 Constitution. For Mahfud, constitutional changes are not true to say out of the spirit in the Preamble. Because of the experience many times over the past replacement of the constitution, the Pancasila is still in line with the constitution. As the constitution is ever enacted, the Constitution of RIS and the Constitution While, clearly Mahfud quoting Soekarno, a different constitution is still considered appropriate and in line with the Preamble.
Mahfud further stated the background changes, there is no conspiracy when done.Demands changes in the constitution basically been around since long.Sejak1980’s, let it be raised by Ismail Suny, Yusril Ihza Mahendra and Mahfud said he has written about it. "I am writing a dissertation in 1993 and there was about changing the constitution." Therefore, according to Mahfud, the idea of change can come from anywhere and not really about international interest in the amendments made since 199-2002. Changes have been made, born of the needs and long-time demands.
Discussion about the constitution, although after discussion and ultimately important to do the change, according to Mahfud would later also there who disagree. So there is no one hundred percent approved the constitution of citizens. At the time of the 1945 Constitution agreed by Mahfud, was also there that do not agree. So it is not possible all the amendments approved. "The most important change in procedure is done properly and do not violate people’s rights," concluded Mahfud.
Principles of these idea Mahfud conclusions conveyed directly from Sahid Hotel of Makassar on Wednesday (29/2) when the first sound of your voice Constitution entitled "Constitutional Change" held at the Court Building, Jakarta, which aired live by Metro TV. Mahfud convey attended the Constitutional Justice M. Alim, Secretary General of the Court Janedjri M. Gaffar, an expert on constitutional law Guntur Hamzah and other participants who attend together of alumni UII Jogjakarta.
Meanwhile, Voice Your Vote event held at the Constitutional Court was followed by the Constitutional Court Hamdan Zoelva, Vice Chairman of the Assembly Lukman Hakim Saifuddin, Deputy Chairman of the DPD Laode Ida, Member of Parliament Abdul Malik Haramain, an expert on constitutional law, namely Yusril Ihza Mahendra and Arif Hidayat, religious leaders KH Hazim Muzadi and two retired military, Kiki Syahnarki and Tyasno Sudarto. In addition to the figures, the event was followed by dozens of students.
Of the figures who attended the event, his ideas about changing the constitution and there is no uniformity. There are proposals will change or change the terms, and while other opinions expressed do not need to be done, even to return to the original manuscript of the 1945 Constitution. Regarding the change, among other proposals appear to be done first in-depth study, the change is really the people’s needs, the proposal is not only the interests of the institution, according to the principles of the constitution and the changes were made to be seen, while disapproval of change, partly because the force of the amended The new 14-year, which is more important is the implementation.
Hamdan who had responded as a principal change in the constitution states, the change in the constitution reflects the will of the people of certain statements."That’s the answer to the needs of the time," he said. So, if one day the desired changes, then the will of the people if it can not be resisted. Change can only be done if the time is willed so. There are some basic agreements that should not be changed during 1999-2002 constitutional changes take place, namely the opening. At that time, it performed simulations and none of them conflict with the preamble, if there are differences of interpretation. (Miftakhul Huda/Yazid.tr)
Friday, March 02, 2012 | 21:12 WIB 129