"Basic Law (Constitution) 1945 prepared by the Constituent Assembly which consists of various sects and tribes, including the scholars of Nahdhatul Ulama, so that radical Islamic groups that reject the constitution is an a historical group on the formation history of the constitution," remarked chairman of the Constitutional Court (MK) Mahfud MD, in the presence of the students, teaching the constitution in the event that took place at Islamic boarding school (ponpes) Tebuireng, Jombang, East Java, Saturday, April 7, 2012 yesterday.

Mahfud further explained, the Constitution is a living instrument of state as the reference of all the nation’s problems, and in a constitution always contains the protection of Human Rights (HAM) and the division of state power. Added former Defense Secretary Gus Dur era is that in life as a state which is set in the constitution is a necessity, because once a man is born into the world he had become part of a country. So now we can not live without a country, and according to the law adopted by Indonesia, a person born of parents of Indonesian nationality, then he automatically has the citizenship of Indonesia, although he was not born in Indonesia.

Associated with the decision of the Court in the Act (the Act) Marriage is considered controversial by some, especially among the clergy, according to Mahfud, it is not just happening in the decision of the Law, but also occurs in the decision of the Court in recent testing laws, and Constitutional Court’s decision that was the basis for other courts in deciding a case.

At the same time, caregiver’s of ponpes Tebuireng Solahudin Wahid said the constitution has a broad scope, and a lot of things in constitution unpeeled, with the existence of constitutional doctrine, he hopes residents can be moved ponpes awareness of his constitutional rights.

ter opening for the students study the Constitution, Chief Justice of the Constitutional Court Mahfud MD attended the event along with 75 caregivers of ponpes halaqoh of East Java, which took place at the residence of the caregiver Ponpes Tebuireng, Solahudin Wahid.

On the occasion, Chairman of the Constitutional Court’s decision in the Court describes the testing of the Marriage Law, which was considered controversial among scholars. According to him, civil law is decided by the Court is not the same as someone nasab or lineage, because the relationship is not civil nasab relationship, however, the relationship nasab is part of a civil relationship. Further confirmed, albeit through a child’s decision to have a civil relationship with their parents, not necessarily the stretcher children also have a civil relationship with their parents or the father’s brother. According to him, any adverse legal actions, including adultery, must be justified, so that a man who did it and produce a child from doing so and must account for his actions.

Expressed by Mahfud, he felt saddened by groups who have not read and understand the decision of the Court in the Marriage Act, but continued to attack the Court. Even many who do not understand the law, but has been likened to the relationship between civil nasab relationships. Mahfud explained, the Court in its decision is so clearly stated, that relationship is a civil relationship, and the Court has never declared the relationship is a relationship or nasab lineage.

Mahfud further said, the attacks of some groups do not only happen in the case of the Marriage Law, but also in some other testing, and the Court remains at its foundation, to hold and maintain the current constitution.

Against some of the questions raised, he admitted feeling more suitable constitution served as a judge other than the offce, because the constitution served as a judge, he felt more able to play a role in stemming the other ideological attack trying to get through the testing of the Act to the Constitutional Court. (Ilham/ mh/Yazid.tr)