IAIN Walisongo Students of Semarang Come to Court

A total of 200 students IAIN Semarang Walisongo had been to the Constitutional Court (MK), Wednesday (18/4) morning. Their arrival was received by the Court researcher Abdul Goffar in the Hall, which continued with the ‘short course’ about the MK and other related matters concerning the functions, the authority of the Court and others.

Abdul Ghoffar started the meeting by explaining the historical background of judicial review in the world. It started from the case of Marbury vs. Madison in 1803 in the United States. Although the judicial review provisions are not included in the current U.S. Constitution, Supreme Court (Supreme Court), the U.S. made a decision written one at that time the U.S. Supreme Court Justice, John Marshall and supported by four other justices. The verdict stated that the court of competent jurisdiction invalidate laws that violate the constitution.

History of judicial review continues to grow until 1920. At that time, a philosopher and a leading legal experts from Austria, Hans Kelsen is inspired by "The case of Marbury vs. Madison" declared that the provisions of the Constitution as the supreme law of the implementation can be guaranteed, it is necessary to examine the organ of a legal product in conflict with the constitution or not. "Hans Kelsen’s idea became the basis of the establishment of the Austrian Constitutional Court to the Court’s first in the world," said Ghoffar.

Years later, in the early 2000s, the Ad Hoc Committee could ask the chief justice at the time of its readiness authorized judicial review. At that time Chief Justice said it was not ready. The reason for this, as the Supreme Court was handling cases which are so many.

As a result, after the third amendment to the 1945 Constitution, through Article 24 and Article 24C Paragraph (1) and Paragraph (2) of the 1945 Constitution, stated that the judicial power is not only done by the Supreme Court but also by the Constitutional Court (MK) with jurisdiction over the the first and last a final decision is to test the laws against the Constitution. MK was officially born on August 13, 2003.

After describing at length the various matters relating to the Court, including the power and obligation of the Court, then conducted a question and answer event. Various questions came out of the participants. One question that remains a hot topic, is the "Decision of the Constitutional Court on Children Outside of Marriage".

"Does religion protect children outside of marriage? Does it protect the country until the second child out of wedlock?" explained Goffar questioned.

About children outside of marriage, the percentage of informed Goffar child births outside marriage in some countries. In Malaysia for example, in 2010 the number reached 14%. While in Europe, like Britain, the number jumped from 12% in 1980 to 42% in 2004. Furthermore in countries other EU average of 33% in 2004. Then in the United States in 2007 was around 40%.

Relevant decision of the Court regarding the child outside of marriage, Goffar asserts that the Court did not legalize adultery. Court is just trying to provide protection to children born outside marriage as a fellow citizen. Basically innocent child and an act committed by two people, both the mother and her biological father, should be charged to parents. Biological father was also responsible for a civil suit against the child’s birth. (Nano Tresna Arfana / mh/Yazid.tr)

Wednesday, April 18, 2012 | 19:29 WIB 209