Constitutional Justice Akil Mochtar: The 1945 Constitution Before Amendment Have Many Weaknesses

The 1945 Constitution before the amendment to the 1999-2002 has many drawbacks. Among them, it is unable to resolve disputes that occur between state agencies. In addition, it has given the executive too much power in running the government.

"Even now, the role of the executive is still large. Because it is a presidential system gives greater power to the President as Head of State or Heads of Government in the conduct of governmental authority, "explained Constitutional Justice M. Akil Mochtar as giving ‘short course’ to the students of the Faculty of Law (FH) University of Riau who visited the Constitutional Court (MK), Monday (23/4) morning.

The other downside to the 1945 Constitution before the amendment, said Akil, the interpretation of the term of office of the president who said "the President can be re-elected". Understanding "can be re-elected president" interpreted "to be many times’. Not surprisingly, the term of office of President Soeharto at the time of the new order could take up to 32 years. "Pak Harto can be the President many times," said Akil, who was accompanied moderator Mukhlis R. SH as Supervisor FH Riau University.

However, in the 1945 when it was explained that the President and Vice President can be elected directly in a single election. Unlike the first, that the President and Vice President shall be elected by the People’s Consultative Assembly (MPR).

"With the model and in that way, then the mechanism of checks and balances to maintain a balance between state institutions can be well ordered. Why? Because of state institutions and state agencies the authority-the authority mentioned in the Constitution. For example, what the authority of the President, what is the procedure to choose the president, who can be a presidential candidate, it’s all in the Constitution," explained Akil.

Akil further explained, in a horizontal perspective there is the notion of democracy based on law (constitutional democracy), which contains four basic principles, namely the guarantee of equality and equity in common life; recognition and respect for difference and plurality; the binding rules and used as a source with references; a dispute resolution mechanism based on the mechanism that obeyed the rules together.

These four basic principles mentioned above, typically instituted by adding the principles of state law (nomocracy) the recognition and respect for human rights; limitation of power through the mechanism of separation and division of powers with constitutional dispute resolution mechanism between the state, either vertically or horizontally.

 Principles of state law, the judiciary is independent and impartial decision by the highest authority on the basis of justice and truth, the establishment of special courts to ensure justice for citizens who are disadvantaged due to the decision or policy of the government (state administration officials); to the mechanism of judicial review by the judiciary against the norms of legislative provisions, both of which are set by the legislature and the executive made the constitution and laws and regulations governing the implementation of the guarantees of these principles; and recognition of the principle of legality or due process of law in the whole system of state administration.(Nano Tresna Arfana / mh/

Monday, April 23, 2012 | 16:16 WIB 217