MGMP PKN of High School of Demak Visited the Court
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Consultative Group Citizenship Education Teacher Lesson (MGMP PKN) of High School of Demak been to the Constitutional Court. They were received by the Head of the Trial Court Muhidin on Wednesday (2/5) afternoon.

On that occasion, Muhidin explain various matters relating to the legal system in Indonesia, the formation of MK, the role and functions of the Court, to the exercise of authority for this Court. According to him, on the principle of law in Indonesia is a mixture of the two legal systems, namely civil law and common law. Thus, the law is not only meant as a written law, but also from the practice of law for the realization of justice. "In terms of substantive justice," he said.

In terms of legal basis, the formation of the Constitutional Court set forth in Chapter IX of the Constitution of 1945 Amendment. Especially, it was in Article 24C of the 1945 Constitution. Muhidin said, MK is the holder of judicial power in Indonesia, in addition to the Supreme Court. "The power of judicial duty was to examine and try the case. Products through the verdict, "he said. Thus, it was excluding the Judicial Commission as an agent of judicial power.

The multiple roles and functions of the Court, said Muhidin, is the guardian of the constitution, sole interpreter of the constitution, the guardian of democracy, as well as protectors of citizens’ constitutional rights. As guardian of the constitution, the Constitutional Court is authorized to examine and judge whether a law contrary to the Constitution or not. "If deemed unconstitutional by the Constitutional Court, the law will be declared no longer binding legal force," he explained.

However, Muhidin reminded, in a trial in the Court, the judge cannot adjudicate the constitutionality of an active law without prior request or lawsuit. "The Court cannot be looking for cases. So it’s passive, waiting for it, "he said.

Meanwhile, in order to act as guardian of democracy, the Court sought through examination of the results of the election dispute case (PHPU) and PHPU head area.The proof, the Court has ruled that in completing the case PHPU not only judging from the results of the vote count, but also consider the processes that affect the election results. "Because the results are influenced by the process," he added.

After delivering the material, Muhidin also had to serve some of the questions from the participants of the visit. (Dodi / mh/Yazid.tr)


Thursday, May 03, 2012 | 08:47 WIB 152