Hundreds of teachers from Banyumas Teachers who are members of Congress Subject (MGMP) Citizenship Education (Civics) as Banyumas, Central Java, jointly visit to the Constitutional Court (MK), Monday (7/5). Their arrival is received directly Constitutional Justice M. Akil Mohctar, and followed by exposure to a brief history of the formation of the Constitutional Court judiciary.

Akil the occasion said that after the reform in 1998 there was a consensus among the public to amend the 1945 Constitution. "With the changes to the Constitution, we perform the realignment of functions and positions of our constitutional system that has been amended by the Constitution," the judge said the constitution.

However, the most fundamental change in the form of time, Akil continued, contained in the amendment of Article 1 Paragraph 2 of the 1945 Constitution. The consequences of these changes of sovereignty that the full power in the hands of the People’s Consultative Assembly became popular sovereignty carried out according to the 1945 Constitution.

"So with the sovereignty is in the hands of the people according to our constitution that resulted from a power-sharing system to the system of separation of powers," he said. Such case resulted, plus Akil, Indonesia adheres to the schools of constitutional democracy. "It means democracy is in the hands of the people, but done according to the principles of the constitution. That is where we make changes, "said Doctor of Law University of Bandung’s Padjadjaran.

Then the next significant change, continued Akil, is mentioned in Article 1, Paragraph 3 reads, "Indonesia is a State of Law". He said, reinforcing that Indonesia is a democratic constitutional state and democratic state based on law. "But if democracies freely uncontrolled, then the tyranny of the majority happens," explained Akil.

And finally, why is there the Court in the state system of Indonesia, according to him, because then people would prefer an amendment constitutional democracy, the principle checks and balances. "So if there is a dispute there must be a complete institution," said Akil. "It’s an integral part of the constitution," he added.

On the other side of the MK institutions, according to Akil, authority and duties are directly mentioned in the 1945 Constitution. Authority is the Court authority to hear at the first and last a final decision is to test the laws against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution, to decide the dissolution of political parties, and decide disputes concerning election results general.

Next, says Akil, the Court also has an obligation which the Court shall pass a decision on the opinion of the House of Representatives regarding the alleged violations by the President and / or the Vice President by the Constitution. "That’s the direct authority of the Constitutional Court of the Constitution," he explained.

In his travels, continued Akil, disputes of Election Result under the authority of the Constitutional Court as well, which came under the authority of the Supreme Court judiciary. "It was the only authority of the Constitutional Court did not directly from the Constitution," he said. (Shohibul Umam / mh/Yazid.tr)