Constitutional Justice Anwar Usman, Tuesday (15/5) morning, received the visit of the students from the Faculty of Law, University of Riau in conference room of the Constitutional Court (MK). On the occasion, MK Anwar to explain the history of the considerations made when the Court passed a decision in accordance with the intent and purpose of their coming.

In front of the students who numbered in their 30s, Anwar began to explain that in fact without the struggle of the students in 1998, perhaps the new institutions that exist today including the Constitutional Court would not exist. "Walaupn we never know and learning to the state which first established the Constitutional Court of Austria is the country with the character of Hans Kelsen," he said.

Later, he added, from the idea of Hans Kelsen and evidenced by the Constitutional Court established the first in the world whose objective was that the provisions of the constitution as the supreme law of the implementation can be guaranteed. The reason, one needs to examine the provisions of the laws that were contrary to the constitution."This is the main task of the Constitutional Court according to the idea of Hans Kelsen," he said.

Nevertheless, continued Anwar, when the Republic of Indonesia established the actual idea is reflected by Muhammad Yamin in the trial started the Independence Business Investigation Agency. Previously, he suggested there should be authority to compare a law. But by another lawyer at the time, he continued, Supomo not agree with this idea, because the idea does not correspond to the separation of trias politica firmly on the existence of legislative, executive, judicial.

Then the more important in the process of debate, Anwar said, at that time not many legal scholars have had experience. "So the idea of Muhammad Yamin did not take place when the Act of 1945 enacted on August 18, 1945," said Anwar told the event.

Therefore, with the support of students at that time, Anwar went on, the reforms carried out, and then there was a change after the 1945 reforms require changes in many areas. The rationale for the changes of the 1945 Constitution, according to Anwar, include the supreme power in the hands of the People Representative Assembly, and the enormous power that is also owned by the President. While many of a number of provisions that multiinterpretative. For instance, Article 24 of the Constitution before the amendment on judicial power.

"The explanation is called power (judiciary) are independent, but when it is implemented in the field, the President is authorized to intervene, even to stop the problem is the trial, the President has the authority," explained Anwar. "This includes also a result of the enormous power of the President."

On the same occasion, Anwar also describes the authority and obligations held by the Court under the 1945 Constitution. According to him, the Court authority to hear at the first and last a final decision is to test the laws against the Constitution. Meanwhile, the agency also has authority to decide disputes the authority of state institutions whose authorities are granted by the Constitution. Then, decide the dissolution of political parties, and decide disputes concerning the election results, according to Anwar also become Court’s authority. And for the latter, the Court also has an obligation that is required to 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.

Then there is a student who asked about the considerations that taken by the Court in deciding a case, including the General Election. In his judgment, said Anwar, the Court in the case of a violation of Election to consider a structured, systematic and massive."It’s an excuse to consider the petition to be granted," said Judge Constitution.(Shohibul Umam / mh/Yazid.tr)