Participant of Education and Training National Archives of the Republic of Indonesia (ANRI) visited to the Constitutional Court (MK), Wednesday (23/5). The visit was intended to gain deeper knowledge about the Court and filing system of case files that exist and have in MK. The training participants coming from various regions in Indonesia was given the honor by the Constitutional Court about the matter directly from one of the judges MK Ahmad Fadlil Sumadi. In addition to their material from Fadlil, the participants also traveled to space and space records the minutes of the Court hearing to determine the stage of filing in the Court.

On that occasion, Fadlil deliver material about the 1945 changes, the implications of the 1945 amendment, to the dissemination of the decision of the Court. Starting explanation, Fadlil said that the era of the 1990s turmoil of political dynamics in Indonesia which reached its peak in 1998. "Changes in the 1945 Constitution since 1999 until four years later, that is until 2002. The 1945 change was a response from the political dynamics that took place since the beginning of the 1990s and peaked in 1998, known as the era of reform," said Fadlil.

Fadlil then explained that the political dynamics which peaked reforms occurred either because of state does not comply with the principles of law and democracy. Before the 1945 amendments occur, the system of majority is "honored" in the administration of the country. As a result, the state administrators can execute arbitrary authority to cause harm to the people at that time. "So that (state officials, red) are not arbitrary, the implementation balanced with law. That is why Indonesia is referred to as state law," continued Fadlil.

Fadlil then gives an example of application of the rule of law is also the authority of the Court, the House of Representatives decided the alleged violations committed against the president or vice president that can be derived from power. "Dismissal of the president is not enough with the political mechanism, must be proven in court (Constitutional Court in this case, red) had later handed back to the Assembly," he added.

Turning to the principle of checks and balances, Fadlil said that before the 1945 amendments to the position of alignment between state agencies. In other words, there is a state agency whose position is higher than other state agencies so that the relationship between state institutions held vertically. After the 1945 amendment, further Fadlil, standing among state institutions so that the parallel between the state agencies can offset each other with a mechanism of checks and balances.

Complementing the explanation, Fadlil said that the current state and state officials should be subject to the law. So it is not surprising that found members of parliament, ministers, and heads that have been arrested for involvement in a case. "If it had before the amendment, they (state officials, red) no one can be punished, untouchable. Only people can be detained. If now all be retained, subject to the law, it’s called equality before the law," said Fadlil.

Associated with the authority of the MK test the laws against the 1945 Constitution, Fadlil explained that it was in accordance with the legal hierarchy. The Constitution as the supreme law must be upheld. And one form of enforcement is to be tested it a law that is considered contrary to the 1945 Constitution, to the detriment of citizens’ constitutional rights.

"Although members of the House as much as 505 people plus a president elected by about 60 percent of Indonesia made a law then there is a group of people who feel the law could be sued for harm to the MK. Back then, a law cannot be contested, "said Fadlil that also convey the implications of the 1945 amendments to the other to rule on the dispute the authority of the Constitutional Court as the election (PHPU) and decided the case disputes between state institutions (SKLN).

After getting the material from Fadlil, the training participants of ANRI around to see the ins and outs of the trial in the Court building. They had seen the Court courtroom, court records space, and space treatise. Associated with the filing, the ANRI training participants were told that everything that goes into the case file from the application to the Constitutional Court ruling can be accessed on the Court website. Special to the Constitutional Court ruling that equated with the law, the judgment is entered into the state news. As for the other files neatly organized and provided to the ANRI to be managed. (Yusti Nurul Agustin / mh/Yazid.tr)