The Constitutional Court (MK) as a judicial institution that has created a culture of commitment of constitution for various segments of society often receives requests from various parties. And today, Monday (28/5), the Court once again honored with the visit of the delegation of teachers through the Learning Council (MGMP) Citizenship Education (Civics) as Purbalingga, Central Java. About 80 teachers will then have the opportunity to come face to face at the same time enriching the material received from Judge Hamdan Zoelva.

Hamdan expressed about the constitution of matter and the Court accompanied by a teacher who acts as moderator, the Marwono. Located at the Press Conference Room, 4th floor, Building the Constitutional Court, the material exposure Hamdan begin by stating that the current People’s Consultative Assembly (MPR) is no longer the highest state institution. "When the MPR is not able to do things at will as ever because all must follow the 1945 Constitution. Now the people’s sovereignty was not only given to the Assembly, but is given also to other institutions, one of them, namely the Constitutional Court, "said Hamdan.

This is in line with the principles of constitution is the supreme law of the land or the constitution is the supreme law of a country that is shared by Indonesia. With this principle then all returned to the state enforcement of the constitution. That is, how to organize the state, relations between the countries with the organizers, and the relationship between the state and the people have under the constitution.

Explaining about the constitution, Hamdan said the constitution is often associated with forms of written text. However, not all countries have a constitution in the form of a written text such as Britain and Israel. It becomes reasonable because in addition found in the form of written text, the Constitution also does not exist in written form.

"The constitution is set up organs of the state and authority-authority. The constitution is very important for a country as a consensus of the people who set the highest state issues such as economic relations between the state and its people as stated in Article 33 of the 1945 Constitution. In Indonesia this constitution became the constitution of political, economic constitution, the constitution of cultural, educational and even the constitution, "Hamdan said at length recorded carefully by teachers.

Hamdan then convey that to keep everything running according to the emerging needs of reviewing constitutional laws were deemed unconstitutional. The need for judicial review of cases that arise when Marbury vs. Madison in 1803 in the United States (U.S.). At that time, in the U.S. judicial review provisions are not listed in the U.S. Constitution, but the Supreme Court (Supreme Court), the U.S. made a decision written one at that time the U.S. Supreme Court Justice, John Marshall and supported by four other justices. The verdict stated that the court of competent jurisdiction invalidate laws that violate the constitution.

In Austria, precisely in 1920, a philosopher and a leading jurist, Hans Kelsen states that the provisions of the Constitution as the supreme law can be guaranteed its implementation will require an organization that can test a product is legal or not in conflict with the constitution. "Hans Kelsen’s idea became the basis of the formation of MK Austria which also became the world’s first Constitutional Court. While in Indonesia accounted for the MK-78 in the world," added Hamdan.

Testing Act of 1945 Constitution as the Court held that Austria is also owned by the MOJ (Court of the Republic of Indonesia). Although the MOJ has recorded four of the authority and the obligation to hear at first and final level the decision is final, Hamdan prefer to call it the five powers. Authority of the MOJ, which is tested against the Constitution Act 1945 (Puu), the authority to decide disputes of state institutions whose authorities are granted by the Constitution 1945 (SKLN), decided the dissolution of political parties, and decide disputes election results (PHPU) and liabilities owned one, which gave the verdict against Parliament opinion on the alleged serious violations of the law that made the president or vice president (vice president).

"All the Court’s authority is intended to guard the constitution. While the last is called shall be final and no longer attempt to appeal to judicial review. It Was to provide legal certainty. In addition the Court’s decision taken by the nine constitutional justices from three other state institutions, namely three of the MA, three from the House of Representatives, and three more than the President, so it will not take sides, "said Hamdan. (Yusti Nurul Agustin / mh/Yazid.tr)