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Because of the curiosity to know directly the state judiciary system of the Constitutional Court (MK) and its powers and duties, dozens of students College of Law (STIH) Muhammadiyah Kalianda Lampung, accompanied by supervisor, came to Jakarta for a visit to the Constitutional Court on Friday (15/6) morning.

They were received by the Constitutional Court Ahmad Fadlil Sumadi in Press Conference Room, the Court, Jakarta. Then, Fadlil Sumadi began to explain the 1945 changes that affect the formation of MK in Indonesia in accordance with the wishes of one delivered by a number of these students.

According to him, the 1945 changes that occur in the 1999-2002 series takes place in four years. In this case, the most fundamental changes occur in Article 1 paragraph (2), reads, "The sovereignty of gentleness in the hands of the people and carried out according to the Constitution".

With the change, said Fadlil Sumadi, Indonesia no longer recognize the Supremacy of Parliament or replaced People’s Consultative Assembly (MPR) as the highest state institution in accordance with the 1945 Constitution before the amendment, but the highest after the change is the Constitution.

"Therefore, the implications of these changes make the institutions of the host country level, and none of the most high. The highest is the constitution," he explained.

Explained again by Fadlil Sumadi, there are other implications to the change at the time of the 1945 Constitution. For instance, before the change throughout the authority and duties of state agencies unless the Assembly, given its own through the Assembly. "So every year or five years, he (the number of State agencies except MPR) is responsible to Parliament," he explained.

But after the change, continued Fadlil, such things no longer happen. Due to the relationship between state institutions after the change are equal, and the nature of the relationship are checks and balances or a relationship of mutual control and balance each other.

Furthermore, continued Fadlil Sumadi, Indonesia during the independence until around 2003, the constitution can never be enforced. It’s only the president can enforce. Though the president to be part of a legal person governed by the Constitution, and the president did not have the authority to determine whether a person or legal entity is constitutional or unconstitutional.

"Therefore, we want a constitution as the law should be enforced," he said. Thus, according to Fadlil, the Constitution of 1945 when it changed the implementation of judicial power on the Supreme Court, and courts below, as well as by the Constitutional Court.

Speaking one authority, the Court has the authority to test the law. In this authority, according to Fadlil, the Constitutional Court through judicial mechanisms perform tests on the rules and regulations set by the state. "Regulation of the laws under the authority of Constitutional Court was only in the law," he explained.

Meanwhile, laws and laws under law made by the Supreme Court, but the laws themselves, if done the test is given to the Constitutional Court. "So (the Constitutional Court) to test laws against the 1945 Constitution," he explained. (Shohibul Umam / mh/Yazid.tr)

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