Group of teachers who are members of Congress Subject Teacher (MGMP) Citizenship Education (Civics) junior secondary school (MTs) of Tegal Regency visited the Constitutional Court (MK), Monday (18/6). Safari visits the teacher’s uniform greeted by researchers Abdul Ghoffar. In addition it is also the opportunity to deliver material Ghoffar deepening around MK and open question and answer forum with the teachers.

Begin his explanation, saying that before the reform Ghoffar Indonesia has an authoritarian leader. Both the old order and new order had suffered a "style" authoritarian leadership. Although Ghoffar also see that at the beginning of the second order of the government’s authoritarian style of leadership has not yet appeared.

It was known that there is any constitutional system so that the nation’s leaders are stuck in an authoritarian leadership style. One of the weaknesses of the Indonesian state administration system is the lack of real effort to uphold the constitution even though the constitution when it is predicted as the supreme law. Concretely, it was Indonesia does not have a duty to enforce the constitutional court.

"It used to enforce the 1945 Constitution did not exist. It is precisely that which violated the laws and regulations under it there is a court that resolves the problem. That’s the weakness of our constitutional system until after the 1945 change in the third, in 2001 established the Court, "said Ghoffar.

Ghoffar then explain why the Court should be present in the state administration system in Indonesia. So far, Indonesia and many other countries adopt democracy. In fact, continued Ghoffar, democracy has a "disability". That is, right or wrong in a democracy if a majority may be correct. So to "cure" a congenital defect court existed and it should be brought again to the law.

From the historical point of view, the presence of MK in the world, started in 1803 in the United States appears the case Marbury vs. Madison. At that although the judicial review provisions are not included in the current U.S. Constitution, 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.

History of judicial review rolled into 1920. In that year, a philosopher and a leading legal expert from Austria, Hans Kelsen is inspired by the case of Marbury vs Madison declared that the provisions of the Constitution as the supreme law of the implementation can be guaranteed, it is necessary to examine the organ of a legal product in conflict with the constitution or not. "Hans Kelsen’s idea became the basis of the establishment of the Austrian Constitutional Court to the Court’s first in the world. Finally, the world has been noted that there are about 90 more countries that have constitutional court," said Ghoffar.

Ghoffar also expressed regarding the authority and obligation of the Court. The Court has a hearing function norm and the function realized by the authority-the authority given the Court, is authorized to examine the Act to the 1945 Constitution, authorized to decide disputes between state agencies, authorities decided the case the election, including elections, authorized to decide upon the dissolution of political parties, and competent to give judgment at the request of the Parliament to dismiss the president if it violates the constitution. (Yusti Nurul Agustin / mh/Yazid.tr)