The only public university located on the island of Madura is Trunojoyo University commonly referred to UTM been to the Constitutional Court received directly by the Constitutional Court Justice Anwar Usman, in Conference Room, Court Building, Jakarta, Monday (25/6) afternoon.
Dozens of law students, and accompanied by the supervisor wants to deepen knowledge about the authority and obligations held by the judiciary, born in 2003, and also wanted to know how the consideration of the Court in imposing decisions, particularly related to the decision of the Ministry of Law and Marriage ever decided by the Court.
Started the meeting, Anwar Usman started his explanation regarding the presence of MK. According to him, as a new institution the Court has the authority and duties provided for in Article 24C of the 1945 Constitution. Such as in paragraph (1) has noted, "the Constitutional Court the authority to hear at the first and last a final decision is to test the laws against the Constitution, rule on the dispute the authority of state institutions whose authorities are granted by the Constitution, decisions on the dissolution political parties, and decide disputes concerning the election results.”
And paragraph (2) also have mentioned the obligations that, "The Constitutional Court shall 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."
Anwar also subsequently admitted, the Court is a judicial state agency that was born from the struggle of students to carry out reforms in 1998. And demands for reform were followed by the 1945 amending for 4 (four) times, ranging from 1999 to 2002. "It (the change in 1945) which became the forerunner to the establishment of the Constitutional Court," said Anwar.
Anwar said to be longer, since the Court established a number of cases have been tried in Court. Until now, the only obligation of the opinion of the House to drop the president from office was never tested in the Constitutional Court. "Until now, even (Article 24C paragraph (2) of the 1945 Constitution) was never used by the House," the judge said this Constitution.
While, in association with the decision of the Court of Marriage Act on the status of testing of children outside of marriage that have been tested by Machica Mochtar, and testing of the Ministry of Law challenged the status of deputy minister of the new disconnected last few weeks, Anwar acknowledged that these matters are made attractive and attention number of people. However, all of which can be accepted by the people there are certainly pros and cons in react.
Entering a question and answer session, Anwar Usman clearly explained with regard to substantive fairness and justice in accordance with the progressive question one of the students. According to him, the Constitutional Court as the judiciary is expected to apply the substantive fairness or justice progressives, and is instead of applying the procedural fairness in decisions. The provision is already contained in Article 24 paragraph (1) of the 1945 Constitution which reads "The judicial power is the power to conduct an independent judiciary to uphold the law and justice."
"So the words of justice into the substantive fairness or justice progressives, not just go in procedural justice," he explained. Therefore, Anwar said, the core is contained in the law of justice. "If only just enough to enforce the law enforcing procedural only," said Constitutional Court Justice birth Bima, West Nusa Tenggara. (Shohibul Umam / mh/Yazid.tr)
Tuesday, June 26, 2012 | 06:13 WIB 141