SMK 20 South Jakarta students visited the Court (MK) on Monday (25/6) afternoon. Their arrival was received by MK Abdul Ghoffar Researchers at the Hall Court Room. On that occasion, Goffar started the meeting by explaining the background of the establishment of the institution before the Court.
"There is a change of the 1945 Constitution as much as four times, from 1999-2002," said Ghoffar the conversation.
After changing the 1945 Constitution, through Article 24 and Article 24C Paragraph (1) and Paragraph (2) of the 1945 Constitution, stated that the judicial power is not only done by the Supreme Court, but also carried out by the Constitutional Court (MK) with jurisdiction at the first and The last decision is final to test legislation against the Constitution. MK was officially born on August 13, 2003.
Ghoffar continued, the Court has the authority and the obligation of four. First, the Court authorized to test the law against the Constitution, including the Act to cancel the product.
"If there is a clause, part of the article, or the whole of the law that violates one’s constitutional rights of citizens, then the lawsuit can be filed to the Constitutional Court," said Ghoffar are also mentioned Article 5 Paragraph (1) of the 1945 Constitution that the President holds the power to make laws Act with the approval of Parliament.
Thus, continued Ghoffar, all filling positions in Indonesia is regulated through legislation. It was including the Law on the Organization and MPR-DPR.
"Here, then they are a complete, because the President is automatically not allow the members of the Assembly be filled by people who then harm him. President will surely fill the members who secure themselves," he explained.
Ghoffar explained, in the new order, a member of the House only fill one third of the membership of the Assembly. Two-thirds filled by appointment, any of the group representatives, and other regional representatives. While the armed forces entered without passing through a general election.
The next MK authority, said Ghoffar, deciding authority dispute of state institutions whose authorities are granted by the 1945 Constitution. In addition, the Court authorized to decide upon the dissolution of political parties and decide disputes concerning the election results.
Furthermore, pursuant to Article 7 paragraph (1) through (5) and Article 24C paragraph (2) of the 1945 Constitution reaffirmed by Article 10 paragraph (2) of Law 24/2003, the Constitutional Court’s obligation is to give a decision on the opinion of the House of Representatives that the President and / or the Vice President has violated the law, or moral turpitude, or do not qualify as a President and / or the Vice President as set forth in the 1945 Constitution. (Nano Tresna Arfana / mh/Yazid.tr)
Tuesday, June 26, 2012 | 06:08 WIB 214