In order to succeed Field Work Lecture program (KKL), the College of Islamic Studies (STAIN) Quezon City, Department of Syariah, Prodi Al-Al-Syaksiyyah ahwal (Civil Islam), Central Java province, a visit to the Constitutional Court (MK) on Monday (9/7) morning. They were, amounting to dozens of students, accompanied by the supervisor wants to gain knowledge about the Court judiciary, including the powers and duties.
Delegation was received at the Press Conference Room, Court House, by Constitutional Justice Ahmad Fadlil Sumadi, and then continued with his presentation about the history and about the decisions that the Court had decided in accordance with the wishes of their visit. In the early speech, Fadlil Sumadi said that the 1945 changes that occur after the most substantial reforms contained in Article 1.
According to him, the norm contained in Article 1 has changed the relationship between the state agencies that originally vertical, now changed to be widened horizontal relationships. "Therefore there is no state agency level; the relationship is now changing nature of checks and balances. Mutually supervise and copy offset," said alumni of the University of Diponegoro the doctoral program.
It is said Fadlil again, once there is a state agency that is the highest manifestation of the people of the People’s Consultative Assembly (MPR). But with the change of the 1945 Constitution in Article 1 paragraph (2) states, "sovereignty in the hands of the people and carried out according to the Constitution", he said, now not only MPR incarnation of the people, but the entire state apparatus must be constructed as organizers of popular sovereignty by 1945 Constitution.
On the other hand the existence of Article 1 paragraph (3) of the 1945 Constitution, which reads the result of a change, "Indonesia is a State of Law", said Fadlil, Indonesia is a state law or state constitution as the supreme law making in a country. "So if there is the Act (the Act) are contrary to the constitution, it must be given the opportunity to be tested according to the constitution (1945)," he explained.
According to one of the judges of the Constitution, the Constitutional Court comes as a body set up to examine the laws that are considered contrary to the Constitution of 1945. "Therefore, the Constitutional Court to carry out that function testing (testing of the Constitution Act of 1945)," he explained.
While responding to a question that was ejected from the student regarding the testing of Marriage Act filed by Machica Mochtar. According to Fadlil, in Article 43 paragraph (1) Marriage Act before the decision of the Court has noted, "Children born outside marriage has only a civil relationship with her mother and her family." And, Petitioner argued he might not get pregnant without being knocked up or not father.
So that the applicant reasons, the Court asked that is why the law or the Marriage Law negates child relationship with his father, mother and family to include only his mother. Though there is no relationship between mother and father, the child will not be born. "Therefore, the Court was not true revealing chapter on the constitution," explains Fadlil Sumadi in front of the Student Islamic Civil Law. (Shohibul Umam / mh/Yazid.tr)
Monday, July 09, 2012 | 21:45 WIB 172