The Constitutional Court (MK) today, Monday (9/7) received 58 requests from prospective students of the Indonesian National Army officers of the Army (TNI AD) derived from all regions in Indonesia. Activity called "Scientific Visits" is intended to allow the students to know the function, position, and authority of the Constitutional Court in Indonesian state administration system. Luckily, all 58 students are met directly by one of the constitutional judges, M. Akil Mochtar which also gives the material surrounding the Constitutional Court.

Starting his presentation, Akil said that the constitution is the highest law degree so that the constitutional purpose was also to be the highest form of achievement, ie justice (justice), order (order), and the realization of ideals such as liberty (freedom), freedom and prosperity with (prosperity and welfare).

It is associated with the Constitutional Court as the guardian of constitutional institutions, the presence of MK to be very important or fundamental to the nation of Indonesia. Function as guardian of the constitution that emerged when the 1945 Constitution has an amendment in line with the wish to create a democratic government with checks and balances mechanism.

Amendment of the 1945 Constitution itself emerged because of the weakness in the previous 1945 Constitution. It is considered the 1945 problems unable to resolve the problems that arise in constitutional practice. That’s according to Akil because the amended 1945 Constitution, which has not been applied to the power distribution system (distribution of power) that is not done properly. Fortunately, the constitutional amendment in Indonesia went pretty well because, again, no check and balance mechanism. "Constitution Amendment Act of 1945 in Indonesia is quite good because the system is to control each other," said Akil.

Akil turned to historical explanation of the formation of MK in Indonesia and worldwide. Akil said in the context of the world, where the Court is one of the developments of legal thought and the modern state that emerged in the 20th century. "Austria is the first country in Europe which has the constitutional guarantor organ with MK nomenclature. This organ was proposed by Professor Hans Kelsen when he was given the task of designing a democratic constitution Austria around 1919, "Akil said at length.

While in Indonesia, the idea of establishment of the Court in fact has emerged as newly independent Indonesia. The idea of the formation of MK in the early independence of Indonesia was delivered by Muhammad Yamin on BPUPKI trial. Yamin said at that time called the Great Hall of the institution is required to test the laws against the 1945 Constitution or the constitutional review. But when it Soepomo disagree because the Constitution does not embrace organized trias politica and not many legal scholars who have the experience to hold a trial testing the law. MK Indonesia itself is the 77th Court in the world.

Finally, Akil expressed about the four powers and duties of the Constitutional Court. Fourth, the judge at the first and last decision is final for the test of the 1945 Act, the authority to decide disputes of state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, election results and decide disputes. The obligation of the Court held, that a decision against the opinion of the House of Representatives regarding the alleged violation of law committed by the president and vice president of the 1945 Constitution. (Yusti Nurul Agustin / mh/Yazid.tr)