Fadlil Sumadi Discussed Sharing Power to Undip Semarang Students
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Article 24 Paragraph (1) of the 1945 Constitution states "The judicial power is the power to conduct an independent judiciary to uphold the law and justice." In order to analyze the article, it is used the theory of division of power within a country.

In general, the theory of division of powers divided into three parts. The first is the legislative power is the power to make laws. The second is the executive power is the power to run the Act to achieve the objectives in shaping the country. The third is the judicial power or so-called judicial power.

Fadlil further explained, the man who founded the country, it means setting up an organization of power. The organization is defined as the division.

"So, the organization of power that can be understood as a sharing of power," explained Constitutional Justice Ahmad Fadlil Sumadi to the students of the Faculty of Law (FH) University of Diponegoro Semarang, Monday (16/7) morning at the House of the Constitutional Court (MK).

Fadlil continued, although the organization is assumed as a unit, but the practice is not the case. Every person has the desire; creativity is not necessarily equal to each other. Because it allows disputes arise within a country.

"The dispute-a dispute in a country should not be allowed, must be completed. State can be maintained in order to effectively and achieve their objectives," said Fadlil.

Hence it was established judicial power or judicial power. If the legislative authority that formed the law, executive power is held the law in order to achieve the goal state.

"The judicial power is the power of the state that has a character of independence, was held to organize the judiciary to enforce law and justice, when there is a dispute in the provision states, or between citizens, and between state and society in a country," explained Fadlil.

Thus, Fadlil said, the agency that referred to the judicial authorities held a judicial function to enforce the law and justice, resolve disputes so that the state can be restored back to normal. "So the goal state can be achieved effectively," said Fadlil.

On that occasion Fadlil also testified about the political mechanism based on the principle of majority system. Majority of these systems, before the change the Constitution 1945 (1999-2002) was regarded as representing the whole people. Thus, the Act which has been formed cannot be contested or tested.

In fact, says Fadlil, there is a minority who feel oppressed of the Act. Therefore, do not always reflect the majority of the people of Indonesia. Even in the extreme, the law cannot be used purely for the welfare of the people. But it could have been used to perpetuate the power of making laws. (Nano Tresna Arfana / mh/Yazid.tr)


Monday, July 16, 2012 | 19:10 WIB 150