Just like previous years, this time the group of students and a lecturer at the Faculty of Law State University of Semarang (UNES) made a visit to the Constitutional Court (MK), Tuesday (11/9). Visits from 150 students alma mater yellow jacket was welcomed by Constitutional Justice Ahmad Fadlil Sumadi. Not only that, Fadlil in the midst of busy life also took time to deliver materials about MK.
Sometimes by speaking Javanese accent Semarang, Fadlil opens the encountering by declaring his joy as meet fellow neighbors Semarang. In fact, Fadlil had joked that he wanted to be invited to speak to UNES that can all "go home".
After delivering the opening warm, Fadlil also convey the points he wanted to lay out in front of the students and lecturers. These points, among others, the presence of MK in Indonesia, the history of the formation of MK in Indonesia, an important role in the Indonesian Constitutional Court, as well as the role and functions of the Constitutional Court in the state of life in Indonesia.
"The incident brings Indonesia's Constitutional Court against the backdrop of social and political dynamics in the decade of the 90's which then undermine the Indonesian economy. In the end the dynamics was also able to reduce the time of President Soeharto. The peak in 1998 was preceded by the economic crisis spread to other areas or called multidimensional crisis in our national life today, "explained Fadlil.
At that found the conclusion that the 1945 Constitution is too simple, too few norms that organized, too broad in scope, and the mechanism submitted to the state. In fact, continued Fadlil, organizers state that in fact humans have a gap to do corrupt. The gap will be even bigger when the power or authority granted to the organizers it was so huge. "So the therapy, its constitution should also be changed. It happened the first time the 1945 changes in 1999 to the fourth change, "said Fadlil.
One of the chapters that follow change, namely Article 1, paragraph (2) of the 1945 Constitution which previously read, "Sovereignty is in the hands of the people and performed entirely by Representative People". The sound of the article was changed to the following: Sovereignty belongs to the people and implemented in accordance with the Law of Association.
Changes in the content of Article 1, paragraph (2) of the 1945 Constitution to automatically change the original position of the Assembly is the highest state institution which implement fully the sovereignty of the people into high state institution or commonly known as a state institution only. "The changes are also implications for the embrace of the rule of law in our constitutional system. Since the Constitution is the supreme law, then the constitution became the supreme of law," said Fadlil explain the implications of the 1945 changes to the constitutional system of Indonesia.
Furthermore, Fadlil explained the significance of the presence of MK after the change. Since the Constitution is the supreme law, then there should be institutions that uphold the constitution. Unlike before the 1945 change in the constitution of the supreme law, but there was no attempt to enforce it. To enforce the Constitution in the state of life that later formed the Constitutional Court. "In the past, the constitution will always be politically, legally never. So when there is a problem between the institution and the other institutions, the decision depends on the president at that time as the supreme political power," said Fadlil again.
Fadlil also had a chance to interact with some of the students asked him questions. With straightforward, Fadlil answered the questions of the students were considered highly weighted. However, due to time constraints, Fadlil apologize for not being able to serve the many questions asked of the students who want UNES. Not disappointed, UNES group of students and faculty had a chance to look around the library space and MK courtroom. (Yusti Nurul Agustin / mh/Yazid.tr)
Tuesday, September 11, 2012 | 20:12 WIB 169