Various questions came out of some students of the Faculty of Law (FH) Indonesian Christian University (UKI), Jakarta, at a visit to the Constitutional Court (MK), Thursday (18/10) afternoon. For example, there is a student who asked about the execution of the death penalty, and there is also a problem asking the General Election. Constitutional Judge Maria Farida Indrati receives these visits, answering question after question.
"Regarding execution, whether Indonesia agreed with the death penalty or not? It occurred about the pros and cons of execution in Indonesia. Some say, the right to life of the prisoners is absolutely, as a fundamental human right. But some say, that the prisoner is inhumane crime, why he was not sentenced to death again? "Said Maria answered a question from a student.
The debate ended with the decision of the Constitutional Court a few years ago, stating that capital punishment is not contrary to the 1945 Constitution. Related to the execution of the death penalty, according to Maria, there are certain requirements for the execution of the death penalty, there are procedural and pathways, including the matter of an appeal and the appeal of death row inmates, and others.
Another question from UKI students is about Election voting. "If there is one in the General Election candidates who won the 30 percent, then the couple should be appointed head of the region. Unlike in Jakarta, a candidate may be appointed if the head of the region won the 50 percent, "said Maria.
On that occasion, she also explained the history of the birth of the Constitutional Court of the Republic of Indonesia on August 13, 2003, including the power of the Court to hear at the first and last decision is final. While the authority of the Constitutional Court is to examine the laws of the Constitution of 1945, decided to dispute the results of the election, to decide disputes between state institutions, dissolve political parties.
"In addition, the Court shall make a decision on the opinion of the House that the President and Vice President of the offense alleged to have committed an act of treason, corruption, bribery, other felonies, and so forth," said Maria.
Maria also mentioned the constitutional requirements to be a judge, as stated in Article 15 of Law No.24/2003 on the Constitutional Court (MK). Constitutional judges must have integrity and a personality that is not dishonorable. Constitutional judges must also be fair in making decisions. Another thing, she explained the Law on the Constitutional Court of the testing process, including the process of litigating in the Court.
Maria describes further understanding of the Court preliminary hearing, which was conducted in a public hearing by the Panel of Judges consisting of at least 3 (three) judges the constitution, the petitioners attended with his lawyer or just any lawyer.
In the preliminary investigation examined the terms of completeness and clarity request application materials. In the preliminary examination, the judge shall advise the terms of completeness related application and improvement of application materials. For example, look at the way the writing section, the formation of chapters formulation is unclear, and so on.
After the preliminary hearing, said Maria, continued evidentiary hearing the parties. Among other things, presenting the Related Party or Parties to the Respondent to provide answers to the arguments submitted by the Petitioner. A few days later, after going through the Consultative Meeting (RPH), the Court did the trial verdict. The decision of the Constitutional Court has several alternatives, among which the petition is granted, denied, or cannot be accepted. (Nano Tresna Arfana / mh/Yazid.tr)
Thursday, October 18, 2012 | 13:31 WIB 210