Judicial power shall be an independent power to administer justice, to uphold law and justice. That is contained in Article 24 Paragraph (1) of the 1945 Constitution. Article 24 Paragraph (2) stipulates judicial power exercised by a Supreme Court and judicial bodies underneath it in the public courts, religious courts, military courts, administrative courts, and by a Constitutional Court.

"From Article 24 UUD 1945 that we learned that the Constitutional Court is the judicial power actors," said Ahmad Fadlil Sumadi while receiving the visit of the students of the Faculty of Law (FH) University of Muria Kudus to the Constitutional Court (MK), Tuesday (6/11) afternoon.

Told Fadlil, justice is part of the power of the state. State power in the perspective of a democratic constitutional state is divided into three main branches of state power. First, the rule of law or the law forming. Second, the power of state officials by law. Third, the court held the power to enforce the law and justice.

"Usually we call the three powers that are legislative power, executive power and judicial power. Regarding the judicial power, judicial power now rarely mentioned, but more written with judicial power," said Fadlil who accompanied by Muria Kudus University lecturer, Dr. H. Sukrisno, S.H., M.H. as moderator.

Fadlil added the third power is state power. "Why is the ruling? Since the country was established to perform the functions of the welfare of its citizens. In practice, the most powerful is the state. So that the state is not arbitrary, then the power divided by three powers as have been mentioned earlier," said Fadlil.

Furthermore Fadlil revealed many questions to the Court, such as background on the establishment of the Constitutional Court, 2003, or the constitutional Court to fame in 2001. "There are people who ask why the Constitutional Court was not established since Indonesia’s independence?" said Fadlil.

Fadlil then answer the question. About the new court was formed in 2003; the reason being that the Court comes from the womb of reform. Reform is a political and social dynamics that peak was in 1998. "Called the peak due to political and social dynamics of such enormity that time, so the costs are very much. Including that cannot be calculated in money, which is a huge social cost," explained Fadlil.

It was then that the regime was replaced by Suharto’s resignation BJ Habibie. Socio-political dynamics of the time stems from a state of crisis in the financial sector, increased in such a way, spread to other areas, so people call it a multi-dimensional crisis. "In the political and social theory, any socio-political dynamics is always a message in it. A very loud message resonated in the socio-political dynamics of democratization is the demand in the national life," said Fadlil.

Until people start highlighting the 1945 Constitution, they judged the 1945 Constitution too short. Because the 1945 Constitution was considered too short, making the norms in the national life easily distorted. 1945 when it was rated so gives great power to the President. Article 1 Paragraph (2) of the 1945 Constitution before the amendment states, "Sovereignty is in the hands of the people and is done entirely by the Assembly." After the amendment, Article 1 Paragraph (2) of the 1945 Constitution reads, "Sovereignty belongs to the people and carried out according to the law." the amendment of the 1945 Constitution was also the backdrop establishment of the Constitutional Court on August 13, 2003. (Nano Tresna Arfana / mh/Yazid.tr)