Students of the Faculty of Humanities UI Visit the Court
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Students of the Faculty of Humanities, University of Indonesia visit to the Constitutional Court on Friday (23/11) afternoon. Groups of students were accepted by the Head of Education Pancasila and the Constitution Guntur Hamzah. On the occasion, Guntur gave a brief lecture.

Guntur Hamzah began with brief lecture describes the history of Judicial Review (JR). He said the test event laws against the constitution were first performed by Chief Justice John Marshall in the United States. At that time, John Marshal handling cases between William Marbury vs. James Madison.

In principle, John Marshall when it stated, although there is no provision that gives authority to her for testing legislation against the constitution, but he was bound by the oath of office as the chief justice. Which, in one of his oath, he had an obligation to uphold the constitution. Finally, this event became an important event in the development of the concept of JR in the future. "It was a big case. The bickering among the political elite in that day, "said Thunder.

Furthermore, it is Hans Kelsen, scientists from Austria that sparked JR and expressed the need for specialized courts (read: the constitutional court) authorized to perform JR. Citing the views of Hans Kelsen, Guntur explained the importance of the constitutional court is to keep the laws and regulations in order to stay within the Constitution or the constitution. "Therefore, the law is the product of legislation," he said. So it is likely not in accordance with the Constitution.

In addition, the Thunder also touched on proposals M. Yamin who want to incorporate the concept of JR in the Indonesian legal system. However, that proposal was rejected by Soepomo. Finally, the proposal approved Yamin canceled. However, after the amendment of the 1945 Constitution, at the time of the 1998 reform, JR concepts or testing of the Constitution Act agreed. And, testing the constitutionality of the Act has been committed by a separate judicial body, namely by a Constitutional Court.

Besides the history of the Constitutional Court, the Thunder also explains the Court’s efforts in implementing its authority. He also explained about the vision and mission of the Court. Court Vision, he said, was the establishment of the constitution in order to realize the ideals of law and democracy for the sake of our nationhood and statehood of dignity.

In realizing the vision and mission, said Guntur, one of which carried the Court is wide open access to the community. For example, the decision of the Constitutional Court can be obtained directly by the litigants immediately after the reading of the verdict. In fact, the text of the decision, a few minutes later can be obtained by downloading from the official website of the Constitutional Court, www.mahkamahkonstitusi.go.id.

The Court’s entire endeavor is to realize a ‘literate’ constitution. The Constitution belongs to all people. And, according to Guntur, it all actually is the responsibility of all elements of the nation. "The desire to internalize and unearth the values of Pancasila and the Constitution is a matter for all of us," said Thunder. "Do not need to know all the contents of the constitution, just our behavior in accordance with the principles of Pancasila and the Constitution." (Dodi / mh/Yazid.tr)


Saturday, November 24, 2012 | 07:57 WIB 143