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Constitutional Justice Muhammad Alim received the visit of the High School students of Islamic Studies (STAIN) Purwokerto, on Monday (26/11) morning at the Constitutional Court (MK). On that occasion, Alim, among others discussed at length about the authority and obligations of the Constitutional Court, as well as respond to actual cases that have recently occurred, for example about the BP Migas.

Alim said, Court was the first authority to test the law of the Constitution. According to him, this authority is a sign that Indonesia adopts democracy, as well as understands the rule of law because the law is a political product.

"That is, the law created by politicians, namely the House with the approval of the President. Relative protrusion is possible political interests of a certain group in the Parliament, which is not impossible contrary to the Constitution, the Constitutional Court as the guardian having authority, the constitution of the interpreter and enforcer for the test. This is one feature of the law is an independent judiciary and impartial," explained Alim.

The authority of the Court is to decide disputes both the authority of state institutions the authority granted by the Constitution. Alim continued, the Court authorized to decide upon the dissolution of a political party. "The authority decide upon the dissolution of political parties by the Constitutional Court has not been done because there is no request from the government," said Alim.

In the past, said Alim, it never occur dissolution of political parties as requested by Masyumi disbanded by President Soekarno. Then the Communist Party of Indonesia (PKI) was dissolved by General Suharto as carrier Warrant March 11, 1966.

"However, at the time the dissolution of political parties based on power politics. No judicial process," said Alim.

Next, the Court authority to decide disputes concerning elections and election results. Disputes about the results of the election candidates for the Parliament, Council and Parliament, and the results of the election of President and Vice-Presidential candidates go to Court since 2004.

"Whereas in the 2009 election and then, requests from political parties regarding the dispute election results covering 643 constituencies," said Alim.

Besides discussing the powers of court, Alim also addresses the obligations Court decided opinion on the alleged violation of the House by the President / Vice President.

"Regarding the obligation on the opinion of the Court gives verdict on alleged violations by the House of Representatives and the President or Vice-President under the Constitution called impeachment. But until now it has not been done obligations Court because there has never been such supplications," said Alim.

On that occasion Alim also discuss the actual decision of the Constitutional Court regarding BP Migas. Not long ago the Court decided testing Law. 22/2001 on Oil and Gas, BP Migas declared unconstitutional because it violated Article 33 Paragraph (2) of the 1945 Constitution.

Alim said, BP Migas declared unconstitutional by the Constitutional Court because of BP Migas to represent the state in the care of signed contracts in the oil and gas to foreign parties. It resulted in Indonesia controlled by foreign oil by 53%. Whereas in the 1945 Constitution, especially Article 33 paragraph (2) refers to "Branches of production which are important for the country and serving the people should be controlled by the State". (Nano Tresna Arfana / mh/Yazid.tr)

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