Chief Justice: Court Presence to Meet the Needs of Constitutional Law
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The Constitutional Court (MK) formed the basis for meeting the needs of state constitutional law. At which time, the need has not been properly implemented by the judiciary that existed before the reform era. This was stated by Chief Justice of the Constitutional Court, Moh. Mahfud MD as a guest speaker at the event of Round Table Discussion at President University, on Thursday (6/12), at Menara Batavia, Jakarta. For example, before the Constitutional Court was formed in 2003, said Mahfud, if you want to bring down the president always through political channels without going through legal channels beforehand or without knowing clearly whether the president is legally guilty or not. It has thus occurred in the era of President Sukarno, Suharto, and Gus Dur. "So now made the Constitutional Court, if you want to drop the first president to go through the law, though in the end it is a political office imposed through politics," said Mahfud MD in front of dozens of leaders and trustees of the University President, and a number of well-known businessmen in Indonesia. Among others, Chairman of University Education Foundation President Ermaya S., Rector of the University President Chandra Setiawan, and Chairman of PB throughout Indonesia Badminton Association as well as the former chief Djoko Santoso, President of the University Trustees Sudarsono. Titled "Function MK and Legal Issues Ahead of the 2014 election in Indonesia," said Mahfud also related to the existence of the law in the process of dissolution of political parties. Previously, he said, there is no law governing the dissolution of political parties. The former president did nothing legal process while dissolving political parties. "Therefore, we (the Founding Fathers) formed the Constitutional Court," he explained. After MK stands, Mahfud recognizes that these institutions often get a lot of compliments from the public, as it is considered the courage to breakthrough-breakthrough, and venture out, and dare not fragmented in the sound laws made by the House of Representatives that sometimes the articles the article was unfair. Instead, says Mahfud, the Court also often received criticism for being excessive way outs. "So there are positive light or a negative spotlight that is normal," said Chairman of this Court. Best MK Peak, Mahfud said, there are critics who claim that the Court has taken over sovereignty of the people. The Court has changed the law to state judges. However, Mahfud rate, despite much criticism, in general, many people said the agency is still regarded as an institution that is still credible. In fact, he said, one of the print media overseas Indonesia declared MK as MK top 10 best in the world. "We (MK Indonesia) equated with Germany, South Korea," he explained. "There are ten (MK) is considered the best," said Mahfud MD, who has served as chairman of the Constitutional Court since 2008. More importantly, said Mahfud, trust the people of Indonesia and the world outside of the Constitutional Court cannot be separated from what the Court so far. He said, more or less the Court had done five breakthroughs in the decision. Among them is the relevant deviation from the provisions of the formal authority given to the Court. For instance, the Constitutional Court banned the ballot reset (PSU) in the case of the General Election, because that may be just the Election Commission. In this case the incoming Election at the hearing, the Court took the authority that the PSU should be carried out on the orders of the Court. "(Command) No authority in the law," he said. "Because if not formal provision violated by the Constitutional Court, there will be electoral fraud everywhere," said Mahfud again. Breakthrough again have also stated in the decision of the Constitutional Court, said Mahfud, governance institutions of this country have made a conditional decision. That is, the Court considered the provisions contained in the legislation are correct but the implementation has not been or is not fair to the public. "Thus, the Court said this constitutional conditional, whereas in the legislation are not known," he explained. (Shohibul Umam / mh)


Thursday, December 06, 2012 | 15:22 WIB 214