The mainstream law of legisme it is subject to the law where the judge has a submission against the law. Submission is that each judge was not acting arbitrarily. So that was delivered by Chief Justice of the Constitutional Court, Moh. Mahfud MD in Constitution Lecture held in Salafiyah Syafiiyah Islamic Boarding House, Asembagus, East Java, on Monday (24/12). The event was attended by K.H. Hariri Abdul Adim, K.H. Afifuddin Muhajir, K.H. Hasan Basri, Lc, with students as participants.

Then Mahfud explained that in Indonesia or called as the country with the Continental European tradition that the law should be written. "But there is a drawback of written law, that handcuff judges," said former Defense Secretary in Gus Dur era. According to Mahfud the Constitutional Court in a case in which the law made the breakthrough with progressive law. "Where the law is still on track and does not violate the rules and do not break what is already made." What is most important for judges should be independent?

Court was still in the lines of Islamic law and justice itself is universal. "Our new constitution is a constitution which pro-human rights. The new constitution after being amended to say everyone is entitled to citizenship that was born in Indonesia as an Indonesian citizen. We adopted two systems nationality. And when a child is considered ‘adultery child’ or ‘child Jaddah it still be recognized as citizens. Because the Indonesian state law everyone is entitled to citizenship, because this is one of human rights. Human rights cannot be violated, because it has the absolute right as a citizen," said Mahfud MD.

Mahfud also gives an example if there is a child is the result of rape or child of adultery, and then the child was included in the civil law. The child may claim the right to his civil to his father. In the court, to establish constitution means to support human rights due to the fact today many Indonesian people who lack many basic rights. That is why the Court defends rights of Indonesian citizens to be protected from the state. (HDY / mh)