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Decision of the Constitutional Court (MK) is often controversial, disturbing thought like reliability; so many people are upset with the decision of the Constitutional Court.

"But believe me, it is not the purpose of the Constitutional Court. Court rulings they reflect the state of protection of the constitutional rights of citizens," said Ahmad Fadlil Sumadi to the lecturer at the Faculty of Law (FH) University of Pancasila who visited the Constitutional Court on Friday (1/3) afternoon.

Fadlil continued, the Constitutional Court established under the background of the birth of the Constitutional Court. Prior to the 1998 political reform, the political dynamics in Indonesia occurred culminating in the resignation of President Suharto.

"The political dynamics of social costs are large enough, until the demands of democracy in the administration of the state in accordance with Clause 1 UUD 1945," said Fadlil to guests, which include the Dean Faculty of Law University of Pancasila, Ade Saptono.

Prior to the amendment of the 1945 Constitution, continued Fadlil, Article 1 of the 1945 Constitution consists of only two paragraphs. But now the article consists of 3 verses. "Paragraph 1 piece, which was amended paragraph 2. First, the sound of verse 2, "Sovereignty belongs to the people and carried out entirely by the Assembly".

"That way, we know of one implementation of the idea of the supremacy of parliament, the Assembly in this regard. Even the explanation of the chapter, the Assembly referred to as the embodiment of the people. In practice, the position of the Assembly higher than the people, "said moderator Fadlil accompanied Adnan Hamid as Vice Dean I of Faculty of Law University of Pancasila.

Not surprisingly, continued Fadlil, then MPR is really powerful. Each ruler is always controlled the Assembly. With control of the Assembly, the term of office of President for five years could be extended, even last a lifetime.

"Therefore, after the 1945 changes, the content of Article 1, paragraph (2) being changed to ‘Sovereignty belongs to the people and implemented in accordance with the Constitution’," explained Fadlil.

Change the sound of paragraph 2 it also has profound implications. Indonesia no longer adheres to the supremacy of parliament but adheres to the rule of law. "Thus, in theory perspective, the verse that reflects the nation’s commitment to change the constitutional system of Indonesia to the democratic rule of law or also called a democratic constitutional state," explained Fadlil.

Whereas Article 1 (3) of the 1945 Constitution, clearly Fadlil, is the addition of the words "rule of law". "It is an affirmation of the tail of paragraph 2 of Article 1 of the Constitution of 1945," added Fadlil.

Fadlil further explained, the most important of the transformed state system becomes more democratic, making the relationship between the state and its people are not vertical like years ago.

"After the 1945 change, we put the position seriously and citizens horizontally, the determination of the Indonesian nation state set according to the principles of law," said Fadlil. (Nano Tresna Arfana / mh)

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