History of judicial review first appeared in the practice of law in the United States through the verdict of Supreme Court (MA) United States in "The Case of Marbury vs. Madison" (1803). Notwithstanding the provisions of judicial review is not listed in the U.S. Constitution, MA United States made a decision written by John Marshall and supported by four other justices that states court of competent jurisdiction to overturn legislation contrary to the constitution.

"It is a breakthrough law of John Marshall who had a constitutional obligation. Marshall Decision is even expanding to Europe, including Austria which gave birth to the world’s first Constitutional Court, "said Irfan Nur Rahman as Chief Justice of the Constitutional Court staff to delegates of Permahi (Law Students Association of Indonesia) Tangerang, Friday (8/3) in the Constitutional Court.

Law-related testing, Irfan highlighted the U.S. models based experiences MA United States deciding the case of Marbury vs. Madison in 1803. This model is an example and emulated around the world, especially by democratic countries that are affected by the U.S. constitutional system. In this model, the test of constitutionality is performed entirely by the Supreme Court.

"In the model of the United States, judicial review is not conducted by a separate judicial bodies such as the Constitutional Court," said Irfan.

Furthermore, Irfan said, there is a model known as the Austrian model ‘Constitutional Review’ ala Austria. Sometimes scholars, models Austria is also called as the ‘Continental Model’, ‘Centralized Model’ or even so-called ‘Kelsenian Model’ based on a model developed by Professor Hans Kelsen in 1919.

"Until spawned separate entity to test the law of the Constitutional Court," said Irfan who accompanied by Rudini Sibagariang as Permahi Chairman.

Next, said Irfan, therea was a French model where no judicial review of its authority given to the judiciary. Authorities examine the laws given to a French Council Board.

Irfan further explained the history of the establishment of the Constitutional Court in Indonesia. When drafting the 1945 Constitution, Moh.Yamin proposed the establishment of the Court in charge of a test of the constitution. It is delivered on a trial Investigation Agency Business Preparation of Independence (BPUPK). According to Yamin, should the Great Hall (MA) is authorized to compare Act (judicial review). "But the proposal was opposed by Mr. Soepomo," said Irfan.

Years later, then formed the Constitutional Court of the Republic of Indonesia (RI MK) on August 13, 2003. Constitutional Court of Indonesia has four authorities and an obligation. The first was to test the authority of the Constitution Act, 1945, is the second authority to decide disputes authority of state institutions whose authority granted by the 1945 Constitution. Next, there is the authority of dissolution of political parties and decide disputes concerning the results of the election, including the election of regional head and deputy regional head.

In addition, the Constitutional Court has the obligation is to give decision on the opinion of the House that the President and / or Vice President of the offense alleged to have committed an act of treason, corruption, bribery and other crimes. (Nano Tresna Arfana / mh)