Mahfud MD: Court Plays Constitutional Strategic Position in Indonesia

Moh. Mahfud MD describes the position and authority of the Court in the state system in Indonesia, in the presence of students of the Faculty of Syariah IAIN Raden Fatah Palembang, on Saturday (3/9). Of the four main tasks, namely dissolve political parties, tested against the Constitution Act, 1945, state agencies the authority to decide disputes and resolve the election dispute, the Court plays a very important role in the constitutional system of Indonesia.

"From 1945 to 2003, no state agency can perform important tasks. Once every law made Parliament and the government, should be regarded as an absolute truth. But now can you imagine, since its establishment in 2003, the Constitutional Court has canceled more than 160 laws that conflict with the 1945 Constitution," said Mahfud proud of the organization they lead.

Do not stop there, he also outlines the achievements of successful outcomes achieved by the Constitutional Court in the political map of Indonesia, by canceling as many as 72 House seats across Indonesia, with a composition of 12 House seats and 60 House seats center levels I and II, as well as 37 decision to cancel the election results head area. "Once something like this is not possible," he said.

Mahfud assess the success of the Court in making a phenomenal breakthrough in the legal system and administration in Indonesia cannot be separated from the spirit of reform that requires the creation of a healthy democratic society. As a judicial institution that was born after the reform, the Court is expected to bring winds of change to put the position of all citizens and equal before the law, including the position and the position of the president cannot be dismissed in the middle of the street just for political reasons.

Reflecting the fall of the heads of state who had led Indonesia, Soekarno, Soeharto and Gus Dur, three dropped out of the presidency for political reasons and not through judicial mechanisms. It is definitely create a bad precedent for the sustainability of the constitutional system of Indonesia, but with the Constitutional Court, impeachment of the president should be through a mechanism regulated by the Act. "In this case, the Court is obliged to deliver a verdict on the opinion of the House of violations president," he said.

He added that there are only five crucial points that can be used as reasons for termination president of corruption, bribery, treason, and punishable 5 years and committed a disgraceful act according to the law. "In addition to 5 reasons it cannot for political reasons alone," said Mahfud MD.

The substance of Islam

Related to the theme "The Future of Islamic Law in Indonesia", Mahfud judge of Islamic law will always be the substance and character of national law in Indonesia. In essence, what is needed is a mild-Islamic character of the country, which applies Islamic values and not just focuses on Islamic symbols, imposing the establishment of an Islamic state or the implementation of Islamic law. "It was all unnecessary, which is important, Islamic values absorbed in the national law of Indonesia," said Mahfud.

 

The same day, Mahfud took time to attend the inauguration of administrators of Alumni Corps Muslim Students Association (KAHMI) Palembang, the term of office 2013-2018. (Agung Sumarna / mh)


Monday, March 11, 2013 | 20:47 WIB 188