As much as 165 students and 5 teachers of Gorontalo University visited the Constitutional Court on Tuesday (2/4) afternoon. The visit is intended to study visit was received by Constitutional Court (MK) researcher, Fajar Laksono at Hall Building. On this visit, Fajar submitted material about the early history of the emergence of the idea of MK. In addition, Fajar also delivered material related functions and powers of Constitutional Court.

Starting his presentation, in front of the student wearing maroon jacket alma mater, Fajar said that the Court is a new institution in the state system of Indonesia. Fajar continued despite the Court is a new institution, but the Court was well known by the public at home and abroad due to lunge and thrust breakthrough in the field of law.

Fajar then talked about the early emergence of the idea of the establishment of institutions that can test a law against the Constitution. MK such institution is known at this time. Fajar explained that the idea of the establishment of institutions such as the Constitutional Court thought emerged from an expert Hans Kelsen on Constitutional Austria in 1920. At that time, said Fajar, Hans Kelsen was making Austria Constitution.

Fajar continued, Hans Kelsen idea arose because of the idea that the law is a political product made by political institutions. In Indonesia, the political institutions that make laws is the Parliament and the Government / President. In the process of law-making political interests often arise because the two institutions do have political interests. "The law often reflects political interests alone. So that should be tested, whether or not contrary to the Constitution," said Fajar.

However, Fajar confirmed that the law established through the democratic process. However, democratic process occurred in the legislation merely procedural democracy, not substantial democracy. Therefore, we need a body that has the authority to review laws (judicial review).

Fajar went on to explain about the hierarchy of laws. According to Hans Kelsen, said Fajar, the law has hierarchy. At the top hierarchy of the Constitution or the law is the Constitution. All of these laws or regulations under the Constitution must be prepared not against the rules on it, especially not against the Constitution.

Turning to other topics, Fajar revealed that Constitutional Court of Republic of Indonesia is the 78th in the world that was formed in 2003. However, the idea of the need for the Court in the constitutional system of Indonesia actually has emerged since Indonesia stands. At trial BPUPKI discussion, the idea of the need for the Court already surfaced. However, when Indonesia was still not quite able and do not have a law degree competent to run such institutions MK institutions. "Now the Court is to be a positive trend in the countries of the world. Countries in Eastern Europe adopted the idea of the post-communist Constitutional Court ruling there. In Indonesia, during the discussion of the 1945 changes during 1999 to 2002, the Constitution modifier made study visits to Korea, South Africa, and Thailand. No wonder MK Indonesia is similar to MK Korea, South Africa, and Thailand such as the amount and nature of the nine judges’ decision is final and binding," said Fajar which also says the authority to act under the authority that must exist in such institutions.

Fajar also revealed that the Constitutional Court has the authority and the obligation of four slightly different from the other MK in the world. In addition to having the authority to conduct judicial review, MOJ also has the authority to decide disputes dispute election results, state agencies the authority to decide disputes and dissolution of political parties. While the obligation to be fulfilled is the duty of the Court to give a ruling on the opinion of the House that the President and / or Vice President of the severe law violation. (Yusti Nurul Agustin / mh)