"Is the Indonesian Ulema Council a party to the dispute of authority of state institutions?" Irfan Nurrahman, the Constitutional Court (MK) researcher asked to test the ability of 4th grade students of Islam Al-Azhar 20 Cibubur after giving "lessons" in the Court, Monday (22 / 4) afternoon.
"It can be Sir, if it gets permission of Chief Justice," said one student. The answer was to make the audience laugh. While others, no one answered, "It cannot sir. Because he (MUI) is Muslim scholars," said another student. The spontaneous answer was again made present boisterous laugh.
Finally, Irfan Nurrahman explains the correct answer. That indeed the Indonesian Ulema Council (MUI) cannot litigate disputes related authority of state institutions. Since the formation of MUI are not regulated by the 1945 Constitution. That fleeting innocence of young children understands the constitution of this country. Their courage and spontaneity is commendable.
Even so, not a few of them are quite familiar about the constitution. For example, when asked about the recruitment of constitutional judges, the majority of students actually knew constitutional judges are selected from the three elements: the Government, the Parliament, and the Supreme Court. In addition they memorized some authority the Court, among other test of the 1945 Act, dissolve political parties, and decide election disputes. Included also memorized the three branches of state power: executive, legislative and judicial.
During the meeting, Irfan also explains about the 1945 changes in 1999. That the 1945 changes is a stage with four times the change. After the constitution was amended, there are some aspects that also changed. "If the previously mentioned sovereignty is in the hands of the people and carried out by the Assembly. In 1945 the results of the change, there are changed to sovereignty in the hands of the people and carried out according to the Constitution," said Irfan.
Irfan said, the 1945 Constitution change raises several legal consequences. Of which the original position of the Assembly as the highest state institution, is amended as state institutions and an equal position with other state institutions such as the Parliament, the President, the Judicial Commission, the Supreme Court and others.
"So, what’s the highest position at this time in Indonesia? The highest was 1945, as the constitution. Because Indonesia is no longer adheres to the principle that the Assembly who is the highest state institution. We adhere to the principle that the highest is the law or the Constitution, "explained Irfan.
Of constitutional powers that then were divided into several branches of the state power. First, the executive power as the implementing law. The second is the legislative power as a legislator. Then the third is the judicial power of the judiciary.
"Currently, the judiciary, the Supreme Court besides we also recognize the Constitutional Court. The results of the 1945 changes resulted in three new institutions, namely the House of Regional Representative (DPD), the Judicial Commission (KY) and the Constitutional Court (MK)," said Irfan told the children. (Nano Tresna Arfana / mh)
Monday, April 22, 2013 | 15:23 WIB 281