Fadlil Sumadi: Constitutional Court Existence for Reform Consequence
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That power tends to be arbitrary. Absolute power will be absolute arbitrary. To avoid arbitrariness, the power must be controlled, organized, and shared so as not absolute and centralized.

It was submitted by the Constitutional Court Judge Fadlil Ahmad Sumadi during the visit of the Teachers Congress Subject (MGMPs) of Citizenship Education SMA / MA Padang City, Monday (29/4) morning on the 14th floor of the Constitutional Court. Arrival of Civics teachers MGMPs SMA / MA Padang is led by Dalius.

Fadlil further explained, consists of three power-sharing. First, the legislative power is the power to make laws on the basis of the will of the people. Legislative power in Indonesia is conducted by MPR, DPR and DPD. In addition, there is the executive power which is the power to run the law and executed by the President.

Next, there is a judicial power held by the Supreme Court and courts below the Supreme Court and the Constitutional Court. "Judicial power is the power that has the character of an independent nation, was held to organize the judiciary to uphold the law and justice, when there is a dispute in the organization of the state, or by citizens, as well as between state and society in the country," explained Fadlil.

Furthermore, Fadlil explained that the product law in Indonesia in the past cannot be sued, cannot be tested so that the law cannot be contested. "Since 1945 until the 1998 reform, have heard there are laws that were tested, dispute the authority of the state or state institutions to the individual? The answer, no," said Fadlil.

"Even to appoint someone breaks the law or does not violate the law, ruling only when it can. Others cannot. That is my country," added Fadlil.

Therefore, continued Fadlil, political reform was undertaken in 1998. One of the demands is to enforce the law in Indonesia, do not let the tyranny, oppression, and others. "After the 1945 amendment in 1999 to 2002, then formed the Constitutional Court of the Republic of Indonesia on August 13, 2003," said Fadlil.

As we all know, the Indonesian Constitutional Court has four authorities and one obligation. Those are reviewing of the Act against the 1945 constitution, dissolution of political parties, and the authority to decide disputes between state agencies whose authority granted by the 1945 Constitution, the elections including election to decide disputes.

While the MOJ obligation is to give decision on the opinion of the House that the President and / or Vice-President is alleged to have violated the law in an act of treason; corruption; bribery; another crime, or moral turpitude, and / or longer qualifies as President and / or Vice President as stipulated in the 1945 Constitution. (Nano Tresna Arfana / mh)


Monday, April 29, 2013 | 15:18 WIB 140