The term judicial review or commonly known as reviewing legislation by the courts, based on the state based on the rule of law. Background of judicial review, the first time this has happened in the case of Marbury vs. Madison in 1803, which was then in the early 20th century was developed by the thought of a brilliant jurist and philosopher by the name of Hans Kelsen, where the idea stating that the provisions of the Constitution as the supreme law implementation can be guaranteed, the organ needed to test whether a product is or is not contrary to the law of the constitution.

This was said by Judge Hamdan Zoelva, who argued about the "Claims for Judicial Review of the Constitutional Court", as a resource person in the activities of Case Management Education and Training for Civil and State Administrative Office of Indonesia in 2013, located in Building Training Agency Attorney General, Pasar Minggu, Tuesday (30/4) morning.

Hamdan further explained, in Indonesia also embraced the theory of Hans Kelsen, where legislation lower must not conflict with the laws higher. This is Hans Kelsen’s theory of law that embraces hierarchy. "In testing the constitution there are 3 models, namely judicial review, constitutional complaint, and constitutional question. However, in Indonesia only recognizes judicial review with test form consisting of formal testing and material testing. For constitutional complaint and constitutional question, Constitutional Court of Indonesia has no authority," he explained.

Furthermore, according to Hamdan, the people through parliament product are the supreme law, as affirmed in the 1945 Article 1 paragraph 2. "When Court runs judicial review, this is one form of implementation of the people’s sovereignty. In a state that has a constitutional principle, we have to believe in what has been decided a state agency, and we have to run the command constitution," he said.

Therefore, continued Hamdan, the decision lies in the authority of the Constitutional Court. Then there should be awareness of the organs of state to run it. "The Court cannot force a government to carry out its decision. Therefore, there must be awareness in the constitution in every organ of the state," said Hamdan.

At the end of his presentation, Hamdan said on his way in the Indonesian constitution, the Constitutional Court is a form of democratic reform as the guardian of the state ideology. As is known, Constitutional Court has four of the authority and obligation. Court’s authority is review of the Act to the 1945 Constitution, dissolution of political parties, the authority to decide disputes between state agencies whose authority granted by the 1945 Constitution, the elections including election to decide disputes. While Constitutional Court’s 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 no longer qualifies as President and / or Vice President as stipulated in the 1945 Constitution. (Ddy / mh)