Democratization process is very difficult, and can lead to bloodshed. But democracy is not about majority only, but a matter of values upheld in democracy.
Similarly, the Constitutional Court justice Harjono confirmed 35 delegation members of the Egyptian youth, who conducted a study to the Constitutional Court (MK), Thursday (02/04), related to the referendum amendment of the Constitution of Egypt. According to Harjono, Indonesia has a philosophy in democracy of Pancasila. Based on the philosophy, the Indonesian people regard deliberation as the best way than voting or majority vote in making a decision.
In the event Harjono also explained the formation of Court trips to the delegation facilitated by Non Governmental Organization (NGO) and the Association for Democratic and Election (Perludem). Harjono said the born of a political condition that started in 1998 that reform. In the reform movement there is a demand from the community, among others, political freedom, rule of law, decentralization, Human Rights (HAM). "The charges were later filled in changing the Basic Law (Constitution)," said Harjono
Harjono revealed, several issues before the constitutional amendments made. He said every issue of the Act relating to the constitution is always resolved in the People’s Consultative Assembly (MPR), which is mostly done through a political mechanism." So it is with the interpretation of the president’s term, even in the constitutional practice in the era of President Sukarno, the Assembly at that time chose Sukarno as president for life. "Therefore, there must be an institution that has the function of interpreting the Constitution, not a political organization but of the judiciary," said Harjono, which is one of the perpetrators of the amendment history.
Former member of the Assembly Ad Hoc Committee I was also told other important mechanisms are included in the amendment to the Constitution is a presidential impeachment. According to Harjono, before the amendment of the Constitution the president dismissed by the Assembly through a political mechanism without going through the legal process, where decisions are determined by majority vote. Changes were followed by a presidential election mechanisms are chosen directly by the people. Therefore, it should not be easy for the president was dropped, because he was elected by the people. According to Harjono, the president’s decision of guilt or innocence in politics remains in the hands of the Assembly, but the decision remains the law in the Constitutional Court. Some of it is the background why Indonesia to amend the Constitution.
Answering questions one participant visits, believer Said, a member of the Reform Party Development, regarding the independence of constitutional judge, Harjono reveals the problem also be one reason for the amendment of the Constitution. "There is no intervention of the House of Representatives (DPR) and the President of the Court, including the intervention of political parties," said Harjono.
Delivered by him, the judge has the constitutional freedom in deciding a case, even the judge or the right to file a dissenting opinion dissenting opinion on a case, and that opinion is included in the draft decision. "With the presence of MK create public confidence in the judiciary high return. Before any Court, public confidence in the judiciary is very low," said Harjono.
To the question posed by Abdurrohman Adl, Development Reform Party member, on the role of the relationship between community and political party, Harjono explains political party comes to be an important political infrastructure and participate referred to in the Constitution, House members must come from political parties, as well as presidential candidates. According to him, political parties are for the aspiration of the people in the House of Representatives, also a form of human rights to assembly, association, opinion and expression as guaranteed by the Constitution. Therefore, the mechanism of dissolution of political parties as well is in the hands of the Court.
Harjono discloses to participants the visit, the current political parties in Indonesia are in a bad position due to loss of confidence of the public, because of the many members of the House are all from political parties, involved in a corruption scandal. According to Harjono, reveal corruption cases it also cannot be separated from the implementation of democracy in Indonesia, because in democracy there is no information which is covered up. (Ilham / mh)
Thursday, May 02, 2013 | 17:35 WIB 103