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A number of students of the Faculty of Social Sciences, State University of Yogyakarta come to the Constitutional Court (MK), Monday (6/5) afternoon. Their arrival was received by the Constitutional Court justice Arief Hidayat on the 4th floor of the Court Building. In the meeting, he explained the background to the formation of Constitutional Court of the Republic of Indonesia as well as other matters related to the constitution.

"At the beginning of the reform we start with changing the Constitution. The 1945 Constitution change has been done once but with four stages in 1999, 2000, 2001, 2002. Constitution changes need to be done in order not to appear interpretation causes rebirth non-democratic government," said Arief to the students.

Arief said the constitution is the fundamental law. If volatile legal basis, it is not good. If the constitution is often changed, could make an uncertain situation, not known. Means that the Constitution be changed too frequently, then the implementation of the following regulations will change as a consequence.

"Well if it is not consistent, which appears is a disorder that can lead to legal chaos atmosphere," said Arief.

After having established on August 13, 2003, the Constitutional Court of the Republic of Indonesia is a fundamental change to the structure of the Indonesian constitution. Power to be dispersed, implement a system of checks and balances, power does not clustered and clustered on one branch of power.

"Thus there is no supreme state agencies and state institutions, there are state institutions at central and local level," said Arief.

Arief explained further, Article 1 UUD 1945 that changed the basic norms that had been in the Explanation of the 1945 constitution of value, now incorporated into the article explicitly.

"Amendment to Article 1 UUD 1945 said that the Indonesian state, in its paragraph 1 is a democratic country. This means that sovereignty is in the hands of the people," said Arief who also explained that Indonesia is a state of law.

Therefore, continued Arief, when we mention the state of Indonesia which is associated with two variables, then it becomes "Indonesia is a democratic constitutional state". Can also be referred to as a "constitutional democracy" which means democracy based on the constitution.

"Once more Indonesian legal system is built continental European countries because the laws we adopt the Dutch legal system," said Arief at the meeting.

Now Indonesia is a Pancasila state law, state law does not mimic the wing and the continental European countries homage to anglo saxon law or the United States. However, the current Indonesian law remains under the influence of the two streams of law.

"It could get the effect of rechsstaat and rule of law. Rechsstaat main principle is the principle of legality. While the rule of law is the main principle of equality before the law," said Arief. (Nano Tresna Arfana / mh)

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