Fadlil Sumadi : Constitutional Court Restoring Constitutional Rights
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The Constitutional Court (MK) as a function of the judiciary if a citizen who complained that his constitutional rights guaranteed by the 1945 Constitution are violated by the enactment of a law. It is delivered by the Constitutional Court judge Ahmad Fadlil Sumadi when receive students visit of the Faculty of Social and Political Sciences, State University of Jakarta (UNJ) on Monday (20/5).

"The Court serves as the court if there are people whose constitutional rights are violated then submitted to the Court. For example, people who cannot find food because of the rules in the Act, the rights that have been violated, "he explained in front of about a hundred students.

Fadlil explained, as the trial Court cannot ‘ask’ to every citizen whose constitutional rights have been impaired to apply, but they are aggrieved that’s what comes to MK. "The applicant was the one who asked that his constitutional rights restored. To prove breach of his constitutional rights, the applicant can apply for experts and witnesses. The Court will then decide what actually violated the applicant’s constitutional rights or not," he explained.

Speaking about the decision of the Court, Fadlil expressed the most widely deciding cases concerning judicial review. According to Fadlil, states were given the authority to establish laws in an attempt to regulate the rights and obligations of each country.

"That’s where most of the gap between the state and the relationship of the people, but the people are always aggrieved. So people should protest to court. First there is the principle of law and should not be considered inviolable right, but the law is manmade. Now the principles were dumped and replaced," he said.

Meanwhile, the authority of the Constitutional Court to dissolve the political parties, there is a requirement for the Court to decide political parties dissolved. "But the Court has never done this authority because that is eligible to apply for the Government," he said.

After the 1945 Amendment, sovereignty of the people is no longer given by the Assembly. Fadlil explained granted sovereignty to the people and in accordance with the 1945 Constitution. Sovereignty, continued Fadlil, is the highest authority in the country. "Countries that embrace the sovereignty of the people is a democracy and in accordance with the constitution," he said. (Lulu Anjarsari / mh)


Monday, May 20, 2013 | 17:50 WIB 104