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Democracy in Indonesia has been running; even thrive, but only on procedural arrangements that still has not touched the substantial aspects. It shows that the problems and challenges of democracy is that procedural democracy interval closer to the point of being more substantial.

Chief Justice of Constitutional Court M. Akil Mochtar said that in Constitution Week VI event held at the Convention Hall, University of Andalas, Padang, Monday ( 2/9 ) morning . "Law without democracy, the rule of law susceptible plunged into a state based laws that suppress legality formal aspects, but nullify public aspirations and values of democracy. Such countries, it is not impossible transformed into an authoritarian state," said Akil in general lecture entitled" Reflections on Ten Years of the Constitutional Court ".

In the context of democratization in Indonesia, for a decade the Court has incised a positive note. Many decision of the Court that encourages consolidation of democracy. Court interpretation of the Constitution proved to greatly affect the mechanism of politics, democracy, and the state administration towards a more mature level. In short, the existence of the Court deemed able to complete the necessary components to strengthen the country’s democratic values not just democracy in the political but also of democracy in all aspects of national life.

The authority of the Court has a very important meaning. With its credibility, decision of the Court adhered to and implemented, although the Court does not have the physical strength to force the implementation of the decision. This is because the Court has always held fast to the principles of independence and impartiality in carrying out its constitutional authority.

In the decade of age raised by Akil, the Court has been acting together with other state institutions in order to build and develop the country more democratic Indonesia. MK also play a considerable part in strengthening the rule of law and constitutionalism, human rights protection, the development of independence and impartiality of the judicial tradition, and the growing trend of judicial activism.

As the guardian of the constitution, the Constitutional Court is the guardian of democracy basically. Position of the constitution as the supreme law obtained because of the democratic nature of the constitution itself, which is that the constitution is an agreement of all the people of a nation. "In the constitution of democratic values that flow and confirmed. Therefore, if democracy is the main idea underlying the constitution, the constitution is the legitimacy of democracy. Linkage constitutionalism and democracy are believed to give birth to constitutional democracy, democratic system based on the constitution," said Akil.

Akil also expressed about the proposed constitutional judges by three different institutions, namely three from the government, three from the House, and three people from MA . Even so, once a person became a judge constitutional oath, then he immediately terminate any attachment to the interests of the proposing institution. Although proposed by three different institutions, in fact constitutional judges compact to maintain the independence and impartiality. "Justice is not a representative constitution and do not represent the interests of the state agency proposing. Partiality judges to constitutional law and justice based on the constitution," said Akil.

Akil further said the constitutional judges so far have the same moral vision, which is positioned as the decision of the Crown Court to be cared for and maintained. Therefore, the quality of the Constitutional Court as an important factor that sustains his authority, the Constitutional Court’s decision is based on the base built and strong legal arguments. "Reading the decision of the Court must also read and understand the legal considerations of the Court. Due to legal considerations, there is the flexibility and depth consideration of the Court which includes aspects of philosophy, juridical, and sociological," he said.

For the Court, the task of the judiciary is not just deciding the case, but also opens up access and easier for people to reach out and get justice from the courts. To that end, the Court as an institution has placed the services of the judiciary governance part of the effort to fulfill the constitutional rights of citizens. This is a unified whole that is inseparable from the process of the Court in check, try and decide the case.

Frontier Justice 

MK is currently considered to be the leading row and the state agencies that collaborate with the principle of judicial independence and impartiality with the principles of transparency and accountability. In this era of democracy, judicial independence and impartiality required to always be accompanied by the principles of transparency and public accountability. Because of these two things is a fence and instruments to keep the Court from any deviation due to fraudulent behavior is often the name of the independence and impartiality of judges.

Akil reminded that in order to maintain the dignity of the Court as a judicial institution at the same time to be able to meet the challenges ahead. The Court requires the support of all parties. The task of maintaining not only the duty of the Court itself, but also the duty and responsibility of all components of the nation, including the universities.

"If I may be honest constitutional judge actually wanted and needed supervision. Due to constitutional justice, meaningful oversight is very important, especially to keep the moral vision and integrity is always maintained, independence is not compromised. Court proceedings so avoid all many interventions," said former member of the House of Representatives.

Implementation of Constitution Week VI Constitutional Court held in cooperation with the Faculty of Law, University of Andalas, Akil expressed delight and appreciation. Because it shows the cooperation between the Court to college can be well maintained and continue to be developed as a necessity. Because of the presence of the Court as an institution of the state in the form and likeness as it is today, cannot be separated from the role of the college.

Constitution Week VI event was attended by Rector of Universitas Andalas Werry Darta Taifur, Dean of the Faculty of Law Universitas Andalas Yulandri, Saldri Isra CEO Pusako FH University of Andalas, chairman of West Sumatra Provincial KPU and Bawaslu, and high school students in West Sumatra, Jambi and Riau . (Hamdi / mh)

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