The birth of the Constitutional Court started from political reform in Indonesia in 1998. At that time, a paradigm shift towards a very dominant executive power. Even when the legislature can be said paralyzed, because the role of the executive is so dominant.
" The role of the legislature at the time, in this case the House, only to be ‘rubber stamp’ as always approve of what made the executive branch," said a researcher Bisariyadi who was accompanied by moderator, Lisda Syamsu Mardiyan, Lecturer in Constitutional Law at the University of Pancasila.
After the political reforms of 1998, began the mechanism of checks and balances on state power-sharing institutions in Indonesia. There is a balance of power-sharing, not only in the executive branch. “So there are other institutions that balance the powers, namely the legislature and the judiciary," said Bisariyadi.
A demand for political reforms of 1998 also requires changes in the 1945 Constitution. Among other highlights article mentions the term of office of President and Vice President are not limited to only two periods. It is also the role of the Assembly as the highest state institution. 1999-2002, was undertaken to amend the Constitution. The result, among others, limiting the term of office of President and Vice President only two periods as well as the position of the MPR is not the highest state institution, but the state institutions.
Furthermore, Constitutional Court is the duty of giving judgment on the opinion of the House that the President and Vice- President or suspected violation of a law of treason, corruption, bribery and other crimes.
"Of the four powers and the obligations of Constitutional Court, the authority to dissolve the political parties and the obligation to give a decision on the opinion of the House that the President and Vice- President or suspected violation of the law, has never been used by Constitutional Court," said Bisariyadi. ( NanoTresnaArfana / mh )
Friday, November 22, 2013 | 18:43 WIB 134