The Constitutional Court received a visit from a number of professors and students of the College of Vocational and Educational Sciences Department of Pancasila Moral Education in Garut, West Java, in the hall of the ground floor of the Constitutional Court, Jakarta, Tuesday (02/11/2014). Their arrival was greeted by researchers Fajar Laksono Soeroso.

On the occasion, Fajar explained that the Court is now experiencing a crisis of confidence after the arrest of Chief Justice at the time, Akil Mochtar. Fajar recognized to restore public confidence in the Constitutional Court is a big job. One has been done is to restore public confidence in the Board of Ethics to establish the Constitutional Court.

"Basically, we set up a board of ethics to maintain ethics and conduct. If we do not violate ethics, then it certainly will not be breaking the law. We form the board of ethics to keep the behavior of judges, instead of watching," said Fajar.

In addition, the Court also maintains the quality of the Court’s decision and maintains services that are already good. Before the events of yesterday, the Court services are considered very well. Even the Constitutional Court of the Republic of Indonesia is one of the ten best in the world. The indicator is constitutional court able to follow constitutional and legal developments in the country.

The importance of the Court

Fajar also explains the existence of the Court at this time is considered very important in the state. The foundation of the establishment of the Court is the Constitution of the Republic of Indonesia Year 1945, which is the supreme law of the nation and state of Indonesia. "The 1945 Constitution was the peak of the hierarchy of a state law. Law is tiered and culminating in the constitution. Must be maintained and enforced because it was the highest we deal," he explained.

Thus, to ensure the 1945 Constitution upheld, it needs to guard and escort the Constitutional Court with the constitutional judges. In the context of state law, the Court is necessary to uphold the constitution. The idea of ​​the idea of ​​the establishment of this institution stems from the suggestion of Hans Kelsen, a renowned constitutional law expert. Kelsen was appointed as an expert advisor in the framework of the idea of ​​designing a new constitution Austria in 1919. "It was he who proposed the creation of this institution to be called the Constitutional Court which was officially established by law in 1920," said Fajar.

According to Kelsen, the need for a state agency specifically tasked to guard the constitution and guarantee to be implemented. The agency is a constitutional court, a state agency that is separate from the Supreme Court. The idea evolved to almost every country in the world. Although to date there are still some countries that do not have the Constitutional Court.

The importance of the Court was not separated from the momentum shift from authoritarianism. A change in the constitution is the impact or the accompanying political reforms. The political reform necessitates the emergence of constitutional reform since the constitution is the supreme law.

Court emerged as the constitutional amendment package. It involved the establishment of the Constitutional Court in Indonesia. The existence of the new order era got government dilapidation due to the constitution that was assessed as having flaws and loopholes. "For example is when the new order, in 1945 there was a provision for the president, which is said to be re-elected president. The implication is President Soeharto continuously been indefinitely elected," he said. ( Lulu Hanifa / mh )