Secretary General Gives Discipline Training to Court Employee Candidate
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One of the demands for political reform in 1998 was the 1945 Constitution’s amendment. "Prior to the amendment, the 1945 Constitution consist of opening, substance, and explanation. After the changes, it consisted of opening chapters," said Secretary General of the Constitutional Court (MK) Janedjri M. Gaffar, as the informant in Disciplinary Training for MK prospective employees on Sunday (23/2) in Rindam Jaya, Condet, East Jakarta.

Janedjri explains, there are some things that become the background of the 1945 Constitution’s amendment. Among them, because great powers from the Assembly, the Assembly declared even as the highest state institution. Another thing is because the enormous power in the President.
"Next, as the articles in the 1945 Constitution are flexible, giving rise to multiple interpretations. Example, in the provisions of the 1945 Constitution before the amendment, noted presidential term for five years, and the next period can be re-elected. Can be re-elected not clear how long the term of office of President, this is not clear," explained Janedjri that deliver material "Constitutional Court in Indonesia’s Constitutional System".
It is said by Janedjri, the amendment aims to answer the demands of reform, to improve matters relating to governance, sovereignty, human rights, and separation of powers, social welfare, the existence of democracy and the rule of law and other matters with the development aspirations nation.
The idea of ​​the establishment of the Constitutional Court was born in the amendment. Court was formally established on August 13 of 2003. Why is the presence of MK needed? “With the changes in the Constitution, there is no higher institutions and the highest state institution. Our constitutional structure is no longer vertical - hierarchical, but the horizontal - functional. All state institutions whose establishment was ordered by the Constitution, the authority set limitedly by the Constitution, equal," said Janedjri.
"Changes in the structure of the state administration did not rule out the occurrence of disputes among state agencies. Therefore, the Court is authorized to rule on the dispute authority of state institutions. For example, once a dispute between the Council and the Parliament, to do with the filing of the prospective members of Audit Board," said Janedjri.
Janedjri further explain his theory of sovereignty, the sovereignty of God, King Sovereignty, Sovereignty of the People, Sovereignty of Law.
 "If you study the Constitution, you can find out that the 1945 Constitution adopts People’s Sovereignty of the Law as well understood," said Janedjri who was accompanied by Head of Finance and Personnel MK, Rubiyo.
“People Sovereignty means the sovereign people who, understand this produces the so-called democratic system. If you understand Sovereignty Law system generates nomocracy. Democracy must be balanced with nomocracy," said Janedjri.
In spite of all that has been disclosed by Janedjri, he was concerned with the events experienced by Akil Mochtar he describes as ‘ tempest in October’.
"That’s integrity. No matter how supervision is built, if the integrity ugly, yes it is useless," said Janedjri. ( Nano Tresna Arfana / mh )

 


Sunday, February 23, 2014 | 21:08 WIB 153