Three students from the University of Gadjah Mada (UGM) originally from Japanase, accompanied by two teachers one lecturer of Japanese descent, and one lecturer and constitutional observer Oce Madril, a visit to the Constitutional Court on Tuesday (25/02/2014).
Fifth was warmly welcomed by Guntur Hamzah, Head of Research and Case Studies, Management of Information and Communication Technology (P4TIK) MK in his office on the 3rd floor. They asked many questions about the existence of the Constitutional Court and its powers. Guntur explained that Constitutional Court was born since August 2003 as a result of the Third Amendment of the 1945 Constitution. The Court based on the Constitution and Constitutional Law 24/20013 gives four powers and one obligations.
"The authority of the Court in the main as other countries are testing the Law of the Constitution , the state agency the authority to decide disputes, dissolution of political parties, deciding disputes over election results, and the obligation to decide opinion of the House about possible violations of the Constitution by President and Vice- President (impeachment)," Guntur said.
Although studying at UGM, the students who do not speak Indonesian inquire further about these obligations over the impeachment Court President / Vice President. “What can the Court dismissed the President?" asked the professor asking questions of students.
Guntur explained otherwise proposed by parliament (DPR), the Court can not directly processed. "MK is passive, waiting for a proposal from parliament first sued to MK. Each proposal, the Court may not refuse, must process it. There are two possible decision of the Court to the Parliament’s proposal, the President / Vice President it violates the Constitution, it violates the Constitution or not," said Guntur.
Relevant authority that the dissolution of political parties also asked, explained further that the applicant is government dissolution of political parties. “It will be examined and tried by the Court," said Guntur.
"For example, how?" inquired the student.
For example, a political party whose ideology is not in accordance with the values of Pancasila and the Constitution, then the parties may be filed by the government to be dissolved. Related to this authority, Oce Madril participate exemplifies the Indonesian Communist Party (PKI) that once lived in Indonesia. PKI communist ideology is deemed incompatible with the principles of Pancasila. Despite all, until now there has been no case of dissolution of political parties.
In the context of current developments, Guntur explained that most cases go to the Court is the authority to decide election disputes. "Ninety percent of the General Election in Indonesia sued to the Court," he said.
When compared with MK in other countries, some of which have not owned MOJ authority of which is constitutional complaint. “For example, Mr. Oce as UGM lecturers, then suddenly should not be taught in college, then Mr. Oce could propose constitutional complaint because constitutional rights are violated by the college to teach," said Guntur cited. Another authority not owned is constitutional question as in the German Constitutional Court. (ay/ mh )
Tuesday, February 25, 2014 | 18:57 WIB 234