The Constitutional Court received a visit from students of the Faculty of Law ( FH ) University of Pasundan Bandung received by Bisariyadi , researchers Court on Monday ( 14/4 ) . In addition to receiving a visit , Bisariyadi also deliver materials about the authority of the Court and the composition of constitutional justice . The students of the green -jacketed alma mater was eagerly listening while occasionally asking questions .

He began his presentation , Bisar delivers constitutional change causes the Indonesian state system change. One of the institutions that arise from changes in the state constitution that is MK . As stipulated by Article 24 UUD 1945 , the Constitutional Court is one institution of judicial power together with the Supreme Court ( MA ) . Even so , there are some fundamental differences between the Constitutional Court and the Supreme Court .

When the Court only in Jakarta , MA has some judicial bodies under it and have some room justice . Regardless of the purpose to provide legal certainty , the absence of justice in the Court levels also led to the decision of the Constitutional Court are final and binding . Therefore , the decision of the Court can not do an appeal or judicial review as in MA .

At Bisar , as he is usually called , asking what authority the Court , FH Pasundan University student was the right answer that question . As is known , the Court has the authority and the obligation four . All four , namely to decide disputes election disputes ( PHPU ) , the authority to decide disputes between state agencies ( SKLN ) , cut case of judicial legislation ( PUU ) , and the dissolution of political parties . Meanwhile , an obligation that is owned MH give a decision on the alleged grave violations committed by the president / vice president .

" Until now the only two who have not been to trial Court , namely the dissolution of political parties and give a verdict impeachment . Why ? Because until now no one has applied for the case to the Court , "said Bisar .

Both types of cases that have never been heard by the Constitutional Court does have special requirements to file a petition . For the dissolution of political parties , only the government alone can apply . Political parties can be dissolved only political party that has proven principles contrary to the ideology of Pancasila . " German Constitutional Court to dissolve once one party as opposed to the principles of their country , which base on neo nazi party . In Indonesia , for example, that based on communist socialist party can be disbanded . However, it must still be checked first by the Court whether the government alleged is true. It is important to maintain the freedom of association and assembly , "said Bisar .

Judge composition

On the occasion, Bisar also explains the composition of the Constitutional Court judges . Judge of the Constitutional Court of nine people . Three people carried by the House of Representatives , three men carried by the President , and three others chosen by the MA .

Associated with the mechanism of selection of judges of the Constitutional Court by the bearer of the three institutions , the legislation handed it to them to make the internal mechanism . Parliament has been known for a fit and proper test to screen constitutional justice candidates. However , Bisar revealed , the House never once did the appointment directly to Jimly Asshiddiqie to be a constitutional judge . The President has ever appointed to be a judge Patrialis directly without a presumption that the public mind. ( Yusti Nurul Agustin / mh )