Students of SMK Negeri 2 Pati Regency, Central Java to the Constitutional Court ( MK ) on Monday (28/4) in the mornin. Their arrival is accepted by researcher Abdul Ghoffar. On that occasion , among others Ghoffar explains the position of state agencies and authorities and obligations of the Court .

Ghoffar said prior to the 1945 Constitution changes , in Indonesia there is a supreme institution and state institutions . The system locates the People’s Consultative Assembly ( MPR ) as the highest state institution . While the House of Representatives ( DPR ) , the President , the Supreme Court ( MA ) , the Supreme Audit Agency ( BPK ) , and the Supreme Advisory Council ( DPA ) are in equal position .

At that time , if there is a dispute or disputes between state institutions theoretically mediated by the Assembly as the highest state institution . But in practice, when there are disputes between state institutions mediation was not done . Because the Assembly is an institution that two-thirds of its members are from the appointment and the appointment by the president . While the remaining one-third of the members of the Assembly election results were filled often won by the ruling party at that time .

After the 1945 Constitution changes , state administration system in Indonesia is the functional horizontal , not vertical hierarchical . MPR no longer be the highest state body , but equal with other state agencies . Because the position of inter- agency already equal , when there is a dispute among them , there is no longer the highest state institutions which mediate . In these conditions required independent agency authorized to mediate disputes between state agencies authority through its authority to decide disputes between state agencies . In this case , the Constitutional Court .

In addition to the authority to decide disputes between state agencies , the Court authorized the Act against the Constitution that it is the main authority of the Court . The authority of the Court next , dissolution of political parties , and election results to decide disputes ( PHPU ) including PHPU election . While the obligation of the Court, make a decision on the opinion of the House of Representatives regarding the alleged violations by the President and / or Vice President by the Constitution .

At the meeting , Ghoffar also touched on the Theory of Sovereignty of the People and Theory of Sovereignty Law . Indonesian state , at least apply such theories . In Article 1 paragraph 2 of the 1945 Constitution states that sovereignty belongs to the people and implemented in accordance with the Constitution . Derivative of the Sovereignty of the People known by the majority of prioritizing democracy : one person , one vote , one value .

" As a teacher , for example , is equal to the value of his voice students . A professor , when the ballot to the polling station , his voice equal to the value of motorcycle taxi drivers and others . This is the weakness of democracy . Due to the same , there is the fact that the tyranny of the majority cannot be eliminated . The tyranny of the majority can take action to minorities , "said Ghoffar .

In contrast to the Sovereignty of Law which states that the highest authority in a country is the law itself. " Regarding Sovereignty of the Law referred to in Article 1 , paragraph 3 of the 1945 Constitution , that Indonesia is a country of law , " said Ghoffar . ( Nano Tresna Arfana / mh )