Judicial independency is substantial benchmark in judiciary matters. It sets crucial role to withstand any influence from others, in order to brace legal-based state.   

“Judiciary is guardian of law. It is MK’s duty to guard constitution,” Chief Justice Hamdan Zoelva said in public lectures conducted in Bali. The event, entitled “MK’s Role in Constructing Constitutional Awareness for Democratic Legal State,” was held in Udayana University, Bali, on Friday (8/22). Our Constitution was incredibily formulated and its principles reflect Indonesia’s diversity.  

Hamdan explained the idea of MK formation was actually pondered way back to decades ago, alongside with the formation of 1945 Constitution, but the idea was rejected by Supomo, because, back then, Indonesia didn’t adopt separation of power system. Until finally there was amendment to determine that sovereignty is in the hand of people and complied after 1945 Constitution, which means sovereignty follows constitution within legal principle.  

MK is instrument to guard constitutional principle and situated in strategic stage on national’s way of living. “You can figure a product which is generated in years by 560 People’s Representatives and entire boards of executives, can be annulled after 9 Judges’ judgment’ he retained.  For which authority, Hamdan emphasized that people’s voices equivalent of God’s voice and nothing can bear that. Therefore, it is a must to guard people’s voices.

Might as well for election, MK will assure whether votes have been given as determined in Constitution or not. It also must be proven that   people’s votes were given without hurting constitutional sovereignty.

“This is where MK takes important role, MK as the guardian of Constitution-based country may guide and be counselor for anyone who feels hurt by the ruling of particular Act,” Hamdan explained.

Closing his lectures, Hamdan delivered that today no any single institution is higher than another, executive, legislative, and judicative are all level. Positioning mill is just paradigm dynamics produced after 1945 Constitution amendment and MK formation  

The lectures were attended by Rector Prof. Dr. dr. Ketut Suastika, Dekan Udaya Prof. dr. I Gusti Ngurah Waiyocana, Bali Province Secretary I Wayan Sugiada, Emeritus Constitutional Justice Prof. dr. I Gede Palguna, and all bachelor and master student of University Udayana Faculty of Law. (Panji Erawan/mh)