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Constitutional Court (MK) Chief Justice delivered a scientific speech in the opening ceremony of 7^th Constitutional Week in Underground Mining Training Ground (BDTBT), Sawahlunto which held by Andalas University Constitution Study Central (Pusako), Tuesday (9/3). Hamdan expressed his admiration to one of the founding father, Muhammad Yamin, who was Son of the Sawahlunto’s soil. He said that Muhammad Yamin was the first to address the importance of Constitutional Court in Indonesia. 

In front of Sawahlunto Mayor Ali Yusuf, Hamdan reminded that Sawahlunto gave birth to one of the best son Indonesia has ever had. He was expelled from regular national figures, because his brainchild is convoyed in the 1945 Constitution. He strongly believed that the third republic prophecy must be inherited to the newborn Republic of Indonesia.

In related to MK’s existence, Hamdan retained that Yamin actually was the first to express the importance of high court whose competence is to review regulation to Constitution.

“He was the first to reveal the idea of giving birth to MK. He said that Act may be reviewed under custom or sharia by some supreme constitution. He was the first to disclose the similar idea,” Hamdan said 

However, the idea was rejected by Supomo who was also involved in the 1945 Constitution deliberation. According to him, Indonesia did not adhere separation of power principle. Indonesia was constructed upon togetherness. Supomo suggested that Indonesia still lacked of Law Bachelor back then.

Nonetheless, the idea of supreme institution still fostered until 1999. The idea came into an effect after the regulation suggesting it, conveyed in the third amendment of 1945 Constitution. Judicial Review competence was finally given to MK.

“MK’s competence reflects M. Yamin’s idea. The difference was that yamin thought, back then, the highest law is custom and Sharia,” Hamdan said towards Irwan Prayitno, West Sumatera Governor.

Constitutional Understanding

In the given chance, Hamdan delivered the philosophy of constitutional living. He said that there are three ways to generate written Constitution. First, by people’s agreement about law basis of national living. Second, the constitution being dictated by the colonial like what happened to Japan, Japan’s constitution was dictated as the Islands lost to the Allies. Third, Constitution determined by the struggle a nation fought for and agreed after its own people, this what Indonesia has experienced. 1945 Constitution was constructed by the founding fathers after people’s agreement.   

The Constitution conveys citizen’s rights which called constitutional rights. Our Constitution determines many things ranging from economical to religious education. Our constitution is ultimate, therefore to see full perspective of which, philosophical context must also be included. “Constitution is philosophical, this must be inferred to dive in the abyss of meaning, drenching ourselves onto the core of the constitution,” Hamdan explained

At the same time, Constitution is dynamic and latest development must adjust to find itself in the Constitution.   

“This is why there are so many progressives verdict that MK has issued, every case might be unexplainable in our law, but we rip straight through the core to feel the spirit of social movement. This is important, merely to our grandchildren,” Hamdan said

Moreover, Hamdan expressed his appreciation to the students in West Sumatera who conducted the Constitutional Week event. “Nationalism emerges by us learning through history, the pride of the nation smears after our constitutional understanding. This must be seeded to heart of our children. I present my appreciation to them,” Hamdan retained.

Improvement of Quality

Three days later, MK Secretary-general, Janedjri M. Gaffar closed the Constitutional debate final in Sawahlunto Culture Center. He was impressed by the student performances who competed in the event. He saw an improvement.

Janedjri hoped that the students will implement their Constitutional understanding after participating in the event. Students are considered to own their sovereignty upon Indonesia, according to the Constitution. “They have been blessed by good knowledge, now is how their understanding being completed by good implementation. They have to understand that they are part of this country’s sovereignty and the one who is obliged to guard the Constitution,” Janedjri hoped.  

Furthermore, he praised the participants’ ability. All matters being debated are lecture’s subject for student of 8^th semester in College. He mentioned that such potential must be developed. “Keep learning so you can guard the nation and its Constitution,” Janedjri retained.(Hendy Prasetya/Yusti Nurul Agustin/mh/kun)

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