M. Guntur Hamzah, Head of Cases Research and Information Technology Development, said that in the first place of its embryo, Constitutional Court, through the concept of judicial review, had its independency been challenged. In front of forty Prosecutors who paid a visit to the Constitutional Court on Monday (9/22), Guntur hinted one major case happened in the US. 

“The case was Marburry v. Madison which took place in 1801, a major and interesting case in the perspective of constitution,” Guntur said

According to Guntur, who is also a Professor at Hasanuddin University, the case smeared dilemmatic circumstance, it put President John Adams’s and ongoing Thomas Jefferson’s reputation on stake.

William Marburry, was appointed to be Justice of Peace by President John Adam, while his presidential tenure is ending. Nonetheless, the commission was postponed by the new Secretary, James Madison. The case was later petitioned to Supreme Court which headed by John Marshall, a former Secretary under John Adam’s administration. Havoc turned to a year shutdown, preceding ultra petita decision that declined the petition in 1803.

Indonesia has its own historical milestone for Constitutional Court idea as one of its founding fathers, M. Yamin, delivered the idea of the existence of judicial review institution was important. But it was nixed by Supomo, who emphasized that there were not so many law experts existed back then. The idea could only find its path after the third amendment of Constitution which led to MK formation in 2003.

Aside from giving explanation about competences and authority, Guntur also stated that MK was set to be accountable and modern institution. “It is proven as MK is now considered the tenth best around the globe, and sit comfortably in second for Asia,” he said.

The visit also comprised sightseeing to MK’s history center which located in 5^th and 6^th floor MK building. The visitors were allowed to visit the history center which contains a glimpse history of Indonesia’s Constitution. The history center will be officially open for public by President-elect Joko Widodo on November. (Winandriyo Kun)