When Constitution amendment paved a way for Constitutional Court (MK) to be constructed in Indonesia’s administration, MKRI joined the relatively-new part of modern judiciary system throughout the globe. Its birth placed MKRI as 78^th Constitutional Court that have ever been formed worldwide.

The statement was delivered by MKRI Secretary-general, Janedjri M.Gaffar who was accompanied by Deputy Chief of Mission Bebeb Djundjunan, to the Bangkok-residence Indonesian at Embassy of RI in Bangkok, Friday (10/3). Janedjri described Indonesia’s democracy development and MK’s role.      

Constitutional Court might encounter steep, as what happened in several newly democratic countries. In Ukraine, president does not name justices, thus Ukraine Constitutional Court can barely reach quorum in every of its decision. In Indonesia, MKRI is loved yet-hated. People trust MKRI but hated by those whose petition was scrapped. “If particular Act considered hurting someone’s constitutional rights, they may file a lawsuit to MK and if it was later proven, MK with no hesitance will curb the Act as determined by the Constitution,” Janedjri explained.

MKRI presented to guard and enforce the Constitution and equalize flaws conveyed by democracy. Democracy worships majority and represented by the existence of parliament. Nomocracy must bear to equalize the parliament, and there is where MK shall stand.

MKRI has decided for more than 500 Acts. 10 per cent of those were proven trespassing the Constitution , the annulment ranging from the phrase, words, Articles, to utter. There are five Acts have been scrapped utterly.

Election is also a part of MKRI’s competence. MKRI is competent to decide over election disputes. However, its competence in deciding over regional election was removed by its decision.

In the Forum, Janedjri revealed that the People are not very aware in complying MKRI’s verdict. “Related to Pemilu, our people are only ready to win, not otherwise. Even worse in regional election, 450 out of 500 pemilukada were being brought to MK, but only 10 per cent of which were finally granted. It says that KPU has completed its duty well, nonetheless we still see flaws,” he explained

This is our duty so the law can erect in our nation. Law is not just its substance, but also administration and its culture. “MK’s decision is not something to be discussed, it supposed to be used in academic study. MK’s decision must be complied given its final and binding status ,” Janedjri said

According to Janedjri, the recent Constitution is well enough in covering and guaranteeing people’s sovereignty. Moreover, the Constitution paves formation of state institutions in order to protect citizens’ rights. (Yogi Djatnika/mh/kun)