The fourth amendment of 1945 Constitution was meant to guarantee people’s sovereignty and glorify democracy, replacing old political pattern which was degrading people’s sovereignty. “Constitutional Court was crafted after Constitution amendment, therefore Constitutional Court is a product of reform,” Fajar Laksono, P4TIK Researcher said on Monday (10/13) at MK hall.

Fajar towards around 25 students from Darussalam University explained that MK’s existence is certain to every country which reflects its constitution to democracy, Indonesia is not exceptional. “This awareness aroused in 1921 when Austria established the first Constitutional Court. The model spread all around the globe since then.” He explained. This symptom indicates that Constitutional Court is more like an inevitable demand for a state to adjust in modern civilization living.

For Indonesia, Constitutional Court is a relatively-new institution, although the idea of its authority had been pondered back then when state established. Nevertheless, when it took form five years after reform era started, it perceived a crucial status in law enforcement attempt.  

MKRI took many references from its counterparts in South Korea. Similarities can be found in its hierarchy, authorities, and competences. “The difference lies in constitutional complaint authorities, to which MKRI hasn’t adopted yet,” Fajar revealed.

Dissolving Political Party

In a 40-minute long visit, several students addressed questions about MKRI’s competence. Syafii asked about MK’s competence to dissolve political party. “What assessment utilized by MK in deliberating to dissolve political party?” Syafii asked.

To the question, Fajar said that dissolving political party is a thing that MK has never taken any action to, until now. “Let me remind that the competence is used to strengthening party’s position. That is why such competence must be requested by competent side (government) with prompted by sensible reason. We don’t want to repeat Masyumi’s case,” Fajar cited Masyumi dismissal which executed with no reason.   

“The competence is given to MK so the government ruled responsibly and abolishing oligarchy ways of governing,” Fajar added. According Fajar, suitability of party’s philosophy to Pancasila is main measurement in deciding over political party’s dissolution.

According to Darusalam University Sharia Faculty Dean Iman Nur Hidayat, the visit is a reciprocal to Mahfud MD’s (former MKRI Chief Justice) visit in 2011. Aside from MKRI, the students were scheduled to visit Supreme Court as well.(Winandriyo K.A/mh/kun)