Constitutional Court (MK) welcomed teacher candidates visit from Semarang Veteran Teacher Institute. MK Researcher Fajar Laksono openhandedly accepted the visitors at MK meeting room, Tuesday (10/28).

In the event, Fajar described the brief history of MK. MK has contributed in democracy and law development, the relatively new institution defies its junior status with huge milestones its carving on. “MK’s presence in guarding the constitution is not just a poser move. It is more an achievement in democratic process,” he said.

The history says, Constitutional Court was first established in Austria in 1920, after the constitution amendment took place in the country by the initiation of Hans Kelsen. The idea was widely accepted in post-communism countries, as the new exposure of democracy taking out the package in one bundle. In such countries, political reform must convey constitutional reform and the existence of Constitutional Court is inevitable.  

“Why was it taking so long for us before we really plunged into democracy after reform? Because our constitution left many space to be infiltrated of undemocratic measure. Thus political change requires further amendment,” he said

In Indonesia, idea of MK was inferred in the third amendment of 1945 Constitution. The plot of MK was still blurry during that time so we committed a comparative study to several countries. “Does MK stand alone or is another chamber to the Supreme Court, after many comparative studies, MKRI adopted Austria’s hierarchy to established Constitutional Court in single chamber. Some countries adopted the competence to be included in MA’s supervision,” he added.

Moreover, Fajar explained MK is obliged to maintain the Constitution immaculate. Thus, it is magnifying Constitution Supremacy. Every regulation must align with the Constitution. Bills are usually packed with politic nuance, hence its legislature derivatives.

“We may observe what happened in parliament in law-making process. Legislatives are representation of each party, political interest smeared in the deliberation of bills and constitutional norms might be abandoned,” he said

Through MK, all citizens may propose for judicial review to struggle for their Constitutional Rights, in the name of Human Rights. (Lulu Hanifah/mh/kun)