---

 “Why Judicial Review competence is being given to Constitutional Court? This is such huge question,” Abdul Ghoffar said, Constitutional Court (MK) researcher when hosting Students from Atma Jaya University Yogyakarta. Thursday (11/13) morning.

Ghoffar hinted, judicial review exists for some reasons. One of which is politic uncertainty. Before the amendment, Constitution was being interpreted arbitrarily. For example, Constitution 1945 says that President is People’s Consultative Assembly (MPR) mandatory.

“President was legitimated. By time’s going, the President dispersed middling authorities to other institutions,” Ghoffar cited.

He added, old Constitution adjudicated 2/3 of MPR members were chosen by the President, representing regional envoys, interest group and Military. The rests were DPR members who were chosen by general election mechanism.  

“During that time even when Golkar loses, The President is remain unchanged. Hence the defile mechanism,” Ghoffar said. According to Ghoffar, that was the major failure in Constitution which must be eroded completely, to hinder authoritarian.

MK Authorities

Moreover Ghoffar explained MK’s effects concerning its authorities. Act constructed by President and Parliament can be annulled by common agreement of five Constitutional Justices.

“Five votes are powerful enough to outmaneuver hundred votes from DPR, DPD members and President’s,” Ghoffar said. He also added that emergency-labeled lieu of law may also be subject to be annulled in the Court.

“Usually something impasse is understandable. Just in Indonesia, the crisis can be petitioned to MK,” Ghoffar said.

Ghoffar added, recent lieu of law issued by former President Soesilo Bambang Yudhoyono is somehow being scrutinized.

“We just deliberating 7 cases related to the lieu of law,” he said. (Nano Tresna Arfana/mh/kun)

---