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Democracy upholds the sovereignty of the people as a party that has a major position in the state system. In this system of majority rule also applies where the nature of the greatest voices will be the winner and entitled to the provisions as desired. However, these systems have weaknesses, not all majority decisions were correct and considered fair, minority voice sometimes felt even fairer in the perspective of the Constitution. Therefore, to compensate for democracy (popular sovereignty), also required the rule of law (Nomocracy) are arranged in order of how democracy cannot be used to justify things that confront the Constitution.

This was stated by the Secretary General of the Constitutional Court (MK) Janedjri M. Gaffar when delivering the material entitled "The Constitutional Court in the constitutional system of the Republic of Indonesia" on Saturday (7/12) at the Center of Pancasila and the Constitution Study, Cisarua, Bogor.

In his speech, which is part of the event Citizens Constitutional Rights Education and the National Seminar on Islamic Education Rahmatan Lil Alamin , Janedjri revealed that the existence of the Constitutional Court is one form of the law enforcement efforts in the constitutional system of the Republic of Indonesia. The powers possessed by Constitutional Court used to avoid any violation of the constitutional rights of citizens that are protected in the Constitution 1945. He cited one of the powers of the Constitutional Court, which is testing the law as a way for citizens to fight for their constitutional rights. "We admit that the process of law making is run democratically in the parliament. But if the substance of the legislation rammed the Constitution, the Constitutional Court os the one who is responsible for keeping the rule of law by testing the constitutionality of the law, "said the man who once had a career in the secretariat general of the People\'s Consultative Assembly.

He also said that the task of keeping this Constitution is not easy, especially for the Constitutional Justice to carry a heavy burden of public confidence in maintaining their constitutional rights. "Running duties as judge of the Constitutional Court are very heavy, they are required to have high integrity, having expertise in the field of public administration, and must put himself as a statesman. They have to maintain the independence and impartiality because on their shoulder relied public trust, "said Janedjri.

Janedjri, who recently paid a visit to some of the Constitutional Court in various countries reveals that the independence and integrity of the Court even has received international recognition. "Achievement of us, especially after the election yesterday, was appreciated abroad, (Constitutional Court of) Russia, Thailand, Azerbaijan, Kazakhstan, all praise to our success in the presidential election to decide disputes and extinguish the greater the potential for conflict," he said.

Public support

In the seminar which was attended by hundreds of leaders from Pesantren from all around Indonesia, Janedjri also explained that the Constitutional Court will accept and serve those who feel their constitutional rights violated by the enactment of an Act, no matter who or whatever their background. "A teacher who wear flip-flops or a security guard who asked alone without the presence of legal counsel all will be received, do not worry everything will be served and is free of charge," said Janedjri.

 

"Not to worry, you do not need to use the services of legal counsel or so, you can come to the Court or look at the website for consultation litigation. Convince the panel of Justices that your constitutional rights have been violated, then whatever you request it must be granted, " he added.

 

The man who have been involved since the beginning of the establishment of this Court also advised, that the task of maintaining the independence of the Court is not just a burden on the Justices or the employees, something that is considered more important to him is public participation. "Therefore, in the process and the implementation of the Court\'s decision, it must actively engage communities that together we keep the country intact and organized," said Janedjri. (Winandriyo Kun)

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