Some questions are delivered from the Students of Faculty of Law (FH) State Islamic University (UIN) Sunan Gunung Djati, Bandung during a visit to the Constitutional Court (MK) on Monday (5/1) afternoon. One of the questions objected of chocolate thieving by a grandmother whose punishment somewhat heavier than a corruption case.
"Before addressing the theft case, I will first explain differences in the common law and civil law. Common law is the law of life habits, "said researcher of Constitutional Court (MK), Abdul Ghoffar to students.
"Once all the law was in the hands of the king, such as occurs when the prophet Solomon decided the thug of war for the baby between two women. In a way, more and more cases occured, the king was not able to give a decision on the number of cases. Then the king appointed godly people to be the judge, "added Ghoffar.
Than era changed, increasing number of judges. As a result of the same case, different decision caused by different judges. Law then switching, from the unwritten to be written. Then appears the so-called civil law in term that law action refers to written law.
"As long as there is no written law, then a person cannot be convicted," said Ghoffar who was accompanied by the moderator, U\'u Nurul Huda SH.MH. as a lecturer at the Faculty of Sharia and Law UIN Sunan Gunung Djati, Bandung.
Associated with the theft of chocolate by the grandmother, said Ghoffar, criminal sanctions already exist in the Criminal Code. So what went wrong? "This is the next measure, it turns out that the civil law should be corrected periodically. That the discovery of judges should be accentuated, the conscience of judges should be encouraged, "said Ghoffar.
When the case of common law judges a lot of like-like a different sentence, people want civil law. Then after the civil law, it turns out people want a return to the common law. Then came the theory that good restorative justice is to restore justice to the initial state.
"In the case, the judge must be in a restorative perspective state to fix it. Would it solve the problem? Or then summoned the parties to sit together, \'What are your losses? Anyway do not have to be convicted. Can be replaced with the money? \', "Explained Ghoffar.
In addition to answering a number of questions from the students, at the meeting Ghoffar also describes the four powers and the obligations of the Constitutional Court. The first authority of the Court is to conduct judicial review of the Constitution Act, 1945. The authority of the Court is to decide disputes other state agencies the authority granted by the 1945 Constitution.
Next, the Court has the authority to decide the dissolution of political parties and decide disputes election results. While MK obligation is required to provide a decision on the opinion of the House that the President and / or Vice President suspected of treason, corruption, bribery, or other criminal acts. (Nano Tresna Arfana)
Monday, January 05, 2015 | 16:44 WIB 132