Universitas Langlang Buana (Unla), Bandung paid a visit to Constitutional Court. The visit was received by MK Researcher, Abdul Ghoffar at Ground Floor Hall of MK Building.
The present of 94 students, 9 lecturers, and the Dean of Law Faculty of Unla was conducted in the framework to learn deeper about law and constitution. They also got a chance to visit Center of History of Constitution at 5th and 6th floor of MK building.
In that opportunity, the Dean of Law Faculty of Unla, Deny Haspada revealed his intention to initiate cooperation with MK in order to deeper understanding regarding constitution. The cooperation will be conducted, among others, through Unla participation in Contitution Debate. Moreover, the Blue Almamater also intended to invite Chief Justice, Arief Hidayat to become a speaker on study program.
Ghoffar welcomed the proposition. He even said that MK has funded Constitution Journal in almost 60 universities in Indonesia. However, on its way, many of the universities have failed in maintaining the journal. Because of that, he hoped that his students and academicians could use the facility to develop scientific writing in the field of law and constitution.
In answering question from one of his student, he said that one of the importances of MK in modern constitutional state was when the constitution has adopted human rights. Shall the provisions has been fulfilled, thus, human right was a super norm, the norm which is above all norms. In constitution, there are a lot of norms, but when the norms were dealing with human rights, the human rights norms won.
Related to case review process which could be filed more than once, Ghoffar said that the review process did not obstruct execution. Law certainty would be acquired once the verdict was inkracth. If the criminal case was decided in appeal level, the execution could be conducted and continued although the review was filed, except for life sentence. “Starting from this principle, in my personal opinion, MK wanted to deliver message to all the citizens, that was beware of the death sentence,” he explained.
There was principle, it was better to release guilty people rather than shoot down an innocent one. This principle was held by MK in deciding that review in criminal case could be filed several times in order to achieve justice for all citizens to ensure protection of human rights. “MK decided that it was part of the constitution and cannot be negotiated,” he asserted.
Moreover, Ghoffar explained that MK Decision was final interpretation of the constitution. so was laws which was product of legislative institution. “The laws was also an interpretation (of the constitution), but it was initial interpretation,” he added. (Lulu Hanifah)
Thursday, January 15, 2015 | 18:18 WIB 119