Head of the Public Relations and Domestic Cooperation Fajar Laksono welcoming law students of the Magelang Muhammadiyah University in the Delegation Room of the Constitutional Court on Tuesday (22/1/2019). Photo by Humas MK/Ifa.
In the parliamentary government system, the head of state can be overthrown, while in the presidential system the president cannot be impeached easily except according to law. This was conveyed by the Head of the Public Relations and Domestic Cooperation Fajar Laksono in front of 51 students of the Law Faculty of Magelang Muhammadiyah University in the Delegation Room of the Constitutional Court on Tuesday (22/1/2019).
Furthermore, Fajar gave an example of the impeachment of the leadership of late President Abdurrahman Wahid, where there was no strong evidence of the cause of his impeachment. The impeachment of the president, who was addressed by Gus Dur, Fajar added, was more due to political climate of Indonesia at that time. "Therefore, the Constitutional Court was presented in the constitutional system in Indonesia to organize and correct deviant past practices," said Fajar in the presence of UM Magelang Law Faculty Lecturer Harsono as moderator.
Through its authority, the Constitutional Court is obliged to give a decision on the opinion of the House when the president and/or vice president are suspected of committing a violation, aside from the authority to examine the laws against the 1945 Constitution of the Republic of Indonesia, deciding upon authority dispute of state institutions whose authorities are granted by the 1945 Constitution of the Republic of Indonesia, and deciding upon the dissolution of political parties. "[However], since the beginning until today the Court has never received a case for the dissolution of a political party," Fajar explained.
Fajar also encouraged the students to be part of the community that exemplified the importance of critique of court decisions. Indeed, Constitutional Court decisions must be fully understood, both the legal considerations and the verdict. Thus, Fajar said, there would be no misunderstanding of the decisions passed by the Constitutional Court on various cases filed to the judicial institution. "In building constitutional civilization, clear moral sense is needed. So, when the Constitutional Court decides on the interpretation of the constitution, we accept and execute it. If we undermine the verdicts that have been passed, what is the use of the Constitutional Court?" Fajar asked the students.
After introducing the Constitutional Court within the constitutional system of Indonesia along with its main obligations and functions, Fajar encouraged the students to discuss matters that they wanted to know more about the Constitutional Court and the cases that the Court had settled since its establishment. (Sri Pujianti/LA/Yuniar Widiastuti)
Tuesday, January 22, 2019 | 18:00 WIB 153