Senin, 03 Maret 2014

My Story Visit Great and Inspiring Judicial Institution, Constitutional Court


21th November 2013, we have planned to going to Constitutional Court, I and 6 of my friends started from Cikarang at 05.45 and as usual, there was traffic everywhere and we arrived in Constitutional Court at 08.40. Saw some tight security regarding the previous conflicted that just happened and broke some court’s stuff. We’ve brought to 4th floor and were going to such a room (same room like i visited before) and waiting about 15 minutes to start the dialogue. 

Exact at 9 o’clock, there is someone what we knew he is Fajar one of the Puslitka (Pusat Penelitian Pengkajian Perkara) member was came in this room. And he was started the introduction about his self. He was explained first about the condition in Constitutional Court after Akil’s got arrested and it was such an extra  effort to take back of this court’s prestige. Then next is about the story of the constitutional court’s that i already about this in last visit. He explained about the amandment of constitutional, and in the third amandment, there is article about Constitutional Court, and according to Law 24 year 2003 about  Constitutional Court this court has been built. Another important point that he explained to us how there are differences of verdict in different chief judge. In Dr. Jimly’s era, the kind of verdict is like academic verdict, in Prof. Mahfud’s era the kind is progressive verdict and then in Dr. Akil’s era the kind is politic verdict.

Indonesia as the 78th country for having constitutional court. Another important point also is there is weakness in constitutional court’s verdict is no executor for implement all of those verdict, so it is weak to the state institution to implement the verdict. In 2009, was the busiest year which constitutional court has 244 cases to decided. There is no problem for constitutional court with just has 8 judges. Normal dismissal for judge in constitutional court, that this institution will send dismissal letter to House of Representative 3-6 months before the day. But, for Akil’s case now the dismiss is on process. There is no examination for every verdict that already decided, the only way to get justice if there is injustice verdict is sue the person through criminal or civil claim.

After this dialogue, we were going to court room and would like to see perpu 1/2013’s case. But unfortunately, the plaintiff did not bring the witness so judges decided to give them the written statement and the trial will continue on 5th december. After that, we decided to wait next court which is at 13.30. in the court, the schedule was hearing the expert and witnesses and the case is general election in North Sumatera. The process was going good but there is one condition about how the judge which is Arif Hidayat and Harjono had argument with plaintiff about 30% from 100 and in the court, we saw Prof. DR Yusril Ihza as attorney of plaintiff. The trial went about 2 hours. After the trial has done, so, our journey visit is officially end.

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