EMANCIPATION AND CONTINGENCIES
1:
Measuring Constitutional Court (MK) Rechtpositie as Sentra Collective Legal Awareness Post-Ratification of Act. No. 8 of 2011
Arif Hidayat2 and Ayub Torry Satriyo Kusumo3
Abstract
This article will discuss about Constitutional Court's role as a center for culture-ideology of Pancasila as the embodiment of strengthening the national integration of Indonesia. Pancasila is the ideology of a nation that is a source of constitutional values. Strengthening the ideological consciousness of the nation will be reviewed from the dimensions of reality, idealism, and the dimensions of flexibility. Constitutional Court as the guardian of the constitution are automatically also means as the guardian of Pancasila as the material constitution and defend it as an open ideology. Berkonstitusi conscious culture is created not only know the basic norms in the constitution. More than that, it also takes real experience to see and apply the constitution in the practice of the life of society, nation and state. Therefore, the growing culture of conscious berkonstitusi is a long and continuous process.
Keywords: Constitutional Court, Constitutional Literacy, Ideological Consciousness
A. INTRODUCTION
Political freedom that often people refer to as democracy which we derive the imposition of post-Suharto often considered to be the end of the radical political agenda. Democracy in its current, always interacting with our social problems. This situation gave birth to two trends: (i) limitations in the theories that explain the importance of extending freedom and emancipation and (ii) the widespread skepticism about radical politics. This paper intends to provide theoretical reasoning about the natural conditions that actually puts liberal theory and the thought of emancipation became so important and its correlation with rechtspositie Court as guardian of the constitution (the guardian of constitution) who lived in the joints of national and state.
1 Contingency is a rough translation of the word contingency that could literally be interpreted as events,
expectations must be achieved in the future but probably not predicted in the present moment. Deliberately taken in such form, given the difficulty to find a counterpart in the Indonesian vocabulary. Own conception of contingency here refers to the conception of Rorty about the state of flow 'without a specific ontological attitude', that there is only change and tradition as the traces of such changes. Contingency in one or another way to imply a kind of relativism against all standard forms of existence in a world at once present a certain pragmatism in attitude teruatama face constant stream of changes and unexpected. To understand this situation, Rorty uses Sartre's vocabulary of 'meta-stable' ie a state that does not allow to take an attitude of 'definitely' be rigid as a result of the awareness that the way to describe and present attitude is always under the possibility of change, the realization that attitude is very vulnerable to change. See the Rorty, Contingency, Irony and solidarity. Cambridge. Cambridge Univesity Press. 1989. Second Edition. 74.
2 The Chairman of Constitutional Law and Administrative Law of the Semarang State University
(UNNES), an active member Association of Teachers of Law on the Constitutional Court (APHAMK).
By the time we find a rule or law that contains provisions that govern how government is run, it means we have found part of the constitution. The Constitution is a set of rules or basic laws contain provisions about how the government managed and run. Hence the rule or law contained in the constitution that set up things very basic of a country, as well as the constitution is said to hold on to the basic law in the administration of a State. Because of his position is very important that the constitution should be understood of all citizens. Paradigm of thinking in the formulation of articles of the Constitution 1945, such as state organizations, human rights, people's ideals, and principles of state ideology is very relevant to strengthen the institutionalization of the collective consciousness of law (constitutional) in Indonesia
B. DISCUSSION
1. Constitutionalism: Between Emancipation and Contingencies
In the teaching of law, constitutionalism, commonly called the principle of limited government is the main basis of general agreement or consent (consensus) among the majority of buildings are idealized with respect to the state. If a consensus or general agreement that collapsed the collapse also the legitimacy of state power is concerned. Benchmark upholding constitutionalism rests on three elements of the agreement; agreement on a common goal; agreement on the rule of law as the basis of government; and agreement on the form of institutions and administrative procedures relating to building state organs and procedures regulate power, relations between the state organs to one another, and the relations between organs of the country with citizens.4
The Constitution is a concretization of the functional point of constitutionalism that has a symbolic function, namely as a unifying force (symbol of unity), the reference to national identity (identity of the nation) and as a state ceremonial center (center of ceremony); society handler functions (tools of political, social, and economic control); and engineering functions and the renewal of society (a tool of political, social, and economic engineering and reform). Meanwhile, in particular, the constitution is considered as a manifestation of the supreme law that serves to define and set restrictions on the state organs of power and power relations between the state organs, organs of state
4 Brian Thompson, Textbook on Constitutional and Administrative Law, Blackstone Press ltd. London..
power relations between the citizens in securing human rights as well as giving legitimacy to the rule government on the one hand and citizens on the other hand, as well as instruments for the transfer of authority from the ruler origin (the people in a democratic system) to the organs of state power.5
As the highest form of social agreement, the constitution contains the ideals to be achieved with the establishment of the state and the basic principles of achieving those goals. Constitution 1945 as the constitution of Indonesia is a legal document and documents containing political ideals, principles, and the principles of national life. Additional Rules Article II of the Constitution 1945 states that the Constitution of the Republic of Indonesia Constitution 1945 consists of the Preamble and the Articles as a whole constitutional norms are supreme in the national legal order (the national legal order). To achieve the ideals of state formation we are familiar with the term national goals set forth in the Preamble of the Constitution 1945 fourth paragraph and carry out state administration based on Pancasila, the Constitution 1945 has provided a framework of national and state structure. Norms in the Constitution 1945 not only organize the political life but also economic and social life. This is because our founding fathers wanted the people of Indonesia fully sovereign, not just political sovereignty. Thus the Constitution 1945 of political, economic constitution, and the social constitution which should be the reference and grounding in political, economic, and social, both by the state (state organ), society (civil society), or the market (bussines).
The forms of political change and liberalization of the world such as democratization, political freedom and so it can 'alarming' in the sense that; institutionalization as well as some expansion of freedom is for one day will probably nullify a number of important emancipation agenda or to bargain his radical agenda. This is a common symptom “euphoria of freedom”. However if we put a political output drops anything as just part of history and tradition of the political future and a changing world, the establishment of that kind would never have dragged us to the pessimism and skepticism toward emancipation in a political radical. We're actually lucky, because at the same time, the basis of our actions to fight for emancipation is no longer fixated on doctrine or our monolithic view of oppression; we become a more and more reasons and
arguments to explain why it continues to relevant acts of emancipation. One reason is perhaps the most important thing is that today we can affirm together that we are fighting for emancipation, not because we are the savior god to others but because we ourselves are the ones who have been increasingly liberated.
With this kind of standpoint and the emancipation of our beliefs about the good things about the future, hope and change is no longer based on a kind of 'spirit of prophecy' who learned through a revelation from the outside but rather grew out of consciousness and tradition of our own creation. This is where the notion that 'to Make Their own history ... under Certain circumstances' that just found the fullness of subtle and fundamental. At this point our choice to struggle for the emancipation of his own and then freed from the burdens doctrinal.
At this point, we come later to once again affirm our answer to the question whether emancipation is still possible in an era of democracy? So the answer is: "if the meaning of emancipation is more a manifestation of the need to form a continuous and expanding the practice of freedom (practice model/institutions of freedom) through the practice of liberation (practice model of liberation), which continually changes, then obviously the answer is possible and always possible. But if the meaning of emancipation is the effort made under a standard of values and norms are taken from our ideals about the future, then we'll never really dealt with the liberation but rather utopian and wishful thinking. If the meaning of emancipation is finding solidarity in the process of learning and experience through liberation traditions that exist, it is clear emancipation is always possible.
However, once again to be seen, that always depends on who we are what we make in the perspective of “meta-stable”, we, ourselves and the whole vocabulary that we created and we call vocabulary, always under change. At this point we must believe that there was no day off to politics it's never gone to a revolution. Democracy now can lull us within the limitations of fun, but also can bring in sources and springs are endless for emancipation, everything depends on our own creations rather than theory, rather than the doctrines of the eternal.
2. Rechtspositie Constitutional Court (MK) as Center of Collective Legal Awareness
The existence of the institution of the Constitutional Court is generally a new phenomenon in the world of nations. Countries that have institutional MK in general are the countries that experienced a change from authoritarian to democratic state.6
In Indonesia, the Constitutional Court is a product of changes in the Constitution 1945 fourth. Article 24 paragraph (2) of the Constitution 19457
stated: "The judicial power shall be done by a Supreme Court and judicial bodies underneath it in the general courts, religious courts, military courts, state administrative courts, and by a Constitutional Court". This means the judicial branch of power is an integrated system made by the Supreme Court that reflects the peaks and the sovereignty of Indonesia under the Constitution 1945 law in August 2003. Constitutional Court RI (MK) then governed by Act 24 of 2003 regarding the Constitutional Court promulgated on August 13, 2003.8 But the Court itself a new institution is completely formed on
August 17, 2003 after the oath of office nine-judge constitution on August 16, 2003.9
To understand Rechtspositie Court and the Court re-positioning efforts more precisely in our constitution, it is necessary to re-look at the spirit of judicial reform, especially the tempestuous world of the judiciary in 1998. At least there are three things which arise: (i) the rampant judicial corruption involving law enforcement chess dynasty,
6 Jimly Asshiddiqie dan Mustafa Fakhry, Mahkamah Konstitusi: Kompilasi Ketentuan UUD, UU dan
Peraturan di 78 Negara, Pusat Studi Hukum Tata Negara FH UI dan Asosiasi Pengajar HTN dan HAN Indonesia.
Jakarta, 2002. 67-73.
7 The Fourth Amendment of the Constitution 1945.
8 State Gazette of the Republic of Indonesia, 2003 No. 98, Supplementary State Gazette of the Republic of
Indonesia No. 4316.
9 The nine judges of MKRI on the first constitution established pursuant to Presidential Decree No. 147/M,
(ii) the number of product legislation substantively opposed to the Constitution1945, and (iii) the vulnerability of the judges of the authority of government intervention since the laying of the judge under the government (for personnel administration and financial) and is under the Indonesia's Supreme Court or MA (for technical judicial).10
The birth of the Constitutional Court as part of the institution of judicial power in addition to the MA who specializes in administrative or judicial justice of the Constitutional Court of Indonesia to put political authority to hear at the first and last of which the decision shall be final and binding to: (a) test against the Act with Constitution 1945, (b) break authority dispute of state institutions whose authorities are granted by the Constitution 1945, (c) decide upon the dissolution of political parties, and (d) decide upon disputes on general election results (including the General Election since the release of Law no. 12 of 2008; this is a consequence of the juridical authority of the provisions of Law no. 26 of 2006 concerning the placing Election Election Election to the regime). Addition MK (e) shall give a decision on the opinion of the House that the President and/ or Vice President is alleged to have violated the law in an act of treason, corruption, bribery, other felonies, or moral turpitude, and/or no longer qualify as President and/or Vice President as set forth in the Constitution 1945.11
It must be recognized that the productivity of the Constitutional Court as the Guardian of The Constitution and The Final Interpreter of the Constitution has chalked a lot of contribution to the soundness of our legal system and state administration. Associated with the existence of the Constitutional Court, there are several decisions of the Constitutional Court relating to judicial review of (prospective) who is ultra petita are assessed to exceed the limits of authority and into the realm of the legislature (legislative positive) and the decision violates the principle of nemo judex in causa husband (ban cut it that concerns itself) as nihilnya supervision of the Judicial Commission of Constitutional Court judges on the Constitutional Court Decision No. 005/PUU-IV/2006, and that tends to set the verdict or decision which is based on a conflict between one Act
10 Moh. Mahfud MD, “Kekuasaan Kehakiman Pasca Amandemen UUD 1945”, Papers on public discussion
about the Constitutional Amendment discourse organized the National Law Commission (KHN) in Jakarta, dated June 12, 2008
11 Pasal 24C ayat (2) UUD 1945, juncto Pasal 10 ayat (2) dan (3) Undang-Undang Nomor 24 Tahun 2003
to another Act (harmonization and synchronization), whereas judicial review to test material that can be done vertically Court is the constitutionality of the Act is against the Constitution, not problem of collision between one Act with other laws.
Related to the above problems, then he went on to Act No. 8 of 2011 regarding Amendment to Act No. 24 of 2003 on the Constitutional Court. The new law is intended to patch up the old Court Law weakness. Several important changes in the subject Act 24 of 2003 regarding the Constitutional Court, among others, the composition of the Constitutional Court of Honor Council; supervision of constitutional justice; term of office of Chairman and Vice Chairman of the Constitutional Court, provided education to be appointed as a judge constitution, as well as the Code of Ethics and/or Code of Conduct Constitutional Court Judge.
Monitoring of the Constitutional Court judges is done by placing the Court of Honor Council as the device is formed by the Constitutional Court to monitor, review and recommend action to the Constitutional Court, which allegedly violated the Code of Ethics and Code of Conduct Constitutional Court (Article 27A and Article 27B).
Law Article 45A. Act 8 of 2011 confirms ban on ultra petita with the clause "The decision of the Constitutional Court must not contain the ruling is not requested by the applicant or the applicant exceeds the request, except on certain things relating to the subject application". Article 59 paragraph (1): "Decision of the Constitutional Court regarding the testing of the Constitution 1945 Act to be submitted to the House of Representatives, the President, and MA". While Article 59 paragraph (2) states "If the necessary changes to laws that have been tested, the House of Representatives or the President to immediately follow up the decision of the Constitutional Court referred to in paragraph (1) in accordance with laws and regulations".
does not include: (a) injunction than those referred to in paragraph (1) and paragraph (2), (b) orders to the legislator, and (c) formulation of the norm instead of the norm of law declared contrary to the Constitution 1945'.
At Law. 8 of 2011, Article 48a paragraph (1) states that the Court may issue a determination in terms of: (a) the petition does not constitute the authority of the Constitutional Court to adjudicate cases filed, or (b) the applicant withdraw the application referred to in Article 35 paragraph (1a) . Next Article 48a paragraph (2) Injunction referred to in paragraph (1) letter a says, "Declare the Court was not authorized to adjudicate the applicant's request". Whereas Article 48a paragraph (3) Injunction referred to in paragraph (1) letter b reads, "To declare the applicant's application be withdrawn".
With these provisions in the Constitutional Court is expected to run the authority, particularly in testing the Law of the Constitution must match the primary intent or purpose of the real (original intent) and the contents of the Constitution Act that the test basis. It needs to be recalled that the constitution is based on the resultant product of social situations, politics, and economics at the time made.12
As Thomas Paine who said that the birth of the constitution was not an act but an act of government to regulate people's government of his country and the government of the country without a constitution is power without right.13 Can also be referred to the
opinion of Carl J. Friedrich who mentakan that constitution in modern political thought is very distinctive, because it is a process in an efficient control of government activity.14
Thus, on the positions of the Constitutional Court should be affirmed as an eraser or Invalidate norms (legislative negative), while the House of Representatives and the President (the government) is the maker of the norm (positive legislative). Court order not to exceed the limits, or enter another realm and become a political power then according to Moh. Mahfud MD15 there are ten negative formulation (the ban), as
signposts for the Court to exercise its authority, namely:
12 KC. Wheare, Modern Constitution, Oxford University Press. London-New York-Toronto. 1975. 67. 13 Thomas Paine, Rights of Man (1792), Constitution Society http://www.constitution.org/tp/rightsma2.htm,
16/09/2011
14 Carl J. Friedrich, Constitutional Government and Democracy: Theory and Practice in Europe and
America, Blaisdell Publishing Company, Welldam, Mass. 5th edition. 1967. 3.
15 Presented by Moh. Mahfud MD in front of Commission III DPR-RI at the time of the fit and proper test
1. The Court must not make a decision that is set, the cancellation of the Act should not be accompanied by setting norms and only the constitutionality or unconstitutionality of that assertion with a statement has no binding legal force;
2. The Court must not make a decision which is ultra petita, although the contents of the requested judicial review of laws directly related to other articles that can not be separated, because mutatis mutandis the provisions in the Act does not apply because there are other articles which were canceled by the Constitutional Court. In particular, this has given the demands on the legislature to conduct a legislative review. Despite being reasonable if associated with such things there is an opinion which states the need for ultra-petition;
3. The Court must not make the decision should not be made law as a basis for cancellation of any other Act, the Constitutional Court because the task is to test the constitutionality of the Act against the Constitution. Overlap between the various laws into the legislative obligation to resolve through legislative review;
4. The Court must not make the decision to interfere with matters delegated by the Constitution to the legislature to set it up with or in the Act in accordance with its own political choices;
5. The Court must not make decisions by basing on the theory that is not clearly embraced by the constitution. Constitutional Court's decision also should not be based on what is valid in other countries, as advanced as any country, but must be based on the content of its constitution and all its original intent;
6. The Court must not make decisions that violate the principle of nemo judex in causa husband decided that matters relating to self-interest;
7. The Constitutional Court judges may not speak or express opinions to the public on the concrete case under review the Court, including at seminars or in official speeches that are not held hostage by his own statement and masyarakatpun not polarized by the allegations about the decision to be issued by the Court;
9. The judges of the Constitutional Court should not be to proactively offer themselves as mediators (mediator) in the cross of political disputes between state institutions or between political institutions, because it's from an ethical point can be interpreted as political attitudes are political, not legalistic;
10. Court institutionally or individually may not make an opinion on the existence or on the merits of the Constitution, or whether the Constitution in force it needs to be changed or maintained. The Court is only required to carry out or oversee the existence of the Constitution, while the business is the business of maintaining or changing other authorized institutions (It must be excluded if it is for academic purposes, rather than political opinion).
The first authority of the Constitutional Court is often referred to as judicial review. However, this term should be straightened out and replaced with the term constitutional review or testing of the constitutional authority of the Constitutional Court is considering that test against the 1945 Constitution Act. Perdefinisi, the concept of constitutional review is the development of the modern idea of democratic governance system that is based on the idea that the state law (rule of law), the principle of separation of powers (separation of power), and protection of human rights (the protection of fundamental rights). In the system of constitutional review that included two main tasks, namely (a) ensure the functioning of the democratic system in relation to the role or interplay between the branches of executive power, legislative, and judiciary, and (b) protect individual citizens from abuse of power by state institutions of adverse their fundamental rights guaranteed in the constitution.
people/organizations in specific things. Ideally, the Constitutional Court as a constitutional court to handle the conflict between judicial regulations that require testing. That is, testing the Law of the Constitution and testing legislation to the legislation of a higher rank everything into the realm of the Court authority. This meant that there was a concentration and consistency of interpretation of all legislation from the highest (the Constitution) to the lowest (Local Rule or Regulation/Perda). If the authority of the Constitutional Court considered this idea too much, then the bias only other authority who has been the authority can be transferred to the Supreme Court, for example, authority to decide the dissolution of political parties and or the authority to decide the election results.
If it implemented of the amendments of Constitution 1945 to the to-so time, then it is very important to include the constitutional complaint and the constitutional question in the design of the Court authority. Constitutional Complaint is filing the case to the Court for violations of constitutional rights that there is no legal instrument upon which to bring an action against it or is no longer available upon completion of the path of law (justice). Constitutional Complaint can also be done on the laws and regulations under the Act that directly violates the content of the constitution, but does not clearly violate the laws and regulations are higher under the Constitution, and court decisions that violate constitutional rights after they were legally enforceable and can not be countered again by the efforts of law to a higher court, such a decision was or herziening (review) of the Supreme Court which was detrimental to a person's constitutional rights. While the
Constitutional Questions are questions of constitutional judges handling a particular case to the Constitutional Court regarding the constitutionality of the Act relied upon cases handled before deciding the case, when its constitutionality is doubtful and questionable.
individuals and groups that constitutional rights have been violated by a provision of law. On the other hand, is also needed to gain an awareness of the protection of constitutional rights violated by applying the constitutional test of the adverse provisions of the Act. If there is no constitutional conscious culture, society will not know whether their rights violated or not and do not make efforts to obtain constitutional protection. As a result, the Constitution 1945 would be violated by many of the provisions of law so that ultimately the constitution will only be a document on paper without implemented in practice.
In the implementation of the Court authority, a fundamental new problems always arise in the process of structuring the basic state of life associated with the Pancasila state and the development of a world dominated by the ideology of capitalism. Those issues include: (a) the economic relationship with the law and politics, (b) the institutional framework of the state; (c) the purpose and role of government, (d) the effects and limits of state intervention in society, and (e) problems facing the country's sovereignty with the development of international law.16
Decisions about testing the constitutionality of the Act against the Constitution 1945 have been made by the Constitutional Court to petition for a proposed range is also always in full view of the Constitution 1945. In these decisions contain terms and concepts associated with understanding of a provision in the constitution based on the state's objective (staatside) and Indonesian nation philosophical foundation (filosofische grondslag). Until now there have been various decisions of the Constitutional Court in political17, economic18, social and related provisions of the Constitution 194519 which
elaborates the basic values of Pancasila as the touchstone for testing the application against the Constitution Act.
16 Bob Jessop, State Theory, Polity Press. Cambridge. 1990. 48.
17 Example Constitutional Court Case Number 011-017/PUU-I/2003 that restores political rights of passive
and active former PKI members and other banned organizations by stating that Article 60 Sub-Article g of Law Number 12 of 2003 concerning General Elections for the DPR, DPD, and the parliament (State Gazette Year 2003 Number 37, Additional State Gazette No. 4277) against the 1945 Constitution and has no binding legal force.
18 Example Constitutional Court Decision Case No. 002/PUU-I/2003 in case of petition for the
constitutionality of Law No.. 22 of 2001 on Oil and Gas, and Decision No. MK. Case Law stating 001-021-022/PUU-I/2003. 20 of 2002 as a whole has no binding legal force because the Articles were tested and found to conflict with the 1945 Constitution, namely Article 16, Article 17 paragraph (3), and Article 68 is the heart of the Law no. 20 of 2002.
19 Eg Decision No. Case 011/PUU-III/2005 in case the petition for judicial Act. No. 20 of 2003 on National
While the authority of the Constitutional Court, can be viewed as an effort of institutional relations structuring the state and democratic institutions based on the principle of supremacy of law. Prior to the formation of the Constitutional Court with such authority, state and institutional relations more democratic institutions based on relations of a political nature. Consequently, an institution can dominate or co-opt any other institution, or a disagreement between the agency or institution that gave birth to a constitutional crisis. This raises the lack of legal certainty and kotraproduktif towards the development of cultural democracy. Setting the state political life in general has also evolved as a form of "the constitutionalization of democratic politics".20 It is merely to
realize the rule of law, legal certainty, and the development of democracy itself, based on the concept of a democratic constitutional state (democratische reshtsstaat).
Court as the guardian of the constitution is automatically also means that as guardians of Pancasila as the material constitution and defend it as an open ideology. The Court elaborated on the values and basic principles of Pancasila to determine whether something is contrary to the constitutional provisions of the Act or not. In addition, through the exercise of its authority, the Court kept open the Pancasila as an ideology always consider the development of values in society and the international community so it does not become a closed ideology that can be misused as a tool of legitimacy of power alone. It can also be done in the execution of other powers, especially in terms of authority dispute of state institutions, the dissolution of political parties, and decide upon proposed parliament to impeach the President and or Vice President.
It is also very important to note in the context of these changes is that now, officially named the constitution which the Constitution of the Republic of Indonesia of 1945, or abbreviated as the Constitution 1945, providing a mechanism for basic legal norms contained therein can be run supervised its implementation by the agency called judicial Court. People's Consultative Assembly in Indonesia (MPR) is an institution that establishes and/or change the Constitution, but after the Court determined was assigned to escort him. Even if in the formulation of the provisions of the Constitution if there is a deficiency or lack of clarity (obscure), the Constitutional Court was given authority to determine the proper interpretation of it. Therefore, the Court in various countries
20 Richard H. Pildes, “The Constitutionalization of Democratic Politics”, Harvard Law Review, Vol. 118
commonly referred to as the guardian and interpreter of the constitution or "the guardian and the sole and the highest interpreter of the constitution".
Only, it must be understood that the implementation of the escort and interpretation of the Constitution by the Constitutional Court was done not by way of its own, but through the media decisions on matters that diadilinya. These rulings in matters relating to the four types of authority and the obligation of the Court is basically a concrete manifestation of the functions carried out escort and interpretation by the Constitutional Court against the fundamental law of the Constitution of the Republic of Indonesia of 1945.
Therefore an important and strategic position of the Constitutional Court as a new state institution in our constitutional system after the change, it is necessary for the court bersengaja effort to civilize the constitutionality in the midst of society. In the Law no. 24 Year 2003 regarding the Constitutional Court determined that many interested parties of the existence of this institution. The parties are clearly stated in Law no. 24 of 2003, has the right to appeal the case to the Constitutional Court are: (i) Individual citizen of Indonesia, Unity of indigenous people or legal entities of public / private (for testing of the Act), (ii) State (for the testing of laws and constitutional disputes among state institutions), (iii) Government (for the dissolution of political parties), and (iv) The participants in the general election, both members of the House of Representatives elections (DPR), Council Representative to the Regional (DPD), and Regional Representatives Council (DPRD), and the election of President and Vice President (for the dispute the election results).
realize and understand well the importance of the Constitutional Court within the framework of the guarantees of the rights and obligations in the life of their own constitutional state based on the Constitution 1945 .
Introducing and awaken the people's rights and constitutional obligations as citizens, certainly not easy. Resuscitation efforts or 'conscientisation' takes a long time and require extensive involvement of actors and many others. Therefore, each agency official and unofficial institutions, political figures and community leaders are expected to be worked together to jointly and individually take on the role and responsibilities of nationhood in order to build and enhance awareness of the Constitution 1945 as a state based on widely. This is what we call as civic education based on the Constitution or the constitution, commonly known as 'civic education' or citizenship education.
Certainly among the state institutions that exist, the most decisive role in this regard is the Government. The government was the one who has everything all the resources, whether in the form of information, funding and facilities, and personnel necessary to ensure the success of civic education efforts based on the constitution and civic education in the broadest sense. Besides the executive's duties within the responsibility of the government. However, institutions such as the MPR, DPR, DPD, MK, and others are also responsible to promote awareness of the constitutional either directly or indirectly. Moreover the Assembly is an institution to change and set the entry into force of the Constitution, as well as oversee the implementation of the Constitutional Court interprets the Constitution and the constitution through judicial decision, is concerned with the successful constitutional awareness education efforts in the fairy life of the state.
But because it is the task of constitution correctional noble task which is very large, it is appropriate and other institutions should also ease the burden of leadership of the Assembly, especially for the popularization of the constitution for the wider community. The Court is also very necessary to take the responsibility to develop education and correctional efforts constitution, not only with respect to matters relating to the Constitutional Court, constitutional rights and obligations of citizens, and others relating to the escort and interpretation of the Constitution 1945, but also about the need for correctional Constitution 1945 in a broader sense.
Education and popularization activities constitution, in essence, including the work of the executive or government. Therefore, the main responsibility lies with the government either through educational institutions, as well as broadcasting institutions, because the government was the one who mastered more information, financial resources, facilities and infrastructure, manpower, expertise, and networks that can be expected support the efforts of correctional and educational constitution. The role of correctional constitution is intended to establish the constitutionality of the integral in the perceptions, views, attitudes follow, as well as a growing public opinion in community life and nation.
Similarly own society, political figures, religious leaders, non-governmental organizations, community organizations, and all institutions that play a role in civil society (civil society), in business or business environment (market), and within the state organs, organs of the area independently or together in synergy was supposed to be supportive, helpful, and initiated various efforts for the success of correctional and educational awareness activities is constitutional. That way, we can expect that Constitution 1945 will truly be a "living constution", so that the constitutional duty of the Constitutional Court itself as "the guardian and the final sole interpreter of the constitution" to be more easily realized.
C. CLOSING 1. Conclusion
practice of liberation (practice model of liberation) are constantly changing. While the contingency that could literally be interpreted as events, expectations must be achieved in the future but probably not predicted in the present moment is a way to imply a kind of relativism against any standard forms of existence in a world at once present a certain pragmatism teruatama facing the flow of changes in attitude continuous and unpredictable. To understand this situation, the conscious attitude of 'meta-stable' is one way to understand Rechtspositie Court and the Court re-positioning efforts are more appropriate in our constitutional post-birth of the Act 8 of 2011. Finally, advantages and disadvantages of the Act would stumble stones named test hospitalization moment, so the contingency is the attitude of emancipation and follow the most "brilliant".
2. Recommendation
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