by hilman idham,
hilmanidham.blogspot.com
Nowadays, there are many controversial issues about the judicial system. Indirectly, the judicial system becomes the main topic that always interrupts in conversation. One of the issues is about the decision of the court. Sometimes, the decision of the Judiciary system was against the constitution which is the supreme law of the land but the problem can be solved by the establishment of the constitution court because the constitution court as a guardian of the constitution, conduct a judicial review and protect human right.
Firstly, the constitution court will act as a guardian of the constitution. According to Mr Jimly Asshiddiqie, the head of Indonesia’s Constitutional Court, every constitution must be treated as a living document. It is because, every provision that were provided in the constitution must be suitable with the time and modern era. For example, there is certain law that enacted before the independent day and the provision were not suitable enough to be apply during this new era. So, to make sure this matter settle, the constitution court will play their role to review it from time to time. Besides that, the constitution court will play their role to protect the provision in the constitution. It is to make sure that there are no any law that against the constitution as the supreme law of the land. So, any laws that against the constitution must be terminate by the constitution court. Basically, constitution court is the only court that has the ability to drop any legislation or statute that against the constitution. However, the court cannot change the decision made by the lower court because it is under the power of Supreme Court which can hear the appeal cases but the important thing is the court will protect the constitution as the supreme law of the land.
Secondly, the constitution court will act to conduct judicial review. As an organization that give a protection to the constitution, the constitution court will review the cases that against the constitution provision. This is one of the establishment objectives. The court must make sure that all decision makes by lower court hold the right of every individual in order to achieve justice because there are certain law that was not suitable to be implemented today. So, every individual that though their rights have been violated by the court judgment or any other body can complaint the issue at the court. However, the court can only consider the other court judgment if the decision of the court violates the provision in the constitution and the court only can decide regarding the expired of the law. Besides that, the court must also act as an independent body to review all the cases. So, the constitution court should be separated from any influence and the appointment of judges also should be free. This matter only relate to the decision of the court to avoid bias. Constitution court should act as an organization that allocates integrity at the first place. It is the only way to uphold justice and avoid bias in every court decision.
Lastly, constitution court also will protect the human right. In order to protect this matter, the court should uphold all the provision that protect human right in the constitution. In our country, Malaysia, the provision about human right was stated at the article 5 to 13 which mention about the fundamental liberties of every citizen. It is because, there too many complaining from citizen and society about their right. So, constitution court will be a very significant organization to not only to uphold justice but also human right of every single citizen. The court will have to review the cases on human right. It is to make sure that the decision made by the lower court was do not against the constitution provision and against the human right. However, every judgment will only affect the practice of the law in the future and it cannot change the decision that has been made. Besides that, the court should be a place where peoples and citizen come to complaints and seek about their right. It is because, as the court that protects the supreme law in the country, only the constitutional court has a power to protect the human right as the last resolution. All of the action made by the constitution court was basically same which is only to uphold the constitution as the highest law.
As a conclusion, the establishment of the constitution court is very important to create peace and harmonies. It is because, the constitution court will protect all the provision in the constitution to make sure every law is suitable to conduct people before against the law. Every law that enacted by the House and will representing the people vote because they received mandate from the people. The constitution court will act to check and balance if there is a law which against the constitution. Therefore, the court is very important to protect our constitution as the supreme law of the land.
Firstly, the constitution court will act as a guardian of the constitution. According to Mr Jimly Asshiddiqie, the head of Indonesia’s Constitutional Court, every constitution must be treated as a living document. It is because, every provision that were provided in the constitution must be suitable with the time and modern era. For example, there is certain law that enacted before the independent day and the provision were not suitable enough to be apply during this new era. So, to make sure this matter settle, the constitution court will play their role to review it from time to time. Besides that, the constitution court will play their role to protect the provision in the constitution. It is to make sure that there are no any law that against the constitution as the supreme law of the land. So, any laws that against the constitution must be terminate by the constitution court. Basically, constitution court is the only court that has the ability to drop any legislation or statute that against the constitution. However, the court cannot change the decision made by the lower court because it is under the power of Supreme Court which can hear the appeal cases but the important thing is the court will protect the constitution as the supreme law of the land.
Secondly, the constitution court will act to conduct judicial review. As an organization that give a protection to the constitution, the constitution court will review the cases that against the constitution provision. This is one of the establishment objectives. The court must make sure that all decision makes by lower court hold the right of every individual in order to achieve justice because there are certain law that was not suitable to be implemented today. So, every individual that though their rights have been violated by the court judgment or any other body can complaint the issue at the court. However, the court can only consider the other court judgment if the decision of the court violates the provision in the constitution and the court only can decide regarding the expired of the law. Besides that, the court must also act as an independent body to review all the cases. So, the constitution court should be separated from any influence and the appointment of judges also should be free. This matter only relate to the decision of the court to avoid bias. Constitution court should act as an organization that allocates integrity at the first place. It is the only way to uphold justice and avoid bias in every court decision.
Lastly, constitution court also will protect the human right. In order to protect this matter, the court should uphold all the provision that protect human right in the constitution. In our country, Malaysia, the provision about human right was stated at the article 5 to 13 which mention about the fundamental liberties of every citizen. It is because, there too many complaining from citizen and society about their right. So, constitution court will be a very significant organization to not only to uphold justice but also human right of every single citizen. The court will have to review the cases on human right. It is to make sure that the decision made by the lower court was do not against the constitution provision and against the human right. However, every judgment will only affect the practice of the law in the future and it cannot change the decision that has been made. Besides that, the court should be a place where peoples and citizen come to complaints and seek about their right. It is because, as the court that protects the supreme law in the country, only the constitutional court has a power to protect the human right as the last resolution. All of the action made by the constitution court was basically same which is only to uphold the constitution as the highest law.
As a conclusion, the establishment of the constitution court is very important to create peace and harmonies. It is because, the constitution court will protect all the provision in the constitution to make sure every law is suitable to conduct people before against the law. Every law that enacted by the House and will representing the people vote because they received mandate from the people. The constitution court will act to check and balance if there is a law which against the constitution. Therefore, the court is very important to protect our constitution as the supreme law of the land.
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