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The Chief Justice of the Constitutional Court Prof. Dr. Jimly Asshiddiqie, S.H. and Constitutional Justice Prof. H.A.S. Natabaya, S.H., LLM. received a visit by a Special Representative of the UN Secretary General on the Situation of Human Rights Defender, Ms. Hina Jilani, on Wednesday (6/6). Jilani was accompanied by several staff of the Directorate of Human Rights and Humanity of the Ministry of Foreign Affairs of the Republic of Indonesia. 

For Jilani, visiting the Constitutional Court was one of her objectives during her 12-day visit to Indonesia in order to implement the activities of special representative of UN Secretary General namely, conveying report on the situation of Human Rights defenders in various countries as well as efforts to improve protection for Human Rights defenders in accordance with the Declaration on the Right and Responsibility of Individuals, Groups, and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedom.

Jilani explained, that based on the mandate, she will seek, receive, examine, and provide information on the situation of Human Rights to anyone whosoever who acts as an individual or group trying to promote and protect the fundamental freedom. “Therefore, during may stay in Indonesia, I will hold meetings with various parties, both from the government and community elements,” Jilani explained before the Chief Justice of the Constitutional Court.

With respect to the situation of Human Rights defenders in Indonesia, Jilani also would like to obtain explanations directly from the Chief Justice of the Constitutional Court concerning the authorities of the Constitutional Court in relation to the mechanism of the Human Rights protection in Indonesia.

In responding to such request, Jimly started his remarks on the development of constitutional courts in the world which has been established by more than 80 countries up to now. “Although not all countries have a judicial institution named as Constitutional Court, but their judicial institutions also play the functions similar to those of the Constitutional Court, such as the Supreme Courts of the USA, India, and Pakistan,” explain Jimly.

In relation to the Human Rights defense, Jimly explained that the Constitutional Court has five functions. The first is as the Guardian of the Constitution in order to guarantee the implementation of the highest law. The second is controlling the democracy, particularly the majority democracy so as not to ignore the minority groups. The third is protecting the citizens’ constitutional rights. The fourth is protecting human rights, not only the citizens’ rights. The fifth is as the interpreter of the constitution.

Jimly continued that those five functions, when related to the Constitutional Court of the Republic of Indonesia, will relate to five jurisdictions of the Constitutional Court, among other things to hear cases at the first and final level the decision of which is final in nature to hold a judicial review of Laws against the Constitution, to decide upon disputes on the authorities of state institutions whose authorities are granted by the Constitution, to decide upon the dissolution of political parties, to decide upon disputes on general election results and it is required to make a decision regarding the People’s Legislative Assembly’s opinion on alleged violation committed by the President and/or the Vice President according to the Constitution.

Jimly further explained, that in general, the interests of the citizen’s constitutional rights including human rights, are submitted to the Constitutional Court through the judicial review of laws. Individuals having Indonesian nationality can file a petition for judicial review of the substance of law which is formulated and legalized by 550 members of the People’s Legislative Assembly, if it is deemed contradictory to the citizen’s constitutional rights. “After its four years of its establishment, the Constitutional Court has examined almost 100 cases of judicial review of laws. About 15 percents of them were granted by the Constitutional Court,” explained Jimly.

In relation to the Jilani’s question regarding the position of the Constitutional Court in case there is a conflict between the state and the community, Jimly explained that a judicial institution, such as the Constitutional Court, should take neutral stance. “It relates to the judicial authorities which are independent and impartial,” he added.

Jimly continued that there is always a conflict of interest between the state and the people in any country in the world. “Therefore, in the democratic system of any country, judicial institution should adopt a neutral position, in order to settle the conflict,” said Jimly.

As a conclusion of the meeting, Jilani explained that as from 4 up to 15 of June, 2007, she will also visit other high-ranking government officials such as the Vice President of the Republic of Indonesia, the Coordinating Minister for Political, Law and Security Affairs, the Minister of Foreign Affairs, the Minister of Law and Security Affairs, the Minister of Finance, the Head of the National Land Agency, the Head of the Supreme Court, the Attorney General, the Chief of the National Police, and the Chief of the Indonesian National Military. “I will also visit Aceh and Papua, and hold meetings with the regional officials,” said Jilani concluding her speech. (Wiwik Budi Wasito) 

 

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