Constitutional Justice Anwar Usman representing the Constitutional Court of the Republic of Indonesia at the invitation of the Mexican Supreme Court delivered in the context of the First Summit of Presidents of Regional and International High Courts. On this occasion, Anwar Usman, deliver the paper entitled "Improving the enforcement of the Constitution and the Legal System to Achieve Development of Indonesia’s Dignity".
The event was attended by 24 countries from four continents (Asia, Africa, Europe, America), the Human Rights Commission, International Court of Justice, the Court of Regional African American Regional Court, the European Regional Court, discusses five major topics for two days in a row since 8 -9 November 2012. The five main topics at the event are: Interpretation of the Constitution of the State power Branches addition Judiciary, Judge Position at National Central Protection Measures in International Human Rights, Intercultural Dialogue International Courts and National Courts; Access to Courts and Judicial Transparency World Factors For National Legitimacy and International, and the Protection of Economic, Social and Cultural Rights for Vulnerable Groups.
In discussions during the two-day event, a discourse that is often raised about the disparity between the law enforcement of international, regional, and national levels. Representative to the United Nations Human Rights Commission of Mexico, Javier Hernandez Esteban Valencia, said that the court should have regional law enforcement can be a bridge between international law and national law. Disharmony between international and national law would adversely affect relations between states, not even a possibility it could lead to conflict between states. According to Javier Esteban, national courts often do block the enforcement of constitutional law at the regional and international levels. By taking refuge behind the argument that each state has the constitutional jurisdiction and the country’s highest agreement, the law in the wider international context is often neglected.
On the contrary, some delegates questioned the judgment even at the regional level are often contrary to the country’s constitutional norms. Zuhtu Arslan, the Turkish Constitutional Court, questioning the decision of the European Court of Human Rights ordered the removal of the death penalty. According to him, is the right of a sovereign state to determine what kind of penalties that can be applied to the country? Similarly is the European Court decision on banning the use of religious symbols in public places (including the veil). He added that the decision it has violated human rights in particular in implementing the confidence and trust of the basic human rights as guaranteed in the Universal Declaration of Human Rights.
The event was concluded with the reading of the declaration that includes an appeal that the court in each country should develop jurisprudence for increased efforts to uphold human rights. It is also developing mechanisms for the protection of vulnerable groups are often neglected human rights and seeks to harmonize the law of international, regional, and national level, so as to create a common understanding of human rights criteria will among nations. (Nallom Kurniawan / mh/Yazid.tr)
Wednesday, November 21, 2012 | 06:58 WIB 135