Law and Judiciary development here in Indonesia are glued to the history that stacking the body. The Dutch (European Continental) whose law being adopted by the Indonesia to date, can always be related to development of legal matters in Indonesia. Indonesia’s legal codes, namely Civil Code (KUH Perdata) and Criminal Code (KUHP), are still referring each of its content to the Dutch legacy. Trade law (UU Perdagangan) just came into effect to replace 80-year strong Bedrijfsreglementerings Ordonnantie.    

Nonetheless, RI as relatively new country compared to the Netherland., has experienced many social and politic developments. People’s progressivity are channeling through straits which developed by democracy. Adopted European Continental law is now being elaborated with the law of Sharia and custom, resulting in the unique law Indonesia is now possessing. Changes in governmental system also becomes consequence of reform demand. In the name of perpetual reform, MKRI stands to reclaim people’s sovereignty and guarding the democracy this country is fostering. This accelerating democracy has attracted other countries’ attention, and the Dutch is not exceptional.        

Courtesy call visit from the Kingdom of Netherland’s Minister of State on Tuesday (10/21) flares a clear message about of international acknowledgement for the archipelago’s development in democracy. The Dutch Minister of State, Herman Tjeenk Willink, appreciated MKRI’s existence and indicated common needs for every nation to adopt Constitutional review mechanism, to which hasn’t been adopted by any institution in the Kingdom of Netherland.    

Accompanied by the H.E Ambassador Tjeerd Feico de Zwaan, Herman, former Vice President of State of Council, questioned elaboration and relation between institutions in complying MK’s verdict. “In Netherland, those authorities (Belonged to MK and MA) are conjoined in the Hoge Raad. How come the coordination between institutions be maintained in complying MKRI’s authorities? I see a little paradox when DPR must agree over something that actually challenged their own products,” Herman curious.

In response to the question, Chief Justice Hamdan Zoelva, accompanied by Deputy Arief Hidayat and Secretary-general Janedjri M Gaffar, said that MKRI has several authorities to which must be implemented on different basis and requirements. “Judicial review may be pleaded by all citizens, state institutions, and private firms. Election disputes may be registered by elections candidates. Political party dissolution may be petitioned by the Government and Impeachment rights is owned by the DPR,” Hamdan explained   

He also said that inter-institution cooperation has always been run well due to the common understanding the institutions shared.  “MK’s position is legitimated, that’s why our verdicts are always executed well. All of the related parties are aware of their position and stance toward MK’s verdict,” Hamdan added

In the courtesy call, Herman shared appreciation toward MK’s transparency in trials process given its openness and accessible information. “The Facilities (Video Conference and publishing) are learn worthy, we may adopt the system as well (in Netherland),” said the former Labour Party politician.(Winandriyo Kun/mh/kun)