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Court’s Researcher Fajar Laksono Soeroso welcomed the students of Asian Law Student Association from Law Faculty Universitas Diponegoro Semarang on Tuesday (23/6) at Hall, the Constitutional Court Building. Photo PR/Ganie

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) received a visit from Asian Law Student Association of Law Faculty Universitas Diponegoro Semarang on Tuesday (23/6) afternoon. Court’s Researcher Fajar Laksono Soeroso welcomed the students and gave material on constitutional complaint. It was related International Symposium which will be held by the Constitutional Court of Republic of Indonesia on August 2015 under theme of constitutional complaint.

“Although the 1945 Constitution had been amended for more than a decade, the topic of constitutional complaint is still interesting to be discussed. Many articles and dissertations discuss about constitutional complaint. One of them was Constitutional Justice I Dewa Gede Palguna dissertation which compare Germany Constitutional Court, Republic of Korea Constitutional Court, and Austria Constitutional Court,” Fajar explained.

Fajar explained the substance of constitutional complaint was human rights protection. Constitution considered democratic due to two things; restricting power and protecting human rights. The 1945 Constitution was basically protected human rights which stipulated in several articles particularly on Article 28.

Fajar said the Constitutional Court ideally could carry out its authority as guardian of the Constitution and human rights. “Thus, I say there is something missing. However, it should be understood first that constitutional complaint is an extraordinary legal remedy. It means not every constitutional complaint cases could be filed to the Constitutional Court,” said Fajar.  

“If legal remedies had run out, for example if litigants felt violated in general courts from first level until reconsideration, it could be filed as constitutional complaint to the Constitutional Court. It is an extraordinary legal remedy,” added Fajar.  

Fajar further said, handling constitutional complaint cases was not easy. In several countries which had implemented constitutional cases, hundreds of cases filed to the court every day.

“Is the Constitutional Court of Republic of Indonesia ready with existing resources? In Korea, 5000 constitutional complaint filed per year. In Spain, 11000 cases per year while in Germany 14000 cases per year,” Fajar added.

According to Fajar, Constitutional Court as guardian of human rights cannot be optimally functioned if constitutional complaint handling cannot be implemented. “Therefore, many people thought further amendment towards the 1945 Constitution is needed. Because if seen from current trend, there are many judicial review petition which the substance are constitutional complaint cases,” Fajar said. (Nano Tresna Arfana/Prasetyo Adi N)

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