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Chief Justice Arief Hidayat is officially close the International Symposium on Constitutional Complaint, on Sunday (16/8) at Ballroom Hall, Fairmont Hotel Jakarta. Photo PR/Ganie

 

 

 

Chief Justice of the Constitutional Court of Republic of Indonesia Arief Hidayat is officially close the International Symposium on Constitutional Complaint, on Sunday (16/8) at Ballroom Hall, Fairmont Hotel Jakarta. The symposium is taken place on August 14-16, 2015 and attended by seventeen countries’ constitutional court and equivalent institution leaders throughout Asia, Europe, and Africa.

As known, the symposium is held for commemorating twelve years anniversary of the Constitutional Court of Republic of Indonesia (Mahkamah Konstitusi Republik Indonesia –MKRI). The main topic of the symposium is constitutional complaint. The symposium is consist of three sessions; first session is on constitutional complaint as an instrument of citizen’s constitutional rights protection, second session is on constitutional complaint comparative perspective, third session is on problems and challenges in dealing with constitutional complaint cases.

In his speech, MKRI’s Secretary General Janedjri M. Gaffar says participating delegations have delivered various aspects regarding constitutional complaint, such as from theoretical philosophical aspect, normative aspect, and practical empirical aspect in their respective countries.

Janedjri says, entire countries place human rights protection as their main priority, by using various legal instruments. One of the instruments used is constitutional complaint mechanism.

However, the mechanism is not implemented in entire countries. “The option on mechanism implemented in each respective country is a form of solution in dealing with problems and challenges occurred,” Janedjri explained.

The 1945 Constitution is not explicitly providing judicial authority on constitutional complaint to the MKRI. However, the MKRI is often dealing with judicial review petitions which contain constitutional complaint material. “The MKRI is often dealing with several cases which actually contain constitutional complaint material,” said Janedjri.

Janedjri expects the symposium could provide comprehensive understanding on the importance of constitutional complaint, in order to overcome problems and challenges regarding constitutional complaint cases. “Through this symposium, we hope we could anticipate arising challenges in constitutional complaint cases which faced by several countries,” Janedjri added.

AACC’s Permanent Secretariat

On the occasion, Janedjri also delivers the result of AACC’s (Association of Asian Constitutional Courts and Equivalent Institutions) Board of Members Meeting which held on August 13-14, 2015 at Ballroom Hall, Fairmont Hotel Jakarta. It is the second Board of Members Meeting and attended by seven countries; Azerbaijan, Malaysia, Mongolia, Republic of Korea, Philippines, and Thailand.

One of the important decisions in the meeting is regarding the establishment of AACC’s Permanent Secretariat. According to Janedjri, AACC’s Board of Members Meeting provides mandate to the MKRI for prepare working papers containing comprehensive study on the planning of AACC’s Permanent Secretariat. “Thus on behalf of the MKRI, I declare our readiness to conduct mandate given by AACC’s Board of Members Meeting in the best possible way,” Janedjri asserted.

Compilation result on input and response from each country will be discussed on secretary generals meeting which held on February 2016. The result of 2016 secretary generals meeting will be reported on AACC’s Board of Members Meeting on April 2016.

Janedjri in his speech also mentions an event entitled Short Course on Constitutional Law which held by the MKRI on November 2015. “We invite AACC members and ISCC participating countries to participate in the next event,” said him.

Initial Step

President of Venice Commission Gianni Buquicchio representing participating delegations expresses gratitude to the MKRI on the implementation of the symposium. “I am very grateful to Chief Justice of the MKRI Arief Hidayat for organizing this excellent symposium and for generous hospitality during the symposium,” said Buquicchio.

According to Buquicchio, the symposium is a forum to make new friends, particularly with colleagues in the same field. Buquicchio tells his early career as Constitutional Justice in the early 90’s. He had a dream; establishing a common room to discuss issues and problems on constitutional court for Constitutional Justices from throughout the world. He is grateful to able to attend the forum he dreamt. He hopes the symposium could bring significant benefit and the benefit would be widespread all over the world.

The Constitutional Court is the only guardian of the Constitution and guardian of citizen’s human rights. Constitutional complaint will be more beneficial if implemented through human rights court. Further, Buquicchio agrees with President of Constitutional Council of Algeria Mourad Medelci that the symposium is an initial step to understand constitutional complaint comprehensively.

Moreover, Chief Justice Arief Hidayat says his gratefulness to entire delegation and symposium participants which have participated actively in conveying valuable ideas, perspectives, and contributions during the symposium.

According to Arief, the symposium is a forum which brings huge benefit in order to realize future mission in advancing human rights recognition and constitutional rights protection. “The benefit could be implemented both in domestic and in regional and global cooperation,” said Arief.

Arief says the end of the symposium means the starting point of bigger agenda. “The end of this symposium is a starting point for us to begin bigger agenda,” said Arief.

Arief says, there are a lot of significant lessons from the symposium for his institution. Among others is the authority limitation on constitutional complaint is actually a fundamental challenge for constitutional rights protection provided by the MKRI for Indonesian citizens. “Thus, it is important to dealing with constitutional complaint appropriately and wisely,” explained him.

Each country has various practices and experiences on constitutional complaint. However, the experiences and practices aforementioned is generally rest on the same point, which is the spirit and earnest of law enforcement.

Several countries have implemented constitutional complaint mechanism so they consider eligible to provide constitutional rights protection. Some of them are still relatively new in implementing constitutional complaint, so they still looking for referral to improve their implementation. “And even, some countries yet implement constitutional complaint, likewise the MKRI,” explained Arief.

Arief hopes the symposium could trigger the establishment of broader cooperation network among constitutional courts and equivalent institutions, under the same fundamental vision; respect for human rights and constitutional rights of citizens. “I hope we could improve our sustaining cooperation, both bilateral cooperation and regional cooperation,” said him. (Nur Rosihin Ana/Prasetyo Adi N)

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