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Deputy Chief Anwar Usman and Constitutional Justice I Dewa Gede Palguna received a visit from Timor Leste human rights ombudsman Provedoria dos Direitos Humanos e Justica on Wednesday (28/9) in 15^th floor Delegation Room, the Constitutional Court Building. Photo PR/Ifa

 

 

 

Deputy Chief Anwar Usman and Constitutional Justice I Dewa Gede Palguna received a visit from Timor Leste human rights ombudsman Provedoria dos Direitos Humanos e Justica (PDHJ) on Wednesday (28/9). The visit was a follow up of memorandum of understanding signed by Indonesian National Human Rights Commission (Komnas HAM) and the PDHJ.

Accompanying representatives of the PDHJ, Indonesian National Human Rights Commission’s senior researcher Sasanti Amisani delivered that the visit aimed to learn about the Court’s functions, including the way the Court analyzes laws and regulations in conformity with higher laws and the significance of human rights values in the Court’s constitutional review process.

Moreover, PDHJ deputy Horacio de Almeida explained that the visit aimed to learn about legal drafting and legal analysis conducted by the Court. As known, the PDHJ have similar jurisdiction with the Court, which is jurisdiction on constitutional complaint.

“Our aim is to follow up implementation of memorandum of understanding signed with Indonesian National Human Rights Commission regarding legal drafting and legal analysis. As a follow up, after explanation of discussion materials, we conduct field visit, one of the visits are the visit to the Constitutional Court. As mandated by Article 150 and 151 of our Constitution, the PDHJ has jurisdiction on constitutional complaint, which quite similar to the Constitutional Court,” said Horacio.

Jurisdiction

Giving understanding, Palguna delivered explanation about historical background of the Constitutional Court and the Court’s jurisdiction. Palguna explained that the establishment of the Court was a result of Constitutional Amendment, which Palguna took part on its drafting. Palguna explained that the Amendment prioritized human rights support. Therefore, when human rights have included in the Constitution, the rights became constitutional rights which binding to entire state branches, Palguna added.

“Constitutional rights need to be fought. That is why jurisdiction on constitutional review is given to the Constitutional Court. A citizen who considered his constitutional rights harmed, may directly deal with the State in the Constitutional Court,” said Palguna.

Giving ease access to justice seeker, Palguna explained that litigating in the Constitutional Court is free. Moreover, Applicant may file petition and undergo session process without attorney, he added.

The Constitutional Court is supported by transparent case examination mechanism and regulation. Justice Panel is obliged to deliver input regarding petition in preliminary session. The input may vary from writing systematic input to petition substance, and it may be used by Applicant to revise petition.

Palguna explained that Applicant is allowed to not use Justice Panel input; Applicant’s petition will not automatically annulled if Applicant doesn’t use Justice Panel input. If the Court via Justice’s Consultative Meeting determines to continue petition examination and Applicant’s petition is not revised, the Court will examine the initial unrevised petition.

Moreover, the Court also has supporting facilities to open wider access for justice seekers, such as video conference which installed in law faculties across Indonesia.

“By video conference, the Applicant doesn’t need to go to Jakarta for attending court session. It can make court session feasible and efficient. However, we also do not forbid Applicant if Applicant wants to come to Jakarta; some parties are not satisfied if they don’t come to Jakarta,” said him

Challenges in Constitutional Review

Palguna explained that the Court dealt with challenges in exercising jurisdiction. One of them is time-consuming constitutional review proceeding which occurred due to the Court must provide opportunity for each related party to strengthen arguments.

“We cannot measure consumed time of case proceeding because it depends on Applicant and entire parties, such as about how many expert they want to be summoned. If they want to summon expert for delivering the same matter (which has been delivered before, ed.), we deliver input that it isn’t necessary to summon expert. However, we cannot forbid them when they insist to summon expert,” said Palguna. He then gave example of case proceeding of Electricity Act which takes three months.

Other challenge faced by the Court is the lack of constitutional complaint jurisdiction, while the substance of petitions filed to the Court is mostly about constitutional complaint. However, such problem can be handled by the Court because the Court opens wider opportunity in constitutional review,” said Palguna.

Nostalgia on Atambua memories

In a casual discussion, Deputy Chief Anwar Usman delivered that he has nostalgic memories on Timor Leste. As known, he once lived in Atambua –second largest city in Timor Island— more than 10 years. Atambua is directly bordered with Timor Leste. Although Anwar wasn’t born there, but he regarded Atambua as his hometown

“When I see that kind of pattern (audience shirt pattern, ed.), I remember my hometown in Atambua, the city I once lived for more than 10 years,” Anwar smiled.

Palguna also delivered that many of his students in Universitas Udayana are from Timor Leste. “We won’t get hungry when we visit Timor Leste, because we have many acquaintances there,” joked Palguna. (Yusti Nurul Agustin/lul/Prasetyo Adi N)

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