Chief Constitutional Justice Anwar Usman with Secretary General M. Guntur Hamzah presenting a gift to European Court of Human Rights (ECtHR) President Ganna Yudkivskadan after the opening of recharging program for the staff in the Registrar’s Office and Secretariat General of the Constitutional Court, Monday (25/6) in the Hall of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court held a recharging program for the staff in the Registrar’s Office and Secretariat General of the Constitutional Court as part of collaboration with The Hague University, on Monday (25/6/2018) in the Hall of the Constitutional Court. The program was aimed at improving the insight, knowledge, and experience of law for the participating staff members.

At the event that is officially opened by Chief Constitutional Justice Anwar Usman, Constitutional Justices Aswanto, Arief Hidayat, Wahiduddin Adams, Maria Farida Indrati, Secretary General M. Guntur Hamzah, Registrar Kasianur Sidauruk, European Court of Human Rights (ECtHR) President Ganna Yudkivskadan, and Michail Vagias of The Hague University were in attendance.

In his address, Chief Justice Anwar Usman said that today, transfer of knowledge and information among institutions and countries are commonplace. “The advancement of knowledge no longer recognizes state borders, so a system in one country may be fully adopted or adapted in another to improve that country’s system,” he said. The Constitutional Court of Indonesia, established in 2003, he added, is a result of that transfer of knowledge from other countries that had established such an institution.

European Court of Human Rights (ECtHR)

European Court of Human Rights (ECtHR) President Ganna Yudkivska shared about Article 3 paragraph (1) of the European Convention on Human Rights. She said that the article only regulates disputes of legislative election, but not of regional or presidential election. However, the 47 EU member states may pass a decision not completely in line with the article on the condition that three criteria are followed: there is a legitimate purpose, it is in line with existing laws, and it is important for the people of democracy and has a legitimate objective.

After the presentations on electoral dispute in Europe, participants ask questions and share knowledge about the issue in Indonesia. One participant asked about the electoral system in Europe that is similar to noken  in Papua. Ganna said that a special electoral system may be implemented as long as it does not violate any law and regulation. “It is a form of freedom of expression,” she said.

Digital Rights

Utrecht University lecturer Hayyan Ul Haq talked about private and digital rights, which had not been discussed much in the Indonesian legal landscape. He said that in Indonesia, private and digital rights were still much focused on libel in social media, while it had been globally discussed since 1890 and is now a profitable business.

The program titled “General Course in Counstitutional Law: Comparative Perspective” will be held on 25 Juni–4 juli 2018 in Jakarta. It will present experts from the European Court of Human Rights, the Supreme Court of the Netherlands, The Hague University, and Indonesia. (Sri Pujianti/LA/Yuniar Widiastuti)