Constitutional Justice Manahan Sitompul as guest lecturer in the Pro Curia Judicial Training Program at The Hague University, The Hague on Tuesday (4/12). Photo by Humas MK.

Constitutional Justice Manahan Sitompul delivered a guest lecture to the participants of the Pro Curia Judicial Training Program at The Hague University, Den Haag on Tuesday (4/12). The event was attended by Dean and Director of the Pro Curia Judicial Training Program Michael Vagias and Joost de Langen as well as 50 participants from the Constitutional Court and graduate students at The Hague University.

Justice Manahan explained that the background of the 1945 Constitution post-amendment was to fully introduce the provisions on the protection and enforcement of human rights. "In general, incorporating human rights into constitutional articles is a feature of the modern constitution as well as a prerequisite for building the foundation of constitutionalism. The constitution as an instrument toward constitutionalism must include provisions on control of political power and protection of human rights," said the justice, who is an alumnus of the University of North Sumatra.

Manahan further explained the role of the Constitutional Court to strengthen Pancasila as a staatsfundamentalnorm, at the same time becoming the spirit of the 1945 Constitution. "It needs to be understood that one of the objectives of the Constitutional Court is enforcing the Constitution in realizing the ideals of a democratic rule of law and building Indonesia\'s constitutionality," he said. 

In the Q&A session, many questions were raised about the position of Pancasila as the nation\'s ideology and the Constitutional Court decision that allows women to become king in Yogyakarta, as well as the dissolution of political parties that is the authority of the Constitutional Court. Justice Manahan explained that Pancasila is the basis of the state, which must normatively become the foundation of the implementation of the Indonesian State Government, which functions to provide protection, welfare, and education, as well as to participate in the world order as decided in Decision Number 100/PUU-XI/2013. As for the opportunity for women to become king in Yogyakarta, it has been decided in the decision No. 88/PUU-XIV/2016, because the word "wife" in Article 18 paragraph (1) letter m of the DIY Privilege Law potentially causes legal uncertainty and discriminatory actions. In addition, it is not contrary to Article 18B paragraph (1) of the 1945 Constitution that affirms that the state respects special or privileged regions as stipulated in the laws. Regarding the dissolution of political parties, Article 68 of the Constitutional Court Law states that political parties can be dissolved if their ideologies, principles, objectives, programs and activities conflict with the 1945 Constitution.

The lecture was then closed with a photo session with all participants including the participants of the Pro Curia Judicial Training (recharging program), which was followed by eight employees of the Constitutional Court of the Republic of Indonesia. Before leaving for Indonesia, Justice Manahan, accompanied by the Registrar of Court Kasianur Sidauruk, visited the International Criminal Court and had a dialogue with the Indonesian people at the Embassy of the Republic of Indonesia in The Hague, the Netherlands. (AT/LA/Yuniar Widiastuti)