Chief Justice Anwar Usman opening a technical assistance program for the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN), Tuesday (15/6/2021). Photo by Humas MK/Hamdi.
Wednesday, June 16, 2021 | 13:48 WIB
JAKARTA, Public Relations—Some 420 participants affiliated with the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) attended a technical assistance program (bimtek) on procedural law of judicial review, which was organized by the Constitutional Court (MK). The event was officially opened by Chief Justice Anwar Usman from the Constitutional Court's Pancasila and Constitution Education Center (Pusdik), Bogor on Tuesday, June 15, 2021.
In his opening speech, the chief justice said that the amended the 1945 Constitution now encloses an important aspect, that is, human rights in Section XA. This, he added, indicates that the state genuinely wanted to guarantee the protection of its citizens’ constitutional rights. Along with that, the establishment of the Constitutional Court as per the amended Constitution was aimed at guarding it.
“So, the Constitutional Court has a duty to guard the guarantee of the citizens’ constitutional rights as per the 1945 Constitution,” he said before the participants and APHTN-HAN Secretary-General Bayu Dwi Anggono.
Justice Anwar also said that laws are political products by the legislative and executive branches. In the spirit of countering the tyranny of the majority, the Constitutional Court serves as a way for citizens to protect themselves against violations of constitutional rights due to the enactment of a certain law.
Justice Anwar stressed that the judicial review of laws is the Constitutional Court’s core business because the Court was established for check and balances against the executive and legislative branches. While the executive and legislative branches have a positive authority to form laws, the Constitutional Court has a negative authority to revoke those laws.
“This balance is necessary in a democracy to promote popular sovereignty with the sovereignty of norms that has been a state consensus,” he explained.
Access to Justice
Secretary-General M. Guntur Hamzah in his remarks stated that the event, which was to take place from Tuesday to Friday, June 15-18, 2021, was attended by 420 participants virtually. He said that the Court, which was formed thanks to the Reform era, would have its 18th anniversary on August 13. The Court, he added, would be facing challenges in building its image as a modern and trusted judicial body.
He also said that, aside from serving as the guardian of the Constitution, the Court is responsible for building awareness of the Constitution, including of the procedural law of judicial review. Through its Pancasila and Constitution Education Center, the Court invites all elements of society to various events to improve their awareness of their constitutional rights.
“The event serves to inform the academics of the Court’s regulations, especially on judicial review, which is the Court’s effort to provide its strategic partners with access to justice,” he said from the Constitutional Court in Jakarta.
Academic Partners
APHTN-HAN Secretary-General Bayu Dwi Anggono, who serves in 2021-2025, said that the technical assistance program is an implementation of past collaboration with the Court. He said that the event’s participants were lecturers of various universities all across the country. This shows the event’s inclusivity. He expected that the event would lead to more interest in the Court.
He also said that the event’s theme was selected because of the Court’s dynamic procedural law. He said it was important for lecturers to understand it for academic and research purposes.
“The central executive body of APHTN-HAN has high hopes for the participants to use this learning opportunity well because the Court’s is a partner of the academics,” he said.
Writer : Sri Pujianti
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 6/18/2021 10:55 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Wednesday, June 16, 2021 | 13:48 WIB 385