Constitutional Justice Daniel Yusmic P. Foekh speaking at an Assembly of the Service of the Synod Fathers virtually, Friday (16/7/2021). Photo by Humas MK/Bayu.
Friday, July 16, 2021 | 20:51 WIB
JAKARTA, Public Relations—Constitutional Justice Daniel Yusmic P. Foekh spoke at an Assembly of the Service (Muspel) of the Synod Fathers of GMIT, SoE, East Nusa Tenggara virtually on Friday morning, July 16, 2021. He delivered a presentation on “The Constitutional Court and the Protection of Human Rights in Indonesia.” Speakers from the Law and Human Rights Ministry were also in attendance.
Justice Foekh began his presentation by explaining the Constitutional Court’s authorities pursuant to Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraphs (1) and (2) of the Constitutional Court Law: to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on the dissolution of political parties, to decide on disputes over general election results, as well as the obligation to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president.
However, he added, the Constitutional Court was then granted two additional authorities to review government regulations in lieu of laws (perppu) and to decide on regional election disputes until a special judicial body is established.
Justice Foekh said that the Constitutional Court has six functions: guardian of the Constitution, final interpreter of the Constitution, guardian of democracy, protector of citizens’ constitutional rights, protector of human rights, and guardian of the state ideology.
Next, he explained that constitutional rights differ from legal rights. The first are guaranteed within and by the Constitution (Article 28A-28J) while the latter by laws and subordinate legislation. For example, as per Article 96 paragraph (1) of Law No. 12 of 2011 in conjunction with Law No. 15 of 2019 on Lawmaking, the people have the right to give oral and/or written inputs to the formulation of legislation.
In addition, the people have citizen’s rights and inhabitant/resident rights. Citizen’s rights are attached to a person legally as a citizen of a country. Article 26 paragraph (1) of the 1945 Constitution stipulates, “Nationals shall be the indigenous Indonesian nationals and individuals of the other countries ratified by the law as Indonesian nationals.” Meanwhile, Article 27 paragraph 3) stipulates, “Each national shall be entitled to and participate in the state defense.”
Meanwhile, inhabitant/resident rights emerge because one resides in a country. Article 26 paragraph (2) of the 1945 Constitution stipulates, “Residents shall be Indonesian nationals and expatriates residing in Indonesia.” Justice Foekh said each resident has the right to population documents, equal service in population and civil registration, protection of personal data, legal certainty over document ownership, information regarding the data on the results of the civil registration for oneself and/or their family, compensation and restoration of good name as a result of errors in population and civil registration as well as misuse of personal data by the implementing agency. All this is regulated in Article 2 of Law No. 23 of 2006 in conjunction with Law No. 24 of 2013 on Population Administration.
Justice Foekh further explained that human rights are regulated in the original articles of the 1945 Constitution before amendment, such as Article 27 paragraphs (1) and (2), Article 28, and Article 29 paragraph (2).
Although not explicitly stated in the articles in the 1945 Constitution, the Constitutional Court’s constitutional interpretation stressed that the right to legal assistance is constitutional. Justice Foekh quoted the Constitutional Court Decision No. 006/PUU-II/2004 on page 29, which states, “… thus means that the right to obtain legal assistance, as part of human rights, must be considered as a constitutional right of citizens, even though the Constitution does not explicitly regulate or state it, and therefore the state is obliged to guarantee its fulfillment.”
Writer : Utami Argawati
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 7/16/2021 10:39 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.