Chief registrar Muhidin making an official visit to the Constitutional Court of Portugal, Friday (12/3/2021). Photo by Humas MK/HA.

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Monday, December 6, 2021 | 10:32 WIB

LISBON, Public Relations—In order to build cooperation as a modern judiciary, the Constitutional Court of the Republic of Indonesia (MKRI) initiated cooperation with the Constitutional Court of Portugal. Chief registrar Muhidin made an official visit to the Constitutional Court of Portugal on Friday, December 3, 2021 in Lisbon.

The chief registrar was accompanied by substitute registrar Hani Adhani, staff of the Embassy of the Republic of Indonesia (KBRI) in Lisbon Ajeng Widianty, and Ministry of Foreign Affairs staff Aries Asriadi. The official visit was aimed at discussing cooperation in building a modern judiciary as well as sharing knowledge and experience on case management and the role of both institutions in the international world.

In his presentation, Muhidin broadly conveyed MKRI’s authorities and its ICT-based case management procedure that is aimed at accommodating all public complaints of the unconstitutionality of norms. In addition, he also conveyed several landmark decisions in relation to the citizens’ fundamental rights that it restored. He stated that MKRI is not only the guardian of the Constitution, but also the guardian of fundamental rights, similar to the Constitutional Court of Portugal.

Meanwhile, legal registrar/advisor to the justices’ office, Vasco Becker-Weinberg, explained the authorities of the Constitutional Court of Portugal, which include preliminary review of legislation and abstract review of the legislation, which has erga omnes effect and incidental control of norms, especially on cases that have been ruled by general courts or courts of appeal in relation to the unconstitutionality of norms.

Becker-Weinberg believed the public may request the judicial review of norms in relation to decisions by general courts or courts of appeal through lawyer representation. In addition, prosecutors may also file such petitions. However, he added, the petition is only related to the unconstitutionality of the norms contained in the decisions that may potentially violate the citizens’ fundamental rights as regulated in the Constitution. The Portuguese Constitutional Court’s authority is quite heavy due to the large number of cases, especially those submitted by the public. Every year, more than 1,000 cases are lodged in the Constitutional Court of Portugal to question the unconstitutionality of norms in the decisions of various courts.

Also discussed in the meeting was the institutions’ roles in international relations in relation to associations or organizations of judicial review bodies and constitutional justices. Muhidin stated that MKRI had a significant role in the Asian judicial review organization as it had once served as president of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), had organized international symposiums and conferences among presidents and justices or judicial review bodies in Asia, and hasdorganized short courses for the staff members of judicial review bodies in Asia to facilitate exchange of knowledge and experience. He also said that MKRI had been appointed to represent Asia in the fourth congress of the World Conference on Constitutional Justice (WCCJ) in Vilnius, Lithuania. MKRI will also host the fifth WCCJ congress on “Constitutional Justice and Peace” on October 4-8, 2022 in Bali.

Next, the chief of staff of the president of the Constitutional Court of Portugal Barbara Churro said that the Constitutional Court of Portugal had also been active in international organizations such as the Venice Commission and in international conferences such as the Conference of European Constitutional Courts; the Quadrilateral Conference of the Constitutional Courts of  Portugal, Spain, France and Italy; the World Conference on Constitutional Justice (WCCJ); the Conference of Constitutional Jurisdictions of the Portuguese-Speaking Countries (CJCPLP); and the Ibero-American Conference on Constitutional Justice

In the meeting, Muhidin also relayed a message and official invitation from Chief Justice Anwar Usman to President João Pedro Barrosa Caupers of the Constitutional Court of Portugal to attend the fifth WCCJ congress.

The authorities of the Constitutional Court of Portugal (Tribunal Constitucional), which was established in 1982, are enshrined in the Constitution of 1976, which was formed during reformation. Its main authority is guarding the citizens’ fundamental rights that are guaranteed in the Constitution.

Writer        : HA
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/10/2021 09:30 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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