Deputy Chief Justice Aswanto with Constitutional Justice Daniel Yusmic P. Foekh at a bilateral meeting at the Constitutional Court of Uzbekistan, Monday (12/21/2021) in Tashkent. Photo by Humas MK.

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Tuesday, December 21, 2021 | 10:16 WIB

TASHKENT, Public Relations—Deputy Chief Justice of the Constitutional Court of the Republic of Indonesia (MKRI) Aswanto with Constitutional Justice Daniel Yusmic P. Foekh met with the Chairman of the Constitutional Court of the Republic of Uzbekistan Abdusalomov Mirza-Ulug‘bek Elchiyevich on Monday, December 20, 2021. At the meeting, Elchiyevich thanked the MKRI delegation for the visit. He said that Indonesia and Uzbekistan had always had good relations because of its relative proximity and Muslim-majority population.

“This visit by Deputy Chief Justice Aswanto has long been awaited. We’ve hoped and waited for this important momentum. I have reported [this visit] to the President (of Uzbekistan). He welcomed the MKRI delegation. The good relations and cooperation between the two countries also rely on the good relations between [the Constitutional Courts of Indonesia and Uzbekistan],” he said.

He also hoped that the MKRI delegation’s visit would promote cooperation between the Constitutional Courts of Indonesia and Uzbekistan, especially in terms of management improvement.

“The Constitutional Court of Uzbekistan is making efforts to improve cooperation with the constitutional courts of other countries, especially Indonesia, in order to reach the things that the MKRI has achieved,” Elchiyevich added.

Prior to this meeting, Justice Aswanto had also met with the Deputy Chairman of the Constitutional Court of Uzbekistan Gafurov Asqar Boyisovich and several other constitutional justices and officials of the Court. Boyisovich talked about the Constitutional Court of Uzbekistan, which was established in 1995 and used to have only seven constitutional justices. However, a new provision passed at the beginning of the year set the number to nine. It also stipulates that the constitutional justices be appointed by the Senate with a majority vote among candidates recommended by the Supreme Judicial Council and nominated by the president.

Boyisovich detailed the Court’s authorities—to decide on cases relating to the constitutionality of the actions by the legislative and executive branches, to interpret the norm of the Constitution and laws, etc. “The main objective of all of the Court’s authorities is to protect the citizens’ human rights,” he said.

In response, Justice Aswanto talked about the MKRI and the developments of its practices and its organizational structure. He revealed that to carry out their duties and responsibilities, the constitutional justices of the MKRI are assisted by the Registrar’s Office and the Secretariat-General. The Registrar’s Office is led by a Chief Registrar, who supervises deputy registrars and substitute registrars.

“Meanwhile, the Secretariat-General is led by a Secretary-General, who supervises heads of bureaus and centers, who supervise structural and functional officials,” he explained.

MKRI’s Authorities

At the meeting, Justice Daniel Yusmic P. Foekh explained the MKRI’s duties and authorities. Based on Article 24C paragraph (1) of the 1945 Constitution, it adjudicates at the first and last level, with decisions that are final, laws against the 1945 Constitution (judicial review); decides on authority disputes between state institutions (SKLN) whose authorities are granted by the 1945 Constitution; decides on the dissolution of political parties; and decides on disputes over general election results (PHPU). In addition, based on Article 24C paragraph (2), it is obligated to decide on the House of Representatives’ (DPR) opinion on an alleged violation of law committed by the president and/or vice president (impeachment).

Justice Foekh revealed that since 2003 to 2021, the MKRI had exercised three of its authorities: judicial review, SKLN, and PHPU. It has not dealt with the dissolution of political parties and the impeachment of president and/or vice president. “Why not? Because no petition has ever been filed to the Court relating to these two cases,” he said.

Justice Foekh went on to explain the MKRI’s additional authority to decide on regional head (governor, regency, mayor) election (pilkada) disputes until the establishment of a special judicial body. Aside from these authorities, he revealed, the MKRI also serves as the guardian and final interpreter of the Constitution and the guardian of democracy. “Moreover, the MKRI is the protector of the citizens’ constitutional rights, and the protector of human rights,” he added.

At the meeting, Justice Aswanto requested Deputy Registrar Ida Ria Tambunan and Junior Substitute Registrar Syaiful Anwar to explain the Registrar’s Office’s main duties and functions. They then took turns explaining the MKRI’s case management, starting from receiving the petitions, the proceedings, the ruling, until case minutation and submission to the National Archives of the Republic of Indonesia (ANRI).

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

Translation uploaded on 12/23/2021 09:20 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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