Deputy Chief Justice Aswanto with Constitutional Justice Daniel Yusmic P. Foekh receiving token from the Chairman of the Supreme Judicial Council of Uzbekistan, Yodgorov Holmo’min Buvraboevich, Monday (12/21/2021) in Tashkent. Photo by Humas MK.

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Wednesday, December 22, 2021 | 09:35 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 and the MKRI delegation met with the chairman and members of the Supreme Judicial Council of Uzbekistan, Monday, December 20, 2021. Chairman Yodgorov Holmo’min Buvraboevich welcomed the delegation and thanked them for the visit.

“Relations between Uzbekistan and Indonesia have been very good so far because both share many cultural similarities, including a Muslim-majority population. That is why every time there is a meeting involving these two countries it always has always gone smoothly,” Buvraboevich said.

He explained to the MKRI delegation that the Supreme Judicial Council of Uzbekistan is a body of judicial community that serves to ensure compliance with constitutional principles and the independence of judicial authorities in Uzbekistan. It actively participates in determining constitutional justices and supreme justices, as well as judges of the courts under the Supreme Court. The Constitution stipulates that those justices and judges be selected by the Senate from among candidates nominated by the president. “The council also actively participates in the appointment of judges at the provincial courts and judges at all levels in Uzbekistan,” he added.

The council, Buvraboevich explained, had built an information technology system to make it easier to determine judges who deserve awards and those who need performance reminders. It requires that all judges upload all their activities and the results of their work. It will make it easy to obtain data on judicial institutions in Uzbekistan such as the total number of judges at each level of the judiciary, vacancies, and the total number of lady judges, at any time. “Currently there are 25 vacancies in the process of being filled, while the total of lady judges is 170,” he said.

Next, Justice Aswanto conveyed warm greetings from the Chief Justice Anwar Usman and the other constitutional justices. He also expressed hope that good relations between the two institutions would continue. He then explained the history of the MKRI, its structure, duties, and authorities. The MKRI was established on August 13, 2003 to carry out an important role—to uphold the citizens’ constitutional rights as guaranteed in the 1945 Constitution.

“Institutionally, the MKRI has nine constitutional justices, assisted by the Registrar’s Office and the Secretariat-General. Pursuant to Article 24C of the 1945 Constitution, the MKRI has an authority to review laws against the 1945 Constitution. When any citizen feels their constitutional rights guaranteed in the 1945 Constitution are harmed by the enactment of a law, they have the right to file a petition to the MKRI. If it is proven that the article and/or paragraph in the law is unconstitutional, it can be repealed by the MKRI,” Justice Aswanto said.

Therefore, he added, many believe that the MKRI is a superbody, because its nine constitutional justices can repeal a law made by the House—comprising of 575 members—and the president.

The next authority is deciding on authority disputes between state institutions whose authorities are granted by the 1945 Constitution. It positions the MKRI as akin to a referee. “In addition, it also has the authority to decide on disputes over general election results, both legislative and presidential,” he added.

Another authority is dissolving political parties whose statute and bylaw are against Pancasila and the 1945 Constitution. Justice Aswanto revealed that this authority has not been exercised as no petition on it has ever been filed. Aside from those authorities, he added, the MKRI is obligated to decide on the House of Representatives’ (DPR) opinion on the impeachment of the president and/or vice president due to an violation of law they allegedly committed.

Constitutional Justice Daniel Yusmic P. Foekh added an explanation on equality among citizens, both women and men, in public offices in Indonesia. He said that, based on Article 28D paragraph (2) of the 1945 Constitution, all citizens are entitled to equal opportunity in government. Therefore, there is not gender restrictions in the filling of public vacancies. Any public position can be filled by women who are qualified. “Indonesia has had a female president, Megawati Soekarnoputri,” he added.

At the meeting at the building of the Supreme Judicial Council, Justice Aswanto requested that the other members of the MKRI delegation take turns to explain their duties and functions in supporting the MKRI’s constitutional duties. Olfiziana Tri Hastuti, Bilateral and Regional Cooperation Analyst, explained the MKRI’s models and strategies in international relations. Next, Head of the Public Relations and National Affairs Department Fajar Laksono talked about the MKRI’s support to enforcing judicial principles through ease of access to public information and cooperation networking. Researchers Abdul Ghoffar and Titis Anindyajati explained the mechanism of substantial support to the constitutional justices in adjudicating cases.

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

Translation uploaded on 12/23/2021 12:16 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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