Constitutional Interpretation by MKRI Following the Times
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Director of the Sorbonne Doctoral School of Law David Capitant welcoming Constitutional Justice Arief Hidayat at the Panthéon-Sorbonne University, Paris, France, Wednesday (3/23/2022). Photo by Humas MK.


Friday, March 25, 2022 | 19:05 WIB

PARIS, Public Relations—Constitutional interpretation by the Constitutional Court of the Republic of Indonesia (MKRI) follows the times, said the Director of the Sorbonne Doctoral School of Law David Capitant when welcoming Constitutional Justice Arief Hidayat at the Panthéon-Sorbonne University, Paris, France on Wednesday, March 23, 2022.

He mentioned the MKRI’s interpretation of state control over electricity in its judicial review decision for the Electricity Law, which concerns the lives of the many.

“This is an interesting interpretation of the state’s position concerning the lives of many people. If the state did not exercise control, more citizens’ right to enjoy electricity as a necessity would be harmed,” he said.

Capitant added that the development of social media, which is influenced by the development of global information technology, is extraordinary. “Indonesians have the freedom to use social media. However, the state intervenes if the freedom in using social media pose a danger to state order and security,” he added.

His statement shows that as a constitutional judicial institution, the MKRI has developed and is increasingly known internationally. The Court has been participating in the World Conference on Constitutional Justice (WCCJ) since 2015. When Constitutional Justice Arief Hidayat first became chief justice in 2015, this role became more evident. The MKRI’s international role has improved. Thus, the Court and its decisions receive the attention of other constitutional courts.

The MKRI is seen to have contributed to constitutionalism and democracy in Indonesia. It has also contributed to creating global constitutionalism, maintaining democracy, protecting human rights, and realizing world peace. Therefore, it received the trust to host the fifth WCCJ Congress on October 4–7, 2022 under the theme “Constitution and Peace” in Nusa Dua, Bali.

During the visit, Justice Arief, who was accompanied by Secretary-General M. Guntur Hamzah, conveyed the MKRI’s desire to invite Capitant to the WCCJ Congress. His thoughts and views as a globally renowned law professor are needed in sharing discourse on constitutional court in the upcoming congress. “Yes, gladly, I will attend it. Thank you," he said.

“Aside from the WCCJ Congress, the Indonesian Constitutional Court International Symposium (ICCIS) will also take place under the same theme. We would like to invite Prof. Capitant to also attend it and deliver a presentation,” Justice Arief added.

In the lively discussion, contemporary legal issues were talked about, especially relating to Indonesia. “Thank you, Prof. Capitant, for this important and valuable invitation and meeting,” Justice Arief said. The discussion was moderated by Dewi Nurul, the MKRI’s staff member who is studying for a doctorate at the university and completing dissertation under Prof. Capitant. The discussion was concluded by the conferring of tokens of appreciation.

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

Translation uploaded on 3/28/2022 10:00 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.


Friday, March 25, 2022 | 19:05 WIB 208