Three Constitutional Court staff participating in the 10th International Summer School by the Constitutional Court of Turkiye as AACC’s Center for Training and Human Resources Development, Wednesday (9/21/2021). Photo by Humas MK/Ilham W. M.

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Thursday, September 22, 2022 | 15:05 WIB

JAKARTA (MKRI)—The Constitutional Court of Turkiye as a permanent secretariat and the Center for Training and Human Resources Development (CTHRD) of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) organized the 10th International Summer School on “The Interpretation of the Constitution in the Protection of Fundamental Rights and Freedoms” on September 21-24, 2022 both on site and virtually.

The event was officially opened by the President of the Constitutional Court of Türkiye Zühtü Arslan on Tuesday afternoon Indonesia time, September 21. The participants of the program shared issues and cases on the execution of decisions of the participants’ Courts.

Constitutional Interpretation

Three staff members of the Constitutional Court of the Republic of Indonesia (MKRI)—Agusweka Poltak Siregar, Intan Permata Putri, and Rizkisyabana Yulistyaputri participated in the program. Aside from discussing and sharing various cases, they delivered presentations on “The Interpretation of The Constitution in the Protection of Fundamental Rights and Freedoms: A Study of Education Rights for Children” and “A Decision on Illegitimate Children: Recognition and Protection for Equal Rights.”

Siregar explained that constitutional interpretation is one of the methods to explain the interpretation of the Constitution. “It is usually informed by the different social backgrounds and political views of the interpreters,” he said.

In his paper, he explained that Article 47 of the Constitutional Court Law stipulates that “A decision of the Constitutional Court shall take full legal force and effect upon its pronouncement in a plenary hearing open to the public.” After a decision is pronounced, it must be implemented. The Constitutional Court’s decision, he said, is the first and last resort for justice seekers.

Challenge to Constitutional Court Decisions

The 1945 Constitution and the Constitutional Court Law declare that the Constitutional Court decisions are final and binding. However, in practice, many are still disregarding and even rejecting those decisions.

The Constitutional Court decisions are declaratory and constitutive. Declaratory means that they describe what law is, while constitutive means that it repeals the law and create a new one. In material judicial review cases, the Court decisions are declaratory since they declare legal norms unconstitutional, may repeal a law, and sometimes create new legal provisions.

Disregard to decisions is a challenge to the Court. The judiciary needs a special implementation unit or an enforcement institution to ensure the execution of the decisions that are free from misinterpretation.

Meanwhile, Intan Permata Putri and Rizkisyabana Yulistyaputri said that after the Court handed down its decision, the acknowledgment of extramarital children is determined in two ways. The first is voluntary recognition by the biological father (Civil Code). A case on this matter went on for 10 years until the District Court of Banten handed down a decision. The case was hindered by the difficulty of getting DNA sample for testing.

The acknowledgement of the biological father has implications on matters such as inheritance, citizenship, and population administration. In Scotland, on the other hand, the court can compel anyone to provide DNA sample for testing.

Writer        : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 10/31/2022 15:26 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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