Constitutional Justice Manahan M. P. Sitompul speaking at the International Short Course of the Asian Constitutional Courts and Equivalent Institutions (AACC), Thursday (10/6/2022). Photo by MKRI/Ifa.

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Thursday, October 6, 2022 | 13:16 WIB

BALI (MKRI)—The International Short Course of the Association of the Asian Constitutional Courts and Equivalent Institutions (AACC) continued its second day on Thursday, October 6, 2022 at Bali the Nusa Dua Convention Center (BNDCC), Bali.

In the third session, Constitutional Justice Manahan M. P. Sitompul delivered a presentation titled “General Election among Diverse People: Challenges and Opportunities.” He said, as the guardian of the Constitution and democracy, the Constitutional Court of the Republic of Indonesia has made basic changes in the state administration system in order to realize a constitutional democracy.

He further explained that the Constitutional Court, having existed for 19 years, has been trying to rearrange Indonesia’s system into a constitutional democracy. Its authority to resolve general and regional elections and review the constitutionality of laws has a big influence in changing Indonesia’s democracy.

“The Constitutional Court does not only uphold procedural justice, but also substantive justice through its decisions. The citizens’ constitutional rights guaranteed by the Constitution have been protected in every decision handed down by the Constitutional Court,” he said.

He also said that Indonesia has continuously made efforts to protect and guarantee human rights, fundamentally by making amendments to the 1945 Constitution in 1999 until 2002.

“Currently, the human rights formulated in the 1945 Constitution are very comprehensive and they have made the Constitution whole. It is the most comprehensive constitution in the world that regulates the provisions on human rights protection,” he asserted.

Also read: AACC Organizes Short Course

Justice Manahan further explained that not all constitutional rights constitute human rights, although all human rights constitute the citizens’ constitutional rights. In Indonesia, constitutional rights are the rights guaranteed in the 1945 Constitution. “This shows that all citizens’ rights regulated in the 1945 Constitution constitute constitutional rights that must be guaranteed and protected without exception,” he added.

He also explained that the Constitutional Court has played a role in protecting the citizens’ constitutional rights through its authority to review laws. Moreover, it can also protect constitutional rights through resolving disputes over the results of general elections, including the presidential election, the legislative election, and the regional election.

With those authorities, Justice Manahan added, the Constitutional Court maintains democracy by protecting the citizens’ rights to vote/or be voted in general elections according to democratics principles and rules as guaranteed in the 1945 Constitution. It also ensures that the citizens’ rights to vote/or be voted are protected from manipulation and all kinds of violations that are not only contrary to democracy, but also put the people at a disadvantage.

“If it is proven that the results of general elections have been gained by manipulating the right to vote and/or to be voted and by breaching the principles of democracy, the Constitutional Court can declare the results null and void,” he said.

In response to the presentation, Substitute Registrar Yunita Ramadhani of the Constitutional Court of Indonesia said that the Constitutional Court’s role in settling disputes over general election results is performed in order to ensure the citizens’ right to vote and be voted. She believes Indonesia’s diversity is invaluable, but it can also pose a threat, particularly prior to election year. She also posed a question on how to address the threat. Justice Manahan replied that in other countries, the right of the minority to vote or be voted are protected. In Indonesia, it is also regulated in the Constitution. “I think, previously, it has been regulated as the constitutional right of individuals,” he said.

Also read: AACC Short Course Discusses Justice and General Election

The Constitutional Court of the Republic of Indonesia (MKRI) organizes an international short course annually as the Permanent Secretariat for Planning and Coordination of the AACC. The short course, which was initiated in 2015, includes various topics on the work of the constitutional courts and equivalent institutions, and the promotion of constitutional rights.

The speakers of the short course were justices, former justices of the Constitutional Court of the Republic of Indonesia, academics, researchers, and law practitioners. The participants were substitute registrars, rapporteur judges, researchers, and legal staff of the AACC members, as well as academics from Indonesian leading universities. The various backgrounds of the speakers and participants of the short course have encouraged fruitful discussions from different perspectives and experiences based on their respective skills.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Ayu Wulandari
Editor        : Yuniar Widiastuti (NL)

Translation uploaded on 10/7/2022 09:44 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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