Constitutional Justice Manahan M. P. Sitompul giving a public lecture at OSO University, Friday (11/11/2022). Photo by MKRI/Ifa.

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Friday, November 11, 2022 | 22:45 WIB

JAKARTA (MKRI)—Constitutional Justices Manahan M. P. Sitompul and Wahiduddin Adams delivered a public lecture on “The Protection of Citizens’ Constitutional Rights through the Constitutional Court’s Decisions” at OSO University on Friday, November 11, 2022.

Justice Manahan explained how the 1998 Reform brought changes to Indonesia’s administration system. The Reform demanded the amendment to the 1945 Constitution, the elimination of the dual functions of the Armed Forces (ABRI), the enforcement of the law and human rights, the eradication of KKN (corruption, collusion, and nepotism), regional autonomy, freedom of the press, and the implementation of democracy.

He believed that the MPR’s (People’s Consultative Assembly) highest authority, the president’s overarching power, ambiguous articles of the law, and the president’s authority to regulate important laws relating to the law and the 1945 Constitution that was not entirely supported by the Constitution were the reasons behind the amendment to the 1945 Constitution.

Justice Manahan said that the amendment was aimed at improving basic regulations on state order, the people’s sovereignty, human rights, separation of state power, social welfare, democracy and rule of law, as well as other matters in accordance with the development of the nation’s needs.

The basic agreement of the amendment was that the Preamble remained unchanged, NKRI (the Unitary State of the Republic of Indonesia) remained, the presidential system was emphasized, the elucidation to the 1945 Constitution that explained normative matters would be made articles, and the changes were made as addendums.

Protection for Workers

Justice Manahan also talked about the protection of the constitutional rights of workers/laborers in Article 28D paragraph (2) (“Everyone shall be entitled to work and receive fair and proper payment and treatment in an employment relationship”) and 28E paragraph (1) of the 1945 Constitution (“Everyone shall be free to embrace their religions and worship according to their religions, choose education and teaching, occupation, nationality, residence in the state territory and leave the same, and return”).

He also revealed that Law No. 13 of 2003 on Manpower had been petitioned 35 times and is one of the 10 most petitioned laws. He stressed that the development of manpower law cannot be separated from the Constitutional Court’s decisions on the Manpower Law. Some of those laws have been petitioned and reviewed by the Court with its judicial review authority as mandated by Article 24C paragraph (1) of the 1945 Constitution. 

Protection of Constitutional Rights

Meanwhile, Justice Wahiduddin explained the Constitutional Court’s role in protecting constitutional rights and preserving national values. He said that constitutionalism was needed because there was a need for an institution that safeguards the Constitution, which could be a special judicial institution.

He also explained that the relations between state institutions is no longer hierarchical-structural but horizontal-functional and checks and balances was necessary. He also explained the Constitutional Court’s authorities and obligation. He added that the Court repeal laws in order to enforce justice and protect the citizens’ constitutional rights. 

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

Translation uploaded on 11/14/2022 13:35 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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