Constitutional Justice Daniel Yusmic P. Foekh speaking at an international symposium on “The Rights of the Citizen to Access Constitutional Justice in the Light of Comparative Systems” at the Palace of the Council of the Nation, Algiers, Algeria, Tuesday (12/6/2022). Photo by MKRI.

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Thursday, December 8, 2022 | 16:22 WIB

ALGIERS, (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh delivered a presentation at an international symposium on “The Rights of the Citizen to Access Constitutional Justice in the Light of Comparative Systems” on Tuesday, December 6, 2022 at the Palace of the Council of the Nation, Algiers, Algeria in commemoration of the first anniversary of the Constitutional Court of Algeria. Advisor to the president, prime minister, and military officials of the People’s Democratic Republic of Algeria as well as ambassadors and hundreds of participants attended the symposium.

In his remarks, president of the Constitutional Court of Algeria Omar Belhadj expressed his gratitude for the presence of the honorable guests. He also reported the implementation of judicial duties and the Court’s participation in various international forums such as the Fifth Congress of the World Conference on Constitutional Justice (WCCJ) in Bali, Indonesia on October 4–7, 2022 and the upcoming First Congress of the Conference of Constitutional Jurisdictions of Member States of the Organization of Islamic Cooperation (CCJ-OIC) in Istanbul at the end of December 2022.

Meanwhile, Justice Foekh started his paper presentation by explaining the history of the Constitutional Court of the Republic of Indonesia (MKRI). “The idea of reviewing laws in Indonesia emerged since the session of the Investigating Committee for Preparatory Works for Independence (BPUPK) in 1945, then reemerged during the amendment to the 1945 Constitution, which ultimately led to the foundation of the Constitutional Court,” he said.

He also explained the MKRI’s authority based on Article 24C paragraphs (1) and (2) of the 1945 Constitution and the development of its authority to review government regulations in lieu of laws (perppu) and adjudicate regional head election (pilkada) results disputes. Therefore, he said, the Constitutional Court serves as the guardian and interpreter of the Constitution, the guardian of democracy, the protector of human rights and the constitutional rights of citizens, and the guardian of state ideology and national identity Pancasila.

Talking about the theme of the symposium, Justice Foekh said that individual Indonesian citizens, including groups of people who have the same interests, can file a judicial review petition to the Constitutional Court. Many petitions by citizens have been granted by the Constitutional Court. “Petitions can be submitted online and the proceedings at the Constitutional Court are free of charge, making it very easy for the petitioners,” said the justice who has served in the Constitutional Court since January 7, 2020.

Also read: MKRI and Constitutional Council of Algeria to Continue Cooperation

Five Landmark Decisions

Justice Foekh then revealed five of the Constitutional Court’s landmark decisions, which not only concerns laws, but also disputes over election results. Some of these decisions have new legal principles and provided constitutional solutions to stagnant constitutional practices. He first explained Decisions No. 47-81/PHPU.A-VIII/2009 on the legitimacy of the noken system in elections, No. 46/PUU-VIII/2010 on the responsibility of biological fathers for children born out of wedlock, and No. 20/PUU-XVII/2019 on voting in election using a certificate of electronic resident identity card.

Next, the justice who studied government regulations in lieu of laws and emergency constitutional law explained the Constitutional Court’s rulings on former convicts running for election and the citizenship requirements for prospective election participants in Decisions No. 56/PUU-XVII/2019 and No. 135/PHP.BUP- XIX/2021. “These five decisions show how important the role of the Constitutional Court is in guarding the 1945 Constitution and protecting the constitutional rights of Indonesian citizens towards the realization of a democratic law-based state,” he said.

All heads of delegations from constitutional jurisdictions were welcome by President of the People’s Democratic Republic of Algeria, Abdelmadjid Tebboune, at the Presidential Palace on a separate occasion. The meeting was short and limited and all guests in attendance were required to take a PCR test.

Writer        : Alboin/R. A. Indah Apriyanti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/13/2022 11:33 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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