Constitutional Justice Wahiduddin Adams speaking at an international conference on “The Constitution as a Foundation for Building a Democratic State under the Rule of Law,” Wednesday (6/21/2023) at State Residence 2, Cholpon-Ata, Kyrgyzstan. Photo by MKRI/Ifa.

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CHOLPON-ATA (MKRI) — As the interpreter of the Constitution, the Constitutional Court of the Republic of Indonesia (MKRI) has an important role in expressing the interpretation of the Constitution in its decisions. Its decisions, which can annul any phrases, articles, and even the entirety of laws that are unconstitutional, are part of its role as the guardian of the Constitution.

This statement was made by Constitutional Justice Wahiduddin Adams in his presentation in the first session of the academic and practical international conference on “The Constitution as a Foundation for Building a Democratic State under the Rule of Law” on Wednesday, June 21, 2023 at State Residence 2, Cholpon-Ata, Kyrgyzstan.

In addition, he said Article 24C paragraph (2) of the 1945 Constitution authorizes the Constitutional Court as an executor of judicial power to guard the Constitution and be the final interpreter of the Constitution. Constitutional interpretation by the Constitutional Court, he continued, emphasizes that sovereignty is in the hands of the people based on the Constitution and is a manifestation of Indonesia’s statement as a state of law. “It can be seen as a firm stance of the principle of democratic governance of a country based on the Constitution,” he said.

Justice Wahiduddin also explained that the 1945 Constitution respects, guarantees, and protects the rights of citizens, including human rights and the citizens’ constitutional rights. The MKRI plays an important role in realizing the rule of law and democracy and implementing the mandate of the 1945 Constitution through its decisions. Through its decisions, he continued, it guarantees and protects the citizens’ constitutional rights, for example the right to water. He explained that the right to water is not explicitly regulated as a human right in the 1945 Constitution because the 1945 Constitution only regulates that earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people.

Justice Wahiduddin also gave an example of the Court’s progressive decision that recognized the constitutional rights to obtain legal aid, to vote, and to be elected. Through Decision No. 006/PUU-II/2004, it ruled that the right to legal aid is a human right that must be considered and recognized as a constitutional right although the Constitution does not explicitly regulate it. In Decision No. 11-17/PUU-I/2003, the Court ruled that the right to vote and the right to be elected are protected by the Constitution, laws, and international conventions.

“Thus, the deviation, nullification, and elimination of these rights is a violation of the human rights of citizens. The right to elect and be elected is not expressly regulated in the 1945 Constitution, but the Court affirms this right a constitutional and human right,” explained Justice Wahiduddin in his presentation entitled “The Constitutional Court as the Interpreter and Guardian of the Constitution.”

The two-day conference on Wednesday-Thursday, June 21-22 is held to commemorate the 30th anniversary of the Constitutional Court of Kyrgyzstan. Similar institutions from 16 countries, including Indonesia, Belgium, Portugal, Uzbekistan, and Azerbaijan attended it. The conference was an important forum to discuss the role of constitutional justice and its impact on the establishment of a democratic rule of law. Participants will share their experiences in constitutional law and discuss current issues related to the challenges and perspectives of constitutional jurisdictions in the era of global change.

Author       : LAP
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

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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