Justice Arief Hidayat: Indonesian-Kazakh Constitutional Courts to Drive Transnational Network

Justice Arief Hidayat delivering a public lecture before constitutional justices and staff members of the Constitutional Court of Kazakhstan, Tuesday (6/18/2024) in the plenary hall of the Constitutional Court of Kazakhstan. Photo by MKRI.

ASTANA (MKRI) — On Tuesday morning, June 18, 2024, Constitutional Justice Arief Hidayat delivered a public lecture on “Global Constitutionalism: Strengthening Transnational Judicial Networks for Peace and Democracy” in the plenary hall of the Constitutional Court of Kazakhstan. He opened his lecture by quoting the proclamatory of Indonesia’s independence, first president Ir. Soekarno, that internationalism cannot flourish if it is not rooted in nationalism. Conversely, nationalism cannot flourish without internationalism. Justice Arief explained that this means Indonesia wishes for mutually beneficial international relations based on the principles of mutual respect and non-interference, with the goal to create world peace and order based on the values of justice and civilization.

Alongside moderator Constitutional Justice Ongarbaev Erkin, he also explained that in the judiciary, the main motive for involvement in transnational networks is the natural-ideological motive to maintain the holy trinity of constitutionalism, i.e. the protection of human rights, the guarantee of democracy, and the creation and implementation of laws that favor the people. “Joining a network of judicial institutions will boost confidence as well as serve as a moral encouragement to remain confident in constitutional values, including in maintaining independence,” he said.

He also talked about the Global State Democracy Initiative (2022), which indicated that there has been a decline of democratic applications, especially of judicial independence, in the rule of law. “So, once again, strengthening the synergy of constitutional court networks in various regions is a necessity to address the challenges of the global decline of democratic performance,” he stressed before the audience, which was mostly made up of staff members of the Constitutional Court of Kazakhstan.

Closing his lecture, Justice Arief expressed his hope that the relationship between the Indonesian and Kazakhstan Constitutional Courts can be exemplary and that the two can be a close and warm motor to drive transnational network in order to realize world peace and a conducive global democracy.

Bilateral Meeting

On the same day before the lecture, the delegation of the Constitutional Court of the Republic of Indonesia (MKRI) made a courtesy call to Deputy Chief Justice Nurmukhanov Bakyt and the other constitutional justices of the Constitutional Court of Kazakhstan. During the visit, Deputy Chief Justice Bakyt expressed his gratitude to the Constitutional Court of Indonesia for being the axis of progress for the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). He also showed appreciation for MKRI’s achievement in hosting the fifth congress of the World Conference on Constitutional Justice (WCCJ), which was attended by 94 members.

In response, Justice Arief Hidayat explained that the MKRI delegation’s visit to Astana was to follow up the memorandum of understanding between the two courts, which was extended the year before. “We would also like to invite the Chief Justice and constitutional justices of the Constitutional Court of Kazakhstan to deliver public lectures and visit our office in Jakarta. You will also be able to enjoy Indonesia’s diverse cultures in Bali or Labuhan Bajo,” he said.

Indonesian ambassador to Kazakhstan and Tajikistan Fadjroel Rahman, who also joined the event, said that the MKRI’s visit was the fruit of good relations between both countries and institutions. “The Constitutional Court is not only the guardian of the Constitution but also the heart of the Republic,” he said during the hour-long visit.

The Constitutional Court of the Republic of Indonesia and the Constitutional Court of Kazakhstan first signed a memorandum of understanding in 2019 and revised it in 2023 after the Constitutional Council of Kazakhstan changed its name to the Constitutional Court in July of 2022. Head of the AACC Permanent Secretariat of and International Affairs Department Immanuel Hutasoit, junior registrar Jefri Porkonanta Tarigan, and secretary of constitutional justice M. Radhi Zhafari was part of the MKRI delegation during the visit.

Author              : NL
Editor               : Nur R.
Translators        : Yuniar Widiastuti

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.

Wednesday, June 19, 2024 | 23:59 WIB 71