The Constitutional Court delegation led by Constitutional Justice M. Guntur Hamzah visiting SACF on Monday (6/24/2024) in Helsinki, Finland. Photo by MKRI.

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HELSINKI (MKRI) — The Supreme Administrative Court of Finland (SACF) is a pivotal institution with exceptional authority as outlined in Finland’s Constitution. Established in 1918, SACF is the highest and final court for various administrative cases. Recognizing its significant authority, a delegation of the Constitutional Court of the Republic of Indonesia (MKRI), led by Constitutional Justice M. Guntur Hamzah, visited SACF on Monday, June 24, 2024 in Helsinki, Finland.

The Finnish Constitution mandates that every exercise of public power must be based on law, allowing anyone dissatisfied with an administrative decision to challenge its legality in an administrative court or a state administrative court, including the SACF. Additionally, the SACF oversees the application of laws and regulations and can provide opinions and proposals on legislative drafts to the legislative and executive bodies.

The SACF’s jurisdiction covers a wide range of cases such as land use planning, construction, environment, taxation, economic activities, social welfare, healthcare, intellectual property rights, local government, and matters related to foreign nationals. Finland’s administrative court system operates on a two-tier system, common in EU member states. Notably, all government decisions in Finland can be appealed to the SACF.

During the official visit, Justice Guntur was accompanied by Indonesia’s extraordinary and plenipotentiary ambassador to Finland and Estonia Ratu Silvy Gayatri, political counselor Dewi Kartonegoro, constitutional registrar Hani Adhani, expert assistant to constitutional justice Gilang Suryo, and foreign affairs translator Sherly Octaviana, among others. Justice Guntur discussed the follow-up to the Bali Communique, a resolution from the 2022 World Conference on Constitutional Justice (WCCJ) congress attended by SACF president Kari Kuusiniemi.

Justice Guntur highlighted that the SACF’s authority also encompasses human rights protection, law enforcement, democracy, and constitutional supremacy. This insight is valuable for the MKRI, which operates under similar constitutional values. As part of the Bali Communique follow-up, the MKRI aims to initiate the Constitutional Supremacy Index, focusing on enforcement of democracy in presidential, legislative, and regional election disputes resolution. He also inquired about the SACF’s case management, noting its ability to handle approximately 6,000 cases annually with a limited number of judges and staff, and expressed the MKRI’s interest in the SACF’s optimized use of ICT for court processes.

SACF President Kari Kuusiniemi, accompanied by Judges Eija Siitari and Petri Helander, and SACF Secretary-General Jenny Rebold, elaborated on the SACF’s authority. She also explained that the SACF mission includes law protection and guidance based on judicial precedents. It also gives opinions, initiates legislation, and applies the Administrative Judicial Procedure Law, ensuring proper case examination. This enables parties to proceed without professional legal aid, facilitating appeals and legal access.

President Kuusiniemi revealed that the SACF processes around 6,000 cases yearly, covering international protection, immigration, taxation, social welfare, environment, and land use. These cases are typically handled in written form, with final decisions made by judges in two chambers, supported by registrars, referendaries, and employees led by the secretary-general.

The SACF and the MKRI delegation also discussed case handling procedures. Each SACF case is decided by a five-judge panel, sometimes assisted by two referendaries of relevant expertise. Public interest cases may involve the entire bench.

The discussion also covered the ICT developments in case handling (e-Court) for transparency and accountability, aiming to maintain the independence and integrity of both institutions.

Author         : Hani Adhani, Sherly Octaviana S.
Editor          : Lulu Anjarsari P.
Translator    : Dzaki Difa Al Hadiid/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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