Constitutional Justice Daniel Yusmic F spoke on the constitutional review practice at an international conference of the Constitutional Court of the Russian Federation in St. Petersburg (6/27/2024). Photo: MKRI/I Made Sukarma

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ST. PETERSBURG, RUSSIA, MKRI - The Constitutional Court of the Republic of Indonesia (MKRI) attended an international conference held by the Russian Constitutional Court on Wednesday, June 26, 2024, in St. Petersburg, Russia. This international conference was the main agenda of MKRI’s visit to Russia.

The conference themed “Protection of Rights and Constitutional Supervision” was attended by representatives of constitutional courts and equivalent institutions from 23 countries, the Secretary General of the Conference of Constitutional Jurisdictions of Africa, the Supreme Court of the Russian Federation, the Court of the Eurasian Economic Union, and several institutions dealing with law and legislations in Russia. The 23 countries that were present at the international conference were the Republic of Abkhazia, Azerbaijan, Armenia, Belarus, Benin, Egypt, Zambia, India, Indonesia, Kazakhstan, Cambodia, Kyrgyzstan, Congo, Malaysia, Morocco, Mongolia, Myanmar, Palestine, Thailand, Turkey, Uzbekistan, Central Africa, and Ethiopia.

In his speech, Chief Justice of the Russian Constitutional Court Valery Zorkin expressed his gratitude for the delegates' and guests' willingness to share ideas, views, and best practices from each country in protecting citizens’ rights and freedoms through constitutional review. The two sessions' subthemes during the conference were Initiating Constitutional Review to ensure the Protection of Rights and Freedoms and Protection of Rights and Freedoms as the Result of Constitutional Review.

Constitutional Justice Daniel Yusmic Pancastaki Foekh, who led the MKRI delegation, started his speech by congratulating the Russian Constitutional Court for hosting the conference. Daniel explained that MKRI participated in this event as the Permanent Secretariat for Planning and Coordination at the Association of Asian Constitutional Court and Equivalent Institutions (AACC), which the Russian Constitutional Court is also a member.

“On behalf of the AACC Permanent Secretariat for Planning and Coordination, we congratulate the organization of this international conference.,” Daniel said.

Responding to the conference’s theme, Daniel explained the duties and authorities of MKRI based on Article 24C paragraph (1) and paragraph (2) of the 1945 Constitution, including the development of the authority to review government regulations in lieu of laws (Perpu) which is an emergency law, and to decide on disputes over the results of the elections of regional and vice regional’s heads. Concerning the constitutionality of laws and/or Perpu, petitions can only be submitted by individuals of Indonesian citizens, indigenous legal communities, private and public legal entities, and state institutions. To submit the petition, the petitioner must explain the fulfillment of five conditions or criteria of constitutional harm.

“The Constitutional Court’s decision pronounced in the open for the public hearing shall be final and binding and shall be obeyed by all citizens (erga omnes) so that there are no other legal remedies that can be pursued,” Daniel continued.

One of the landmark decisions discussed on this occasion is Decision Number 11/PUU-III/2005 regarding the education budget of at least 20% of the State Budget and Decision Number 35/PUU-X/2012 regarding indigenous forests not being state forests. By implementing the duties and authorities granted by the 1945 Constitution and expanding authority so far, the Constitutional Court has roles beyond guarding the Constitution.

“The Constitutional Court also serves as the final authority to interpret the constitution, the guardian of democracy, the protector of human rights, the protector of citizens’ constitutional rights, and the guardian of the ideology of Pancasila,” Daniel concluded.

St. Petersburg Forum of International Law

The visit to Russia is an official visit that strengthens the relationship between MKRI and the Russian Constitutional Court to share information and developments in law and constitutional affairs from both countries. Furthermore, Russian is one of the official languages (working language) in every AACC activity.

MKRI’s delegation participated in the 12th St. Petersburg International Law Forum (SPILF) on the following day, Thursday, June 27, 2020, located at the ExpoForum and Exhibition Center, St. Petersburg, Russia. This annual event is hosted by the Ministry of Justice of the Russian Federation to discuss various legal issues and bring together communities in law, business, politics, and human rights. MKRI delegation along with hundreds of practitioners and academics from various countries paid close attention to the scientific lecture delivered by the Chief Justice of the Russian Constitutional Court Valery Zorkin concerning the law and the challenges of artificial intelligence.

Author            : Alboin
Editor             : Nur R.
Translator       : M. Ariva Aswin Bahar/ Rizky Kurnia C. (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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