Irfan Nur Rachman (left) and Syamsudin Noer (right) speaking at a Constitutional Literacy Discussion initiated by the Center for Case Research and Study, and the Management of the Constitutional Court Library, Wednesday (8/28/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The second Constitutional Literacy Discussion (Diksi) initiated by the Constitutional Court’s (MK) Center for Research, Case Review, and Library Management (Puslitka), publishing company PT. RajaGrafindo Persada, and Edulaw Project took place on Wednesday, August 28, 2024. The discussion on the books "Judicial Legal Politics: Source of National Legal Development"  by Irfan Nur Rachman and “Issues of People with Disabilities: Unfulfilled Human Rights” by Syamsudin Noer took place at the Court’s library.

At the hybrid (online-offline) event, head of the Center for Research, Case Review, and Library Management Pan Mohamad Faiz said in his remarks that the event was aimed at improve and cultivate constitutional literacy. Talking about literacy, Faiz continued, is not only about reading and writing but also to discuss it. Thus, the target of this activity can grow constitutional literacy among the wider public.

"The activity, which is the result of a collaboration between Puslitka MK and Edulaw Project, was not only attended by the public but also MK employees. So it is hoped that this discussion moment will be a momentum to increase insight and gain enlightenment from quality speakers. Hopefully the discussion will run smoothly and be useful," said Faiz, which was delivered online.

Also read:  Court Hosts the First Constitutional Literacy Discussion 

Judicial Politics

Moderated by Umi Zakia Azzahro (Edulaw Project Research Team), Irfan Nur Rachman dissected the main points of his book related to constitutional legal politics in the national legal system. In general, Irfan said that legal politics are made by the DPR and the President or known as legislative legal politics.

In this book, Irfan introduces a new term in the form of legal politics made by judicial institutions in this case the Constitutional Court or known as judicial legal politics. More clearly, Irfan stated that judicial legal politics are no less important to be included in the planning and development of the national legal system. Because it contains an interpretation of the 1945 Constitution, functions as ius constituendum, the basic legal politics of constitutional legal politics, and is able to make the 1945 Constitution a living constitution.

"The Constitutional Court has made the Constitution not only a dead text without meaning, but has made it a living constitution where the judicial message contained in the Constitutional Court's decision must be used as a guideline when the president and DPR form laws and formulate the RPJMN," said Irfan.

He further explained, in the context of comparative studies, there are several countries written in this book, namely the Constitutional Court of Korea, Italy, and Germany. The Constitutional Courts of these countries are not only negative legislators but also positive legislators. Meanwhile, the Constitutional Courts of Turkey, Spain, Austria, only act as negative legislators, namely only eliminating norms. "So, the Constitutional Court (Indonesia) is now acting as a positive legislator not in order to increase authority or take away the authority of the law maker. However, the initial design was like that, so that when the Constitutional Court is only a negative legislator who only eliminates norms, there will be a legal vacuum. This is what the Constitutional Court then assessed and then the majority of the Constitutional Court's decisions became conditional decisions," explained Irfan.

Quiet Space for People with Disabilities

Syamsudin Noer discusses his work entitled "Issues of People with Disabilities: Unfulfilled Human Rights". He said that in the midst of the many cases in 2024 that the Constitutional Court must face, it does not dampen his enthusiasm with the writing team in overseeing the Constitutional Court as a guardian of human rights for Indonesian citizens, especially people with disabilities and customary law communities.

Syamsudin said that Article 28H paragraph (2) of the 1945 Constitution is very accommodating in treating every citizen without any distinction, including for people with disabilities. Because people with disabilities must have a kind of quiet space including by the Constitutional Court in accommodating all the human rights that exist to them. For example, in the form of legal access, education rights, sign language, decent accommodation,

"One of them is sign language which should be provided in every government agency and public service for friends with disabilities, there is also decent accommodation such as puffing blocks that make it easier to walk and special parking for friends with disabilities. We hope that our friends also feel all the facilities available at the Constitutional Court because our friends have the potential to file a judicial review and the Constitutional Court deserves to welcome all of our friends. So this Diction should provide more substantial input so that unfulfilled human rights can be accommodated," said Syamsudin.

Inclusive Education

Taufik Wijaya, a person with disabilities from Pamulang University asked about inclusive education which he considered still inadequate and accommodates all people with disabilities from elementary school to college. "My hope is that inclusive education must be accommodated by the Ministry of Education, Culture, Research and Technology with a curriculum that regulates it in the form of SOPs, so that there is no more bullying for people with disabilities that can be experienced by anyone," asked Taufik.

Answering this question, Syamsudin said that the curriculum in Indonesia should include a curriculum for people with disabilities. "Every time a minister changes, the curriculum changes. In essence, humans tend to change, and so does our curriculum because what is managed is humans. In fact, here is our hope, hopefully in the future our curriculum can accommodate people with disabilities in getting their rights in education," explained Syamsudin.

Author          : Sri Pujianti
Editor           : N. Rosi
Translator     : Sherly Octaviana Sari (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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