Jimly Asshiddiqie as a speaker in the webinar Judicial Activism in the Constitutional Court's decision in collaboration with the Faculty of Law, Khairun University. Public Relations PhotoFriday (9/6/2024). Photo by MKRI.

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JAKARTA (MKRI) - The Constitutional Court (MK) collaborated with the Faculty of Law, Khairun University and 66 university vicon members and Constitutional Villages throughout Indonesia, held speaker for the webinar, invited students to understand "Judicial Activism in Constitutional Court Decisions".

Jimly told students who will later be the future of legal professional and judges, must first understand not only the constitution and law by book, but also the context of both. For this reason, legal scholars must be able to produce progressive laws or judicial activism, namely the dynamism of making decisions without going beyond the limits of the constitution.

"In fact, a cautious attitude (judicial restraint) in making laws is needed. However, excessive caution will also lead to the application of laws that are not progressive, again, because of understanding the law in text and not seeing the context. The context is also diverse, for example the historical context, how the article was formulated, what is the background, so a historical interpretation is needed by reading the context of the article of the law," said Jimly.

On the other hand, Jimly also reminded legal scholars not to be excessive in applying judicial activism. Because they will be trapped into becoming legal politicians. (Legal) activists tend to play politics, they want the articles in the law to be in the content and context of the law they dream of. Such a thing is not justified. "Try to do objective (legal) reasoning," he said firmly. Jimly revealed that in the 21-year history of the Constitutional Court, it can be traced that in the early periods the decisions produced by its justices tended to be progressive. This is evident in the post-Bali bombing decision which was applied retroactively, going backwards. At that time, the whole world was campaigning for war against terrorism. The Constitutional Court's decision became the world's headline and spotlight. In the wave of Constitutional Court decisions during these 21 years, Jimly continued, there tended to be variations on judicial restraint and judicial activism in its various decisions.

 

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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