Constitutional Judge Receives a Visit from the Forum of Alumni of the Australia-Indonesia Muslim Exchange Program, Wednesday (18/09/2024), at the Constitutional Court Building. Photo by Public Relations/Ilham WM
JAKARTA, MKRI – Constitutional Judge Arsul Sani received a visit for a friendly gathering and national dialogue with the Forum of Alumni of the Australia-Indonesia Muslim Exchange Program (AIMEP) on Wednesday (18/9/2024) at the Constitutional Court Building.
In opening the dialogue, Arsul expressed that many Constitutional Court rulings often draw attention, particularly regarding ultra petita decisions, which exceed what was requested. "In the past, I also criticized the Constitutional Court when I was in Commission III of the DPR RI, but perhaps I was criticizing something I was still learning about, like how constitutional courts operate in democratic countries," Arsul said.
He stated that decisions made by judicial bodies, especially those related to political products, will often be controversial or considered controversial by other institutions. He compared this to the authority of judicial review in Australia, which is carried out by the High Court of Australia, and to the United States Supreme Court, both of which are not immune to controversy. Arsul gave an example of how the High Court of Australia once issued a decision that granted constitutional protection by recognizing the land rights of the Aboriginal and Torres Strait Islander peoples, overturning the terra nullius doctrine (the concept of "nobody's land"), which had sparked reactions from Australian politicians at the time.
Arsul further discussed the political climate in Australia, where, like many former British colonies, there were not many political parties at the time. Through Parliament, they enacted a law banning free political advertising on television, aiming to prevent the ruling party from becoming too dominant. However, this law was challenged by seven television stations in Australia, and the High Court of Australia granted the request, ruling that the law violated freedom of expression.
Next, Arsul explained the criticisms surrounding the inconsistency of Constitutional Court rulings in Indonesia. "Again, this is not something that is exclusive to Indonesia's Constitutional Court; the US Supreme Court often receives judicial reviews or constitutional complaints, particularly on issues like capital punishment or the death penalty, where they reversed their stance in just three years. Initially, the US Supreme Court ruled that the death penalty was unconstitutional, but later reversed that decision due to rising crime rates," said Arsul.
In conclusion, Arsul mentioned that Constitutional Court decisions will always generate controversy or be challenged by other branches of power. "I believe this will continue, and it's heartening to see that the Constitutional Court remains a pillar of hope when civil society feels that their aspirations are not accommodated by other branches of power, so they turn to the Constitutional Court to test laws," he affirmed.
Answering a question about the Constitutional Court's model of rulings that offer constitutional interpretations, Arsul said that in the past, many petitioners requested that certain norms be completely annulled. However, over time, the Constitutional Court has often issued partial approvals. As a result, many petitioners now ask the Court for constitutional interpretations. This has led to multiple articles being brought back for review at the Court, albeit with different arguments and grounds for review.
"In fact, if we study it, the open legal policy (open legislative policy) is not a rigid doctrine. The Constitutional Court itself has stated that this doctrine can be overridden if the legislative authority is abused," Arsul explained.
He added that his current views are based on the legal knowledge he possesses. "I have shifted on some views since joining the Constitutional Court, but many of my positions have remained the same as when I was in the DPR. When I express an opinion on a legal issue, I want to show that I'm speaking not out of political interest but from a legal conviction and perspective. So, if my opinion changes, it’s not because my position has changed," said Arsul.
Regarding a question about the protection of minority rights and constitutional complaints, Arsul positioned himself as a mediator, emphasizing the need for balance between one person's freedom and another’s, as well as between one group's freedom and another group's.
On the relationship between Constitutional Court judges in decision-making, Arsul revealed that each judge is free to present their views during the Judges' Deliberation Meetings.
During the meeting, Pan Mohamad Faiz, the Head of the Center for Research and Case Studies, who was also present, added that the Constitutional Court also provides constitutional protection for women and children, voting rights for people with disabilities, adherents of faiths, and constitutional protections for various other community groups. As for the idea of granting the Court the authority for constitutional complaints, Faiz noted that while this idea has been widely discussed, some oppose it due to concerns over overlapping jurisdictions with the Administrative Court (PTUN) if such authority were granted to the Constitutional Court.
Furthermore, he said that the readiness of the Constitutional Court's structure and infrastructure must also be considered. Looking at the Constitutional Court of Korea, for instance, it handles 3,000 constitutional complaint cases annually, while the German Constitutional Court handles 6,000 cases per year, and the Turkish Constitutional Court has received 4,000 constitutional complaints in the past two years.
Previously, Yanuardi Syukur, the Chair of the AIMEP Alumni Forum, in his opening remarks, mentioned that the alumni forum, established in 2017, has nearly 300 members, with more than 100 alumni from Indonesia. Yanuardi said the purpose of this visit was to provide AIMEP alumni with insights into the Constitutional Court, which is not widely understood by the public. Yanuardi also hoped that this meeting would lead to further collaborative activities between the Constitutional Court and the AIMEP Alumni Forum. (*)
Author : Ilham Wiryadi M.
Editor : Lulu Anjarsari P.
Translator : Donny Yuniarto (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.
Wednesday, September 18, 2024 | 18:11 WIB 126