The Chancellor together with Master of Law students at Pertiba Pangkalpinang University visiting the Court and holding a discussion with Expert Assistant to Constitutional Justice, Nallom Kurniawan, Wednesday (10/2/2024). Photo by MKRI/Bayu

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JAKARTA, Public Relations of the MKRI – The Chancellor and a number of his staff, together with Master of Law students at Pertiba Pangkalpinang University, visited the Court (MK) on Wednesday (10/2/2024). The group from the Bangka Belitung Islands held a discussion with Expert Assistant to Constitutional Justice, Nallom Kurniawan, in the Audience Room, 4th floor, Building 1 of the Court, Central Jakarta.

Many questions were asked by discussion participants to Nallom, who is also the author of a book entitled "Dynamics of Human Rights and State Responsibility". One of them was a question regarding the role of the Court in upholding Human Rights (HAM) in Indonesia. According to Nallom, in the context of serious human rights violations, the Court's role as a judicial institution is not much.

"So, the role of the Court cannot be much in the process of serious human rights violations, that's why we have ad hoc human rights judges," said Nallom.

He said, although constitutional rights were guaranteed in the 1945 Constitution, serious human rights violations were a different matter. Serious human rights violations occurred in the past and usually occurred in certain political situations, such as the struggle for power during Indonesia's newly independent era because the political temperature was heating up. Therefore, said Nallom, it is important to make the situation in democracy not hot.

"After I did some research on several important matters or cases, I found that the intersection was definitely political," he said.

Nallom said that the Court had annulled Law Number 27 of 2004 concerning the Truth and Reconciliation Commission (UU KKR). For information, in the Court's decision Number 006/PUU-IV/2006, the Court granted the Petitioners' petition and stated that Law 27/2004 was contrary to the 1945 Constitution of the Republic of Indonesia and had no binding legal force.

According to him, if there is currently an issue of reviving the KKR, then it is necessary to fight again to reveal the facts and truth. Meanwhile, Nallom believes that this is becoming more dangerous. Currently, what can be done is to provide compensation and rehabilitation for victims of human rights violations.

"But just give them their constitutional rights, in quotation marks as a form of compensation," he said.

Apart from that, the Court also removed restrictions on descendants of the Indonesian Communist Party (PKI). Restrictions on PKI descendants were implemented during the New Order era. In the Court Decision Number 011-017/PUU-I/2003, the Court granted the petition and stated that Article 60 letter g of Law Number 12 of 2003 concerning the General Election of Members of the DPR, DPD and DPRD is contrary to the 1945 Constitution of the Republic of Indonesia and has no legal force binding. In essence, the Court canceled the provisions prohibiting former members of the PKI or other prohibited organizations from becoming members of the DPR, DPD, Provincial DPRD and Regency/City DPRD.

Nallom is of the opinion that there will be no serious human rights violations if the political temperature does not heat up or can be resolved through good mechanisms. What can be done now is that it is important for each party to ensure that citizens' constitutional rights are fulfilled and maintain political stability properly.

One of them is the Court as the guardian of the constitution whose task is to ensure compliance with the 1945 Constitution of the Republic of Indonesia. The Court can ensure that all regulations and actions taken by the government/state institutions and the DPR are in accordance with the constitution and protect the constitutional rights and freedoms of citizens.

Author          : Mimi Kartika
Editor           : Nur R.
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.

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