Head of the Public Relations Andi Hakim (center) and Expert Assistant to Constitutional Justices Luthfi Widagdo Eddyono (left) becoming resource persons in the fourth series of the Constitutional Court (MK) Literacy Discussion, on Tuesday (10/15/2024). PR Photo/Fauzan
JAKARTA, Public Relations of the MKRI – Expert Assistant to Constitutional Justice Luthfi Widagdo Eddyono and author of the book "History of Indonesian Constitutional Law" and Head of the Public Relations Andi Hakim and author of the book "Model of Good Court Governance in the Constitutional Court" became resource persons in the Constitutional Court (MK) Literacy Discussion series four, on Tuesday (10/15/2024). Event organized by the Center for Case Research and Study, and Library Management of the Court in collaboration with the Edulaw Project took place at the Court’s Library, 3rd floor, Court’s Building 2.
Luthfi Widagdo Eddyono in his presentation explained that the book "History of Indonesian Constitutional Law" is a collection of his papers contained in the Court’s publications. Luthfi said that what was written were things that were rarely read and discussed by the public, starting from figures and constitutional events.
Luthfi said that previously Indonesia experienced colonization by the VOC, Portuguese, Dutch, French through the Netherlands and Japan. The variety of foreign countries that colonized provided many colors in the development of the Indonesian constitution. According to him, when the Dutch colonized Indonesia, not many people received proper education or knowledge and skills in using weapons. However, things changed when Japan colonized Indonesia, where many people received military education and training in order to assist Japan in the second world war.
During the Japanese colonial period, said Luthfi, an Investigation Agency for Preparatory Efforts for Independence was formed which later became the Preparatory Committee for Indonesian Independence, where there were many debates in discussing the constitution which discussed the form of the state, ideology and all matters related to the constitution.
Many events and parties surrounding the proclamation show that Indonesian independence was a joint effort from various groups, such as the typewriter for drafting the proclamation text that was borrowed from the German embassy, the home of Rear Admiral Maeda, an officer in the Imperial Japanese Navy who was used as a place for drafting the text of the proclamation, photos of the proclamation event by the Mendur brothers which was full of struggle, and many other things.
Luthfi also explained that in the BPUPK discussion the issue of Papua was also discussed, and also Malaya's desire to join the country that was to be formed, in the end it was agreed that what would become part of Indonesia was the territory controlled by the Dutch East Indies.
The next figure who constitutionally plays a role in the Unitary State of the Republic of Indonesia is Juanda, because his ideas include Indonesian seas as part of the sea territory and outer boundaries of Indonesian seas. Luthfi said that there are many small events written in this book, these small events have an influence on bigger events.
Good Governance Model
Next, Andi Hakim, who explained the book "Model of Good Court Governance in the Constitutional Court," said that this book is his paper he wrote while taking a doctoral program at the University of Indonesia. Hakim explained that in Europe there had been a lot of review of the governance of judicial institutions. He stated that before writing this book he had written a more global book on judicial governance discussing the administration of justice, so that it is like in the field of economics, the book being reviewed this time is like microeconomics.
Hakim explained that previously the branch of power known today was in the hands of the king, in 1701 there was a separation of judicial powers in mainland England. When the judiciary was established, the first thing that existed was a judicial administrator to assist the king in making decisions. So, before the profession of judge existed, the first profession to exist was a judicial administrator.
Then Hakim explained, based on the results of the research contained in this book, the problems that often arise in the judiciary are abuse of authority, money buy justice, justice delay which result in a lack of clarity resulting in a lack of legal certainty, complex procedures, complicated legal rules, and problems of transparency and accountability.
In the event moderated by Rahmatika Monati, Hakim said that justice seekers always look for the rules of the game for handling cases, so openness and transparency of the rules of court proceedings are needed. Referred to this background, the Constitutional Court is open and transparent to the public so that they can find out about the Constitutional Court regulations related to the procedures at the Constitutional Court. However, not everything regarding the Constitutional Court cannot always be known with certainty in judicial review cases, and this is homework for the Constitutional Court to continue to make improvements.
In the context of transparency, the public can track the progress of cases handled by the Constitutional Court through case tracking, but the public cannot know the progress of cases when they enter the discussion process by Constitutional Justices in judges' deliberation meetings.
The Constitutional Court has taken a number of steps so that it does not just become a judicial institution, so that with all the efforts that have been made the Constitutional Court also becomes a center of excellence for society. Talking further about good court governance, professionalism influences how judicial institutions run. Therefore, since its establishment, the Court has always encouraged its employees to develop themselves through various education and training.
"Feudal culture undermines the professionalism of the judiciary," said Hakim. Therefore, according to him, it is important to build a judicial institution with professional staff. Apart from that, judicial institutions need to be supported by developing technology to reach the justice-seeking public and spread understanding about the Constitutional Court. Digital literacy is needed so that people can get the benefit of information technology devices.
Hakim explained that this book also reviews on the independence of the administration of judicial institutions which is no less important than the independence of justices, apart from that in terms of maintaining the integrity of judicial institutions it also depends on the culture of a society.
According to him, the judiciary is the weakest branch of power because it cannot mobilize authorities to carry out executions and does not have the freedom to manage the budget to maintain its independence. Budget politics often affect the independence and impartiality of judicial institutions.
"It will be difficult to implement judicial independence without being supported by administrative independence," said Hakim.
Previously, the Head of the Center for Research and Study of Cases, Kurniasih Panti Rahayu, in her speech said that for colleagues who carry out research, the Constitutional Court is open to all colleagues who need library materials. The Court is also a constitutional campus where many books are produced. According to the woman who is familiarly called Ayu, the Court has published 150 books in the last five years. (*)
Author : Ilham W.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.
Tuesday, October 15, 2024 | 15:47 WIB 104