Chief Justice Suhartoyo and Secretary-General Heru Setiawan welcoming the Supreme Court of the Netherlands, Friday (6/20/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Chief Justice Suhartoyo and Secretary-General Heru Setiawan welcomed a delegation of the Supreme Court of the Netherlands on Friday, June 20, 2025 in the Constitutional Court’s (MK) main building. Supreme Court President Dineke de Groot, Vice President Mariken van Hilten, and Justice Tijs Kooijmans made the courtesy call alongside Mark Hengstman and Sinta Suryani from the Embassy of the Netherlands.

Chief Justice Suhartoyo said that prior to the establishment of the Constitutional Court of the Republic of Indonesia, the Supreme Court held full judicial authority in Indonesia with various authority. It was not until 2003 that the authority to conduct judicial review of laws was formally vested in the Constitutional Court, as stipulated in the Constitution. In addition, the chief justice noted, the Constitutional Court was also entrusted with the authority to adjudicate the dissolution of political parties, as well as to resolve disputes over the results of general elections and regional head elections.

“It is an honor for us at the Constitutional Court of Indonesia to welcome the Supreme Court of the Netherlands for this exchange of experiences regarding institutional authority. Although the Constitutional Court does not handle concrete cases like the Supreme Court of Indonesia or the Supreme Court of the Netherlands, our existence remains fundamentally linked to the pursuit of justice for all. This is one of the pathways to earning greater international trust in Indonesia. In terms of its legal function, the Constitutional Court produces outcomes that are aligned with the broader judicial system—achieving legal certainty and justice, as enshrined in its institutional mission,” Chief Justice Suhartoyo emphasized.

Constitutional Role of Supreme Court of the Netherlands

During the meeting, President of the Supreme Court of the Netherlands Dineke de Groot remarked that Indonesia and the Netherlands, particularly the Supreme Courts of both countries, have enjoyed a longstanding relationship. With this visit, she expressed hope that good relations could also develop between the Constitutional Court of Indonesia and the Supreme Court of the Netherlands through meaningful dialogue on constitutional matters. One of the primary goals of this cooperation, she said, is to strengthen the rule of law in Indonesia, particularly in creating greater legal certainty for its citizens. Legal certainty and consistency, she stressed, play a critical role in upholding the rule of law, providing legal protection, encouraging investment, and supporting domestic trade.

President De Groot also shared that the Dutch Supreme Court is currently engaged in deep discussions about constitutional justice and the importance of maintaining public confidence in the judiciary and the rule of law system. In today’s increasingly complex world, she said, it is essential to reflect on the preconditions for a peaceful and prosperous society.

Although the Netherlands does not have a constitutional court, it does perform certain constitutional functions, although election-related matters are handled by the Electoral Council. However, in many countries, she explained, election disputes typically fall under the jurisdiction of constitutional courts.

“It is interesting to observe how constitutional courts in different countries have different responsibilities. Nevertheless, the Supreme Court of the Netherlands also shares the same commitment and responsibility, particularly regarding judicial review, which in the Netherlands is carried out by ordinary courts. While our courts are not allowed to review acts of parliament against the Constitution, when certain legal provisions are found to be incompatible with human rights, judicial mechanisms are in place,” she elaborated.

“In this time of global uncertainty, it has become increasingly urgent for judicial institutions, including the Supreme Court of the Netherlands, to share responsibilities, to talk about what we are doing, and to build mutual trust between the courts. Such collaboration is crucial for strengthening our shared responsibility for upholding the Constitution and protecting human rights,” she concluded.

On this occasion, the delegation from the Supreme Court of the Netherlands was also given a tour of the Constitutional Court. Accompanied by the Head of the Public Relations and Protocol Bureau Pan M. Faiz and the Head of the AACC Permanent Secretariat and International Affairs Department Immanuel Hutasoit, the delegation was introduced to the key parts of the courtrooms, including the plenary courtroom and one of the panel courtrooms.

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
Translator     : Yuniar Widiastuti (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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