Court Initiates First Relation with Constitutional Court of Bosnia and Herzegovina
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Constitutional Justice Anwar Usman and Indonesian Ambassador to Bosnia and Herzegovina Manahan M. P. Sitompul welcomed by President of the Constitutional Court of Bosnia and Herzegovina Mirsad Ćeman, Thursday (4/2/2026). Photo by MKRI.


SARAJEVO (MKRI) — The Constitutional Court of the Republic of Indonesia had a bilateral meeting for the first time with the Constitutional Court of Bosnia and Herzegovina on Tuesday, April 2, 2026 at the main courtroom of the Constitutional Court of Bosnia in Sarajevo. This historic meeting marked a new phase in the cooperation between both countries’ constitutional jurisdictions.

The delegation of the Constitutional Court of Indonesia, led by Constitutional Justice Anwar Usman, was accompanied by Indonesian Ambassador to Bosnia and Herzegovina Manahan M. P. Sitompul. They received a warm welcome from President of the Constitutional Court of Bosnia and Herzegovina Mirsad Ćeman, Constitutional Justices Marin Vukoja and Larisa Velić, Secretary-General Nataša Vuković, Chief Registrar Erda Začiragić, Head of Appeal Cases Mensura Karaslihović, and Head of Case Management Franjo Dragičević and Ermina Dumanjić.

The bilateral meeting started with a photo session, followed by presentations on three key topics: both courts’ duties and authority, independence of constitutional jurisdictions, as well as perception and compliance of public and state institutions with Constitutional Court decisions. The meeting also included a question-and-answer session, followed by an exchange of tokens of appreciation.

President Mirsad Ćeman opened the meeting with a welcome speech, in which he expressed his enthusiasm for the presence of the Constitutional Court delegation and the Indonesian Embassy. He and attending constitutional justices of Bosnia then took turns explaining the topics of the meeting.

Profile, Authority of Constitutional Court of Bosnia

In the presentations, it was explained that the Constitutional Court of Bosnia possesses five principal powers. First, it exercises judicial review over regulations enacted by the entities—namely the Federation of Bosnia and Herzegovina and Republika Srpska (the Serb Republic)—to ensure their conformity with the Constitution of Bosnia. Second, it holds appellate jurisdiction, serving as the highest court authorized to review decisions from any level of the judiciary in cases involving alleged violations of human rights as guaranteed by the Constitution of Bosnia and the European Convention on Human Rights.

Third, it has the authority to safeguard vital national interests, which may be invoked to halt the legislative process in the Parliamentary Assembly if a majority of delegates from any one of the constituent ethnic groups—Bosniaks, Croats, or Serbs—considers that a proposed law would harm a vital national interest. Fourth, it possesses the authority to adjudicate presidential impeachment. Fifth, it exercises extraordinary powers in critical situations, including the authority to issue interim measures to immediately suspend the implementation of a law or political act prior to a final decision by the Constitutional Court, in order to prevent harm to the constitutional order.

The Constitutional Court of Bosnia also emphasized that it is an independent institution composed of nine judges, and that its decisions are final and binding. All public bodies, officials, and individuals throughout Bosnia are obligated to comply with its decisions, and failure to do so constitutes a criminal offense under Bosnian law.

Nevertheless, the Court acknowledged that Bosnia’s state structure—divided into two entities with their own legal systems and judicial institutions, namely the Federation of Bosnia and Herzegovina and Republika Srpska—poses practical challenges in ensuring compliance with its decisions.

Presentation by Constitutional Court of Indonesia

The head of delegation of the Constitutional Court of Indonesia, Constitutional Justice Anwar Usman, then presented the three topics. With regard to jurisdiction, he explained that the Court has authority to adjudicate cases involving: judicial review of laws against the 1945 Constitution, disputes over the authority of state institutions whose powers are granted by the Constitution, dissolution of political parties, disputes over general election results, impeachment of the president and/or vice president, and disputes over regional head elections.

Regarding judicial independence, Justice Anwar Usman emphasized that the independence of constitutional jurisdiction is constitutionally guaranteed under Article 24 of the 1945 Constitution, which provides that judicial power is an independent power to administer justice in order to uphold law and justice. Accordingly, in adjudicating cases, constitutional justices are not bound or subject to any party, except to the Constitution.

As for public and institutional compliance with Constitutional Court decisions, Justice Anwar Usman explained that since the Court’s establishment in 2003, the majority of its decisions have been implemented and complied with, due to several factors. First, the final and binding nature of the decisions automatically nullifies statutory provisions declared unconstitutional, causing such norms to immediately lose their binding legal force. Second, the public regards the Court as the ultimate forum for seeking constitutional justice, which fosters a high level of trust and compliance, both collectively and individually.

Third, the Court’s use of information technology in a transparent and accountable manner in its proceedings has further strengthened public trust. Hearings can be followed both online and offline, and the entire process is documented in written transcripts accompanied by complete audio and video recordings. This openness and accountability in judicial proceedings constitute key factors contributing to the high level of compliance with Constitutional Court decisions.

At the conclusion of the dialogue, both delegations expressed their hope to continue strengthening communication and institutional cooperation. The meeting was closed with an exchange of tokens of appreciation as a symbol of friendship between the two constitutional courts.

Three days prior to the bilateral meeting, on March 28, 2026, the Embassy of the Republic of Indonesia in Bosnia and Herzegovina held an Eid-al-fitr gathering at Wisma Indonesia in Sarajevo. The event, though modest, was warm and convivial, and was attended by the MKRI delegation together with Indonesian citizens residing in Bosnia and Herzegovina.

Author         : Nallom Kurniawan
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.


Thursday, April 02, 2026 | 15:53 WIB 138