Highly Dynamic: Protection of Citizens’ Constitutional Rights on Constitutional Court Decisions
04 December 2018

Constitutional Justice Mr. Manahan Sitompul gave guest lectures to participants of the Pro Curia Judicial Training Program at The Hague University, The Hague, (4/12). Presented at the occasion were the Dean and Director of the Pro Curia Judicial Training Program Michael Vagias, and Joost de Langen, followed by 50 participants from both the Constitutional Court of Indonesia and postgraduate students of The Hague University.


Justice Manahan explained the background of the Constitution of the Republic of Indonesia of 1945 (UUD 1945) post-amendment which aimed to introduce the full provisions concerning the protection and enforcement of human rights. "In general, incorporating human rights into constitutional articles is a feature of the modern constitution as well as a prerequisite to build the foundation of constitutionalism." Manahan added that "the Constitution as an instrument to reach constitutionalism must include provisions in controling the political power and protection of human rights," said the alumni of the University of North Sumatra.


He further explained about how the role of the Constitutional Court tried to strengthen Pancasila as a staatsfundamentalnorm which at the same time became the soul of the 1945 Constitution.


In the Q&A session, a number of questions about the position of the Pancasila as the ideology of the nation were raised. The forum also discussed the Constitutional Court Decisions which gave women the opportunity to become kings/leader in Special Region of Yogyakarta (DIY) and the dissolution of the political party which is part of the authority of the Constitutional Court in Indonesia.


On the discussion, Manahan explained that Pancasila is the basis of the state which must normatively become the foundation of the implementation of the Indonesian State Government which functioned to provide protection, welfare, intelligence and participate in world order as decided in Decision Number 100 / PUU-XI / 2013. As for the initial opportunities for women to become leader in Yogyakarta, it has been decided in the decision number 88 / PUU-XIV / 2016, because the phrase "wife" in Article 18 paragraph (1) letter m of the DIY Privilege Law has the potential to cause legal and discriminatory uncertainty. Contrary to Article 18B paragraph (1) of the 1945 Constitution which affirms that the state respects special regions to specially stipulated in the law. Whereas related to decide the dissolution of political parties according to Article 68 of the Constitutional Court Law, which stated that political parties can be dissolved if the ideologies, principles, objectives, programs and activities of political parties against or discord with the 1945 Constitution.


The lecture then ended with a photo session together with all college participants including the participants of the Pro Curia Judicial Training (employee recharging program) which was attended by eight employees of the Constitutional Court of the Republic of Indonesia.


Before heading back to Indonesia, the Constitutional Justice who was also accompanied by the Registrar of Court Kasianur Sidauruk visited the International Criminal Court and had a dialogue with Indonesian people at the Indonesian Embassy in The Hague, Netherlands. (AT/SO)