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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Agus Sahbani
Indonesia's Constitutional Court. Photo by: RES
Indonesia’s Constitutional Court (Mahkamah Konstitusi –“MK”) is set to host the 3rd Congress of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), which will take place in the Balinese resort of Nusa Dua from 8 to 12 August 2016.
The congress follows up the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) symposium, which was held in Jakarta between 14 and 17 August 2015. According to MK spokesperson Fajar Laksono, the MK was appointed to host the 3rd Congress as the position of President of the AACC for the period 2014-2016 is currently held by the Chief Justice of the MK.
The AACC is a society organization of the constitutional courts in the Asian region and was founded in order to foster closer cooperation between constitutional courts and similar institutions across Asia. The AACC also acts as a useful forum for the exchange of information on constitutional practice and jurisprudence, which will hopefully benefit the development of constitutional courts and similar institutions across the Asian region.
The AACC was officially founded in July of 2010 by seven constitutional courts from Indonesia, South Korea, Malaysia, the Philippines, Thailand, Mongolia and Uzbekistan. The declaration of the organization’s founding later became known as “the Jakarta Declaration” and the AACC was established with the primary objective of promoting democracy, law enforcement and human rights.
The Chief Justice of the MK was elected as President of the AACC for the 2014-2016 period during the 2nd AACC Congress, which was held in Istanbul, Turkey in April of 2014. This makes Indonesia the third country to hold the position after South Korea and Turkey. Meanwhile, the AACC has now expanded to embrace a total of 16 member countries: Indonesia, Afghanistan, Azerbaijan, Kazakhstan, South Korea, Malaysia, Pakistan, the Phillippines, Russia, Tajikistan, Thailand, Turkey, Uzbekistan, Mongolia, Kyrgyztan and Myanmar.
The AACC’s 3rd Congress, which goes under the title: “The Promotion and Protection of Citizen’s Constitutional Rights” will be attended by various constitutional-court members from across Asia, who will be attending the congress in the capacity of observers, academic practitioners and former constitutional-court judges. As of Saturday, 6 August 2016, some 18 countries had already confirmed their attendance at the 3rd Congress, including Thailand, South Korea, Myanmar, Afghanistan, Turkey, Mongolia, Malaysia and Kazakhstan.
“To date, some 18 countries have already confirmed their attendance at the congress. Most of the attendees will be AACC members, with the exception of Uzbekistan, Pakistan, Vietnam, East Timor (Timor Leste), Morocco, and delegations from the Conference of Constitutional Jurisdictions of Africa (CCJA),” Mr. Laksono asserted to hukumonline.
Four main topics will be under discussion during the 3rd Congress, and on Tuesday, 9 August 2016, members of the AACC Secretariat General will meet to discuss and finalize details relating to the establishment of an AACC Permanent Secretariat.
This meeting follows up last year’s AACC symposium, which was held in Jakarta but which ultimately failed to establish an AACC Permanent Secretariat, despite Indonesia’s MK and the South Korean constitutional court declaring their readiness to fill the position. The proposal to establish the Secretariat was ultimately turned down due to the fact that a number of the delegations present did not agree to the organizational structures, working procedures and financial and human resources proposed by the two countries in question.
The AACC mandates that members of the AACC Secretariat General should draw up a working paper defining their ideal concept for the Permanent Secretariat. By way of example, member countries may propose that the members of any Permanent Secretariat be rotated routinely, or that all members of the AACC Permanent Secretariat should be replaced whenever a new AACC President is appointed.
It is important to note, however, that the symposium did not have the authority to establish an AACC Permanent Secretariat. Instead, any proposals which were made regarding the establishment of an AACC Permanent Secretariat were to be submitted to the AACC in order to undergo a process of review, with approval officially set to be announced during the 3rd AACC Conference.
“The results of the meeting must then be reported to their respective country’s Chief Justice/President of Constitutional Court. Indeed, the authority to establish the Permanent Secretariat ultimately lies with a Board of Members’ Meeting. The Board of Members is the AACC’s highest governing body and comprises of the respective member countries’ Chief Justices/Presidents of Constitutional Court,” asserted Mr. Laksono.
A Board of Members’ Meeting will be held on Wednesday, 10 August 2016 and will discuss the establishment of the AACC Permanent Secretariat, cooperation between the AACC and the CCJA, and several other relevant agenda items. Meanwhile, the 3rd Congress’ official opening ceremony, which will be presided over by Arief Hidayat, the Chief Justice of the MK and the current AACC President, as well as Indonesia’s President Joko Widodo, is to be held on Thursday, 11 August 2016.
The opening ceremony will then be followed by a number of presentations made by AACC member countries and focusing on the implementation of constitutional rights protections for the citizens of their respective nations. This session will be divided into three main topic areas, as follows: (i) Mechanisms for the Protection of Citizens’ Constitutional Rights: Different Perspectives in Various Countries; (ii) The Regulatory Frameworks for the Association of Asian Constitutional Courts and their Equivalent Institutions for the Protection of Citizens’ Constitutional Rights Through their Judgements; and (iii) Reinforcing and Facing Challenges Relating to the Protection of Citizen’s Constitutional Rights.
The first topic will feature presentations given by the constitutional courts of South Korea, Malaysia and Morocco. The second topic will covered by the MK, while the last topic will be covered by the constitutional courts of Mongolia and Turkey. This session will provide an opportunity for all AACC member countries to share their opinions as regards the ideal protection of citizens’ constitutional rights through constitutional court judgements which are rendered within their respective countries, as well as any kind of troubles which may arise when dealing with issues relating to constitutional-rights protection.
“On Friday, 12 August 2016, a second Board of Members’ Meeting will be held to elect a new AACC President for the 2016-2018 period, as Indonesia’s Chief Justice Hidayat term in office is nearly over and he must relinquish the position to another nominee,” Mr. Laksono concluded.
(hs/sp)
Marcell Sihombing, Agus Sahbani
Indonesia's Constitutional Court. Photo by: RES
Indonesia’s Constitutional Court (Mahkamah Konstitusi –“MK”) is set to host the 3rd Congress of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), which will take place in the Balinese resort of Nusa Dua from 8 to 12 August 2016.
The congress follows up the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) symposium, which was held in Jakarta between 14 and 17 August 2015. According to MK spokesperson Fajar Laksono, the MK was appointed to host the 3rd Congress as the position of President of the AACC for the period 2014-2016 is currently held by the Chief Justice of the MK.
The AACC is a society organization of the constitutional courts in the Asian region and was founded in order to foster closer cooperation between constitutional courts and similar institutions across Asia. The AACC also acts as a useful forum for the exchange of information on constitutional practice and jurisprudence, which will hopefully benefit the development of constitutional courts and similar institutions across the Asian region.
The AACC was officially founded in July of 2010 by seven constitutional courts from Indonesia, South Korea, Malaysia, the Philippines, Thailand, Mongolia and Uzbekistan. The declaration of the organization’s founding later became known as “the Jakarta Declaration” and the AACC was established with the primary objective of promoting democracy, law enforcement and human rights.
The Chief Justice of the MK was elected as President of the AACC for the 2014-2016 period during the 2nd AACC Congress, which was held in Istanbul, Turkey in April of 2014. This makes Indonesia the third country to hold the position after South Korea and Turkey. Meanwhile, the AACC has now expanded to embrace a total of 16 member countries: Indonesia, Afghanistan, Azerbaijan, Kazakhstan, South Korea, Malaysia, Pakistan, the Phillippines, Russia, Tajikistan, Thailand, Turkey, Uzbekistan, Mongolia, Kyrgyztan and Myanmar.
The AACC’s 3rd Congress, which goes under the title: “The Promotion and Protection of Citizen’s Constitutional Rights” will be attended by various constitutional-court members from across Asia, who will be attending the congress in the capacity of observers, academic practitioners and former constitutional-court judges. As of Saturday, 6 August 2016, some 18 countries had already confirmed their attendance at the 3rd Congress, including Thailand, South Korea, Myanmar, Afghanistan, Turkey, Mongolia, Malaysia and Kazakhstan.
“To date, some 18 countries have already confirmed their attendance at the congress. Most of the attendees will be AACC members, with the exception of Uzbekistan, Pakistan, Vietnam, East Timor (Timor Leste), Morocco, and delegations from the Conference of Constitutional Jurisdictions of Africa (CCJA),” Mr. Laksono asserted to hukumonline.
Four main topics will be under discussion during the 3rd Congress, and on Tuesday, 9 August 2016, members of the AACC Secretariat General will meet to discuss and finalize details relating to the establishment of an AACC Permanent Secretariat.
This meeting follows up last year’s AACC symposium, which was held in Jakarta but which ultimately failed to establish an AACC Permanent Secretariat, despite Indonesia’s MK and the South Korean constitutional court declaring their readiness to fill the position. The proposal to establish the Secretariat was ultimately turned down due to the fact that a number of the delegations present did not agree to the organizational structures, working procedures and financial and human resources proposed by the two countries in question.
The AACC mandates that members of the AACC Secretariat General should draw up a working paper defining their ideal concept for the Permanent Secretariat. By way of example, member countries may propose that the members of any Permanent Secretariat be rotated routinely, or that all members of the AACC Permanent Secretariat should be replaced whenever a new AACC President is appointed.
It is important to note, however, that the symposium did not have the authority to establish an AACC Permanent Secretariat. Instead, any proposals which were made regarding the establishment of an AACC Permanent Secretariat were to be submitted to the AACC in order to undergo a process of review, with approval officially set to be announced during the 3rd AACC Conference.
“The results of the meeting must then be reported to their respective country’s Chief Justice/President of Constitutional Court. Indeed, the authority to establish the Permanent Secretariat ultimately lies with a Board of Members’ Meeting. The Board of Members is the AACC’s highest governing body and comprises of the respective member countries’ Chief Justices/Presidents of Constitutional Court,” asserted Mr. Laksono.
A Board of Members’ Meeting will be held on Wednesday, 10 August 2016 and will discuss the establishment of the AACC Permanent Secretariat, cooperation between the AACC and the CCJA, and several other relevant agenda items. Meanwhile, the 3rd Congress’ official opening ceremony, which will be presided over by Arief Hidayat, the Chief Justice of the MK and the current AACC President, as well as Indonesia’s President Joko Widodo, is to be held on Thursday, 11 August 2016.
The opening ceremony will then be followed by a number of presentations made by AACC member countries and focusing on the implementation of constitutional rights protections for the citizens of their respective nations. This session will be divided into three main topic areas, as follows: (i) Mechanisms for the Protection of Citizens’ Constitutional Rights: Different Perspectives in Various Countries; (ii) The Regulatory Frameworks for the Association of Asian Constitutional Courts and their Equivalent Institutions for the Protection of Citizens’ Constitutional Rights Through their Judgements; and (iii) Reinforcing and Facing Challenges Relating to the Protection of Citizen’s Constitutional Rights.
The first topic will feature presentations given by the constitutional courts of South Korea, Malaysia and Morocco. The second topic will covered by the MK, while the last topic will be covered by the constitutional courts of Mongolia and Turkey. This session will provide an opportunity for all AACC member countries to share their opinions as regards the ideal protection of citizens’ constitutional rights through constitutional court judgements which are rendered within their respective countries, as well as any kind of troubles which may arise when dealing with issues relating to constitutional-rights protection.
“On Friday, 12 August 2016, a second Board of Members’ Meeting will be held to elect a new AACC President for the 2016-2018 period, as Indonesia’s Chief Justice Hidayat term in office is nearly over and he must relinquish the position to another nominee,” Mr. Laksono concluded.
(hs/sp)