Lambang Mahkamah Agung Republik Indonesia
Lambang Mahkamah Agung Republik Indonesia
News / Tuesday, October 13, 2020 00:29 / pepy nofriandi

CHIEF JUSTICE SYARIFUDDIN TALKS ABOUT THE JUDICIARY ROLE IN HUMAN RIGHTS RESPONSIBILITY IN THE VIRTUAL DISCUSSION

CHIEF JUSTICE SYARIFUDDIN TALKS ABOUT THE JUDICIARY ROLE IN HUMAN RIGHTS RESPONSIBILITY IN THE VIRTUAL DISCUSSION

Yogyakarta – Public Relations: Chief Justice of the SupremeCourt Dr. H. M. Syarifuddin, S.H., M.H., talks about the Judiciary Role in Human Rights Responsibility in a virtual discussion on Monday, October 12th, 2020, at Ambarukmo Hotel, Yogyakarta. In the discussion, the Chief Justice was accompanied by Vice Chief Justice for Non-Judicial Matters, Chief of Religious Chamber, as well as Head of training and Education Centre.

In the remarks, Syarifuddin says that Indonesia as a legal country has guaranteed human rights which are regulated specifically in a Chapter on Human Rights in the 1945 Constitution of the Republic of Indonesia. Following implementation from this legal basis has issued in Act Number 39 of 1999 on Human Rights. Constitution guarantee of human rights and kind of the following regulation on it has mandated the nation and also all nation power elements to respect, to secure, as well as to fulfill human rights.

Besides, Syarifuddin says that this task is also mandated by the judiciary especially through judges to implement the country task as duties bearer in Human Rights. In implementing this duty, judges must concern human rights that were regulated in the 1945 Constitution of the Republic of Indonesia and come from fundamental values in the Opening of the 1945 Constitution of the Republic of Indonesia as Country Philosophy namely Pancasila.

“In this context, I want to say to all judges that in implementing judges authority such as to examine, to judge, and to decide human rights cases, judges obliged to return to Human Rights Essence which is contained in Pancasila. This return obligation also in line with the oath of appointment of judges that all judges swear must hold firmly the 1945 Constitution of the Republic of Indonesia and carry out all laws and regulations according to the 1945 Constitution of the Republic of Indonesia,” says Syarifuddin.

Syarifuddin adds that the Human Rights instrument that has ratified by the Indonesian government is a standard that must be achieved by all nations ratified and created an obligation to give the ratification result. The ways to achieve these results are not regulated by these various instruments unless specifically mentioned by the instrument in question which requires States parties to take certain steps such as legislative steps, by which each country and its organs are given the discretion to implement these international human rights conventions in the domestic sphere.

However, according to Syarifuddin the judges should also note that in several instruments special bodies have been mandated to oversee the implementation of human rights instruments ratified by a State. This body also holds the mandate to provide interpretation as a guide for countries that ratify international human rights conventions in the implementation of these norms domestically.

At the end of his remarks, Chief Justice Syarifuddin states that this discussion and Human Rights training for General Courts Judges is the significant element which supply judges knowledge on judiciary role in carrying out human rights duty and responsibility. “I am sure that many discourses and critical study of this event will enrich the treasury of knowledge all judges when faced concrete cases that needed human rights approach,”  says Syarifuddin. He adds that this event is also a study process as well as a dialogue process among judiciaries as judicial power holders. “I hope that the dialogue that is built in this activity is a dialogue within the framework of mutual respect and mutual appreciation,” he hopes.

This event is in cooperation with Norwegia Embassy for Indonesia  and LeIP (judicial independence study and advocacy institution) (Public Relations) (Translator:azh/Reviewer:RS)




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