INTERNATIONALINTERNATIONAL SYSMPOSIUMSYSMPOSIUM CONSTITUTIONALCONSTITUTIONAL COURTCOURT ASAS THETHE GUARDIANGUARDIAN OFOF IDEOLOGYIDEOLOGY ANDAND DEMOCRACYDEMOCRACY ININ PLURALISTICPLURALISTIC SOCIETYSOCIETY Solo,Solo, IndonesiaIndonesia ,, 99thth -- 1010thth AugustAugust 20172017 PROCEEDING INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 PROCEEDING INTERNATIONAL SYMPOSIUM CONSTITUTIONAL COURT AS THE GUARDIAN OF IDEOLOGY AND DEMOCRACY IN PLURALISTIC SOCIETY Prepared By Proceeding and Minutes Team 2017 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA Jl. Medan Merdeka Barat No.6 Jakarta Pusat 10110, Fax: 021-3520177 [email protected] [email protected] INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 TABLE OF CONTENTS VERBATIM INTERNATIONAL SYMPOSIUM • Opening Ceremony ............................................................................................ 7 • Session 1 “Constitutional Court and State Ideology” ........................................................ 21 Session 2 “Constitutional Court and Principles of Democracy” ....................................... 47 • Session 3 “Constitutional Court’s Role in Plural Society” ................................................ 76 SUMMARY REPORT INTERNATIONAL SYMPOSIUM ............................. 103 ANNEX .................................................................................................................. 117 3 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 4 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 VERBATIM INTERNATIONAL SYMPOSIUM 5 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 6 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 INTERNATIONAL SYMPOSIUM CONSTITUTIONAL COURT AS THE GUARDIAN OF IDEOLOGY AND DEMOCRACY IN PLURALISTIC SOCIETY IN CELEBRATION OF 14th ANNIVERSARY OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA 9th - 10th AUGUST 2017, SOLO, CENTRAL JAVA, INDONESIA OPENING CEREMONY: 09.25 WIB 1. MASTER OF CEREMONY: The National Anthem of The Republic Indonesia “Indonesia Raya”. Accompanied by the choir of Sebelas Maret University student, Voca Erudita. (Singing National Anthem) Ladies and Gentlemen, please be seated. A choir of the students of Sebelas Maret University, Voca Erudita, who have received award and recognition at the international level. In the name of God, Most Gracious, Most benevolent, Excellency President of Republic Indonesia, Mr. Ir. H. Joko Widodo. His Excellency the Chair of Constitutional Court of Republic Indonesia, Mr. Arief Hidayat. The Heads of State Institutions, the Heads of Delegations, Central Java Governor Mr. Prof. Ravik Karsidi, M.S. Ladies and Gentlemen. Assalamualaikum wr. wb. May peace and prosperity be upon you all. Good greetings to all of us, good morning and welcome to the opening ceremony of the International Symposium the Constitutional Court as the Guardian of the Ideology and Democracy in a Pluralistic Sociality which is held today, Wednesday the 9th of August 2017, having held in the auditorium of Sebelas Maret University, Central Java. 7 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 Distinguished Ladies and Gentlemen, The Constitutional Court is an important part of governance system to provide justice to the society. There are lot of aspects that need to be taken into consideration in making decision for taking, handling cases including the state ideology. Especialy in countries with pluralistic society and based on that consideration this international symposium is held today entitled the Constitutional Court as the Guardian of the Ideology and Democracy in a Pluralistic Sociality, this forum is hoped to establish coorporation and to serve as exchange of experience among constitutional courts, supreme courts, and other independent institutions that are mandated to protect and guard constitution and to provide the benefit for the people in general in international level and Indonesia in specifically. I would like to present you with the Kongkorongo Dance from Sanggar Seni Kembang Lawu that will combine Tarian Ayam and Tarian Tapen or The Chicken Dance and Tapen Dance. This is part of Mondosiyo ritual in a village in Indonesia. Please welcome Kongkorongo dance. (Dance Performance) Distinguished Ladies and Gentlemen to begin the opening ceremony is the opening remark to be delivered by The Governor of Central Java, Mr. Ganjar Pranowo. 2. THE GOVERNOR OF CENTRAL JAVA: GANJAR PRANOWO Assalamualaikum wr. wb. May peace and prosperity be upon you all. Good morning. Good greetings to all of us. Our most honored Excellency and whom we are most proud of, Mr. President; the President of Republic of Indonesia, Mr. Jokowi, the Ministers, Heads of State Institutions, the Chair of the Constitutional Courts of The Republic of Indonesia, and Justices of the Constitutional Courts, the Delegations from fellow countries, Rectors, Academic Invitees from the National Police, from The National Armed Forces. Praise be to God that we are able to gather here this morning. In my opinion, this is a very important event. There are two matters that I would like to convey. The first one is the important need to protect the constitutional rights of the people, but also most importantly and specifically on how this Symposium can provide feedback for the constitutional courts to protect the state ideology as the guardian of constitutions among different countries, different states that are present here today, hopefully we can establish a way to respect and protect each ideology in each respective country. And I hope that this symposium can deliver the important decisions, so that there is a better cooperation, better relationships among the states, and also better communication among the member states. And throughout the International Symposium, Solo, as the host, is the correct choice to choose Solo as the host, because this is a place where you can eat well, delicious food. This is also the 8 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 place where art and culture develop. This is also the place with the most activities registered in our calendar in Indonesia. So, for our colleagues, delegations, who would like to enjoy culture and places in Solo, there are a lot of places that you can enjoy. And I do would like to remind you that you should take something small to go back home. And you should take a lot of souvenirs to your home countries, to bring to your family. So you need to take a lot of souvenirs and tokens and also take some produce from Solo, handicrafts from Solo. And I do recommend you a lot to enjoy the beauty of Solo. Please welcome the hometown of our President. This is where our President is raised and grew up and he is now leading our beautiful state for the interest of all of the people. Thank you. Wassalamualaikum wr. wb. May peace and prosperity be upon you. 3. MASTER OF CEREMONY: Ladies and Gentlemen, We would like to play you a video of Wonderful Indonesia. Please enjoy. Ladies and gentlemen, that was the visualization of the beauty of Indonesia, the diversity of Indonesia and the role of the Constitutional Court of the Republic of Indonesia. Distinguished ladies and gentlemen, the next item is the report from The Chief Justice of the Constitutional Court of the Republic of Indonesia, Mr. Arief Hidayat. 4. CHIEF JUSTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA: ARIEF HIDAYAT In the name of God Most Gracious, Most Benevolent. Assalamualaikum, may peace and prosperity be upon you. Good greetings to all of us. Om swastiastu. Namo Buddhaya. Your Excellency Mr. President of the Republic of Indonesia, Mr. Joko Widodo. Excellencies, the president of the Association of Asian Constitutional Courts and Equivalent Institutions, Tan Sri Datuk Mohammad Raus Sharif, honorable chiefs and justices of the constitutional courts from friendly countries, distinguished heads of state institutions, honorable justices of the Constitutional Court of the Republic of Indonesia. For the first, second and third periods, the ministers of Kabinet Kerja (Working Cabinet), the Governor of Central Java, Mr. Ganjar Pranowo, honorable Rector Professor Dr. Ravik Karsidi, academics from campuses throughout Indonesia who are present here today, participants of the Symposium. Ladies and gentlemen, let us praise God Almighty, Most Gracious, Most Benevolent, because of His grace we 9 INTERNATIONAL SYMPOSIUM Constitutional Court as the Guardian of Ideology and Democracy in Pluralistic Society Solo, Indonesia 9th - 10th August 2017 are able to gather here today to attend the opening ceremony of the International Symposium in good condition. I would like to bid welcome to all participants of the symposium, both member countries of the AACC as well as other fellow countries from the Association of the Constitutional