BINUS HOSTS 14TH PANEL OF INLU 2022 WITH MAHKAMAH AGUNG AND HOGE RAAD

Wednesday September 28^th BINUS hosted the 14^th panel of the Indonesian-Netherlands Legal Updates (INLU 2022). INLU 2022 was organized by the Center of Legal Cooperation (Den Haag) and Lembaga Independensi Peradilan (Jakarta) and funded by the Dutch Embassy in Jakarta. INLU 2022 had the theme “Digitalization, Innovation and Sustaining Legal Relationships” and brought together the highest representatives of Indonesian and Dutch legal institutions that collaborate on key legal issues, namely the Mahkamah Agung and the Hoge Raad, The Nationale Ombudsman and Ombudsman Republik Indonesia, Pusdiklat Mahkamah Agung and Studiecentrum Rechtspleging (judicial training centers), as well as Ditjen Pas and Reclassering Nederland (responsible for probation services). More than 20 Indonesian and Dutch organizations were involved in the organization of the panels, including BINUS as co-organizer and host of Panel 14 on “New Legal Mechanisms to Protect Legal Unity”.

The 14^th panel was opened by the vice rector of BINUS University, Prof. Tirta Nugraha Mursitama who underlined the importance of new legal mechanisms in protecting legal unity in the digital era.  Subsequently, the President of the Dutch Supreme Court (Hoge Raad), Prof. Dineke de Groot underlined in her speech the importance of legal consistency and the role of the Supreme Court in protecting legal unity.  She also stated that she was happy to be at BINUS University and see the enthusiasm of the many students present in the auditorium.

After the opening section, it was time for the keynote speeches. The Vice Chief of the Mahkamah Agung on Judicial Matters, Dr. Andi Samsan Nganro in his keynote speech linked the concepts of legal certainty, legal consistency and legal unity and provided examples of how the Mahkamah Agung has attempted to increase consistency of judgments in the past decades. The key-note speech of justice of the Hoge Raad Dr. Annelies Röttgering centered around prejudicial questions, a new legal mechanism that allows first-instance and appellate courts that adjudicate a case containing a legal problem of general importance, to file a request to the Supreme Court to formulate a legal solution to this legal problem. The solution offered by the Supreme Court must be followed by the court concerned and in practice also serves as guidelines for other courts in similar cases, thus enhancing legal unity in the Netherlands.

Following the keynote speeches, it was time for the panel consisting of the already mentioned chief justice Dr. Annelies Röttgering, Head of the Supreme Court Chamber of the Mahkamah Agung, Dr. H. Suhadi, Dr. Dian Rositawati from the Tim Pembaruan Peradilan of the Mahkamah Agung and Prof. Shidarta of BIUNS University. Astriyani Achmad of Tim Pembaruan Mahkamah Agung acted as the moderator of the panel.

Chief Justice Dr. H. Suhadi explained why the Supreme Court introduced the chamber system in 2011 and how the chamber system has increased both legal specialization of judges and legal unity – among others through regulations (PerMA) and circulars (SEMA) issued by the Mahkamah Agung. Dr. Dian Rositawati, provided an overview about the objectives of the chamber system, the role of Supreme Court regulations and policies in providing legal unity, the extent to which these objectives have been achieved and recommendations on improvements of the system. Finally. Prof. Shidarta of Business Law BINUS in his presentation, discussed the issue of yurisprudensi (case law) development in Indonesia. In the Netherlands and elsewhere where case law plays an important role in the legal system, an academic culture and infrastructure of annotating court judgments exists, so that it is easier for legal practitioners to identify what the essential judgments to a certain legal problem are. In Indonesia this culture and infrastructure is lacking, making it difficult to identify court cases that fulfil the criteria of case law. As a consequence, even if a judgment is selected as yurisprudensi by the Mahkamah Agung, this will not automatically mean that a majority of judges feel bound by this yurisprudensi – yurisprudensi does not develop into case law.

The 14^th panel of INLU 2022 was held in the Auditorium of Campus Anggrek BINUS University and could be followed online by registered participants. Almost 200 persons participated onsite while more than 500 persons participated online, making it one of the best attended hybrid panels of INLU 2022.