Amicus Curiae: Friend of the Court in the Indonesian Legal System

By Adam Ilyas

Apr 21, 2024 07:25 WIB April 21, 2024 07:25 WIB 4 minute read 4 minute read time 79 reads

Legal Literacy - This article investigates the role and application of amicus curiae, or 'friend of the court,' within the Indonesian judicial system. We will explore the legal basis, functions, and debates surrounding the acceptance of friend of the court in Indonesia, providing guidance for legal practitioners, and answering common questions regarding the topic.

Introduction

Amicus curiae, which means "friend of the court" in Latin, is a legal concept in which individuals or groups not directly involved in a case can provide views, information, or expertise that can assist the court in making fair and appropriate decisions. In Indonesia, this role has not been specifically regulated in legislation, but has been accepted in judicial practice, particularly in cases that have broad social or legal impact.

The purpose of friend of the court is to assist the court in considering all relevant legal aspects in a case, so that the court can make a fair and appropriate decision.

Legal Basis of Amicus Curiae

The concept of amicus curiae in Indonesia is based on Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. This article affirms that judges and constitutional judges are obliged to explore, follow, and understand the legal values and sense of justice that live in society. This opens the way for judges to accept and consider the opinions of friends of the court in their decision-making process.

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Amicus Curiae Friend of the Court in the Indonesian Legal System — Image Illustration by the Editors / Source: DALLE

Functions of Amicus Curiae

Amicus curiae functions to provide perspectives, information, or legal arguments that may not have been fully considered by the court. This function is very important in complex cases, especially those related to major issues such as human rights, public policy, and interpretation of laws. In practice in Indonesia, friend of the court is often used in trials at the Constitutional Court, where interested third parties can register to provide opinions in the judicial review of laws.

Debates Regarding the Acceptance of Amicus Curiae

Although accepted in some cases, the acceptance of amicus curiae in Indonesia is still a topic of debate. Some parties argue that this role needs to be institutionalized more formally to avoid inappropriate intervention in the court process. However, supporters of friend of the court emphasize the importance of this role in helping the court reach fairer decisions based on broad information.

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Application of Friend of the Court in Real Cases

Human Rights Cases: In several major human rights violation cases, friend of the court has been utilized to provide in-depth legal context and analysis that helps judges make more informed decisions.
Environmental and Social Cases: In environmental and social litigation, amicus curiae often assist courts in understanding the broader social and environmental impacts of court decisions.
Statutory Interpretation: In cases requiring complex interpretation of statutes, amicus curiae can provide expert opinions that assist in clarification and guidance for the court.

Conclusion

Amicus Curiae is one way to improve the quality of justice in Indonesia. Although there are some challenges in its implementation, amicus curiae can be a useful tool to assist courts in making fair and appropriate decisions.

FAQ

What is Amicus Curiae? Amicus Curiae is a third party that provides information or legal expertise to a court regarding a case in which they are not directly involved.
How does amicus curiae contribute to the judiciary? They provide perspectives, data, and legal analysis that can help understand their legal implications.
Does amicus curiae have a direct influence on court decisions? Amicus curiae do not have the legal power to directly influence court decisions. They only provide views or information that can be one of the considerations in decision-making by judges.
How can a person or group become an amicus curiae in a case in Indonesia? In Indonesia, the process to become an amicus curiae generally involves registration and submission of written opinions to the relevant court, particularly in the Constitutional Court.